[Rev. 2/8/2019 9:34:32 AM]
κ2005 Statutes of Nevada, Page 2817 (CHAPTER 501, SB 163)κ
3. Section 54 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for support of one or more children,
Κ are repealed by the Congress of the United States.]
Sec. 231. Section 184 of chapter 508, Statutes of Nevada 2003, at page 3483, is hereby amended to read as follows:
Sec. 184. 1. This section becomes effective on passage and approval.
2. Sections 1 to 182, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and on July 1, 2003, for all other purposes.
3. Section 183 of this act becomes effective on July 1, 2003.
[4. Sections 79.7 and 99 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 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,
Κ are repealed by the Congress of the United States.]
Sec. 232. Section 89 of chapter 516, Statutes of Nevada 2003, at page 3580, is hereby amended to read as follows:
Sec. 89. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 20, inclusive, 21.5 to 39, inclusive, and 41 to 88, inclusive, of this act become effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and:
(a) Sections 1 to 20, inclusive, 21.5 to 25, inclusive, 31, 32, 33, 35, 36, 38, 39, 41, 42, 42.5, 45 and 48.5 to 88, inclusive, of this act become effective July 1, 2003, for all other purposes.
(b) Sections 26 to 30, inclusive, 34, 37, 43, 44, 46, 47 and 48 of this act become effective on July 1, 2004, for all other purposes.
3. Sections [20, 29, 39,] 29, 46 , 57 and 74 of this act expire by limitation on the date 2 years after 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:
κ2005 Statutes of Nevada, Page 2818 (CHAPTER 501, SB 163)κ
(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,
Κ are repealed by the Congress of the United States.
[4. Sections 21 and 40 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 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,
Κ are repealed by the Congress of the United States.]
Sec. 233. 1. NRS 623.183, 628.034, 630.278, 630A.243, 632.3443, 635.053, 636.157, 637B.163, 639.128, 641B.203, 641C.270, 642.0193, 644.212, 648.083, 652.093 and 655.073 are hereby repealed.
2. Section 30 of chapter 502, Statutes of Nevada 1999, at page 2585, sections 73, 74, 75, 76 and 77 of chapter 574, Statutes of Nevada 1999, at pages 3075 and 3076, section 54 of chapter 69, Statutes of Nevada 2001, at page 514, sections 19 and 20 of chapter 227, Statutes of Nevada 2001, at page 1013, sections 9, 10 and 11 of chapter 340, Statutes of Nevada 2001, at pages 1611, 1612 and 1613, respectively, section 31 of chapter 89, Statutes of Nevada 2003, at page 521, section 6 of chapter 162, Statutes of Nevada 2003, at page 859, sections 24 and 25 of chapter 277, Statutes of Nevada 2003, at pages 1422 and 1423, respectively, sections 63 and 67 of chapter 284, Statutes of Nevada 2003, at pages 1501 and 1504, respectively, section 54 of chapter 447, Statutes of Nevada 2003, at page 2722, and sections 21 and 40 of chapter 516, Statutes of Nevada 2003, at pages 3541 and 3550, respectively, are hereby repealed.
Sec. 234. 1. This section and sections 1 to 9, inclusive, 11 to 14, inclusive, 16 to 19, inclusive, 21, 22, 24 to 27, inclusive, 29, 30, 32, 33, 35, 36, 37, 39, 40, 41, 43 to 50, inclusive, 52, 53, 54, 56 to 59, inclusive, 61 to 64, inclusive, 66 to 69, inclusive, 71, 72, 73, 75 to 78, inclusive, 80, 81, 82, 84 to 87, inclusive, 89, 90, 91, 93 to 96, inclusive, 98 to 100, inclusive, 102 to 106, inclusive, 108, 110, 111, 113, 114, 115, 117, 118, 120, 121, 122, 124 to 132, inclusive, 134 to 138, inclusive, 140 to 143, inclusive, 145 to 149, inclusive, 151, 152, 154, 155, 157, 158, 159, 161, 162, 164, 166 to 169, inclusive, 171, 172, 174, 176 to 181, inclusive, 183, 184, 186, 187, 189 to 192, inclusive, 194, 195, 197 to 200, inclusive, and 207 to 233, inclusive, of this act become effective on July 1, 2005.
2. Sections 10, 15, 20, 23, 28, 31, 34, 38, 42, 51, 55, 60, 65, 70, 74, 79, 83, 88, 92, 97, 101, 107, 109, 112, 116, 119, 123, 133, 139, 144, 150, 153, 156, 160, 163, 165, 170, 173, 175, 182, 185, 188, 193, 196 and 201 to 206, inclusive, of this act:
(a) 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:
κ2005 Statutes of Nevada, Page 2819 (CHAPTER 501, SB 163)κ
(1) 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
(2) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States; and
(b) Expire by limitation on the date 2 years after 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:
(1) 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
(2) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
3. Sections 9, 14, 19, 22, 27, 30, 33, 37, 41, 50, 54, 59, 64, 69, 73, 78, 82, 87, 91, 96, 100, 106, 108, 111, 115, 118, 122, 132, 138, 143, 149, 152, 155, 159, 162, 164, 169, 172, 174, 181, 184, 187, 192 and 195 of this act expire by limitation on the date 2 years after 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:
(1) 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
(2) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
4. Sections 44 and 45 of this act expire by limitation on September 30, 2005.
________
Senate Bill No. 174Senator Carlton
CHAPTER 502
AN ACT relating to chiropractic; increasing the number of members of the Chiropractic Physicians Board of Nevada; requiring any person who practices chiropractic and who does not maintain professional liability insurance to provide notice to patients that the person does not maintain such insurance; revising provisions governing disclosure by the Board of certain information related to investigations and disciplinary actions; increasing certain fees that may be charged by the Board; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
κ2005 Statutes of Nevada, Page 2820 (CHAPTER 502, SB 174)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a person practices chiropractic in this State without maintaining professional liability insurance, the person shall:
(a) Post in a conspicuous place in each location at which the person practices chiropractic under his license a written disclosure which discloses to patients that the person does not maintain professional liability insurance; or
(b) Before providing any chiropractic treatment or care to a patient, give the patient a written disclosure which discloses to the patient that the person does not maintain professional liability insurance. The written disclosure may be included with other written information given to the patient.
2. The Board:
(a) Shall adopt regulations prescribing the form, size, contents and placement of the written disclosures required by this section; and
(b) May adopt any other regulations that are necessary to carry out the provisions of this section.
Sec. 2. NRS 634.018 is hereby amended to read as follows:
634.018 Unprofessional conduct means:
1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal abortion.
3. Assuring that a manifestly incurable disease can be permanently cured.
4. Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this subsection, public communication includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter.
5. Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians Board of Nevada.
6. Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.
7. Administering, dispensing or prescribing any controlled substance.
8. Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.
9. Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.
10. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
11. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.
κ2005 Statutes of Nevada, Page 2821 (CHAPTER 502, SB 174)κ
provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.
12. Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
13. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
14. Solicitation by the licensee or his designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been involved in a motor vehicle accident, involved in a work-related accident, or injured by, or as the result of the actions of, another person. As used in this subsection:
(a) Designated agent means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.
(b) Solicitation means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.
15. Employing, directly or indirectly, any person as a chiropractors assistant unless the person has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application.
16. Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:
(a) The medical records of the patient; [and] or
(b) An examination of the patient by the chiropractic physician taking such action.
Sec. 3. NRS 634.020 is hereby amended to read as follows:
634.020 1. The Chiropractic Physicians Board of Nevada, consisting of [six] seven members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who are:
(1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;
(2) Licensed under this chapter; and
(3) Actually engaged in the practice of chiropractic in this State and who have been so engaged in this State for at least 3 years preceding their appointment.
(b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(c) [One member who is a representative] Two members who are representatives of the general public. [This] A member appointed pursuant to this paragraph must not be:
κ2005 Statutes of Nevada, Page 2822 (CHAPTER 502, SB 174)κ
(1) A chiropractor or a chiropractors assistant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a chiropractor or a chiropractors assistant.
3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the Board.
4. If a member is not licensed under the provisions of this chapter, the member shall not participate in preparing any examination required by the Board.
Sec. 3.5. NRS 634.135 is hereby amended to read as follows:
634.135 1. The Board may charge and collect fees not to exceed:
For an application for a license to practice chiropractic........................ $200.00
For an examination for a license to practice chiropractic........................ 200.00
For an application for, and the issuance of, a certificate as a chiropractors assistant...................................................................................................... 100.00
For an examination for a certificate as a chiropractors assistant......... 100.00
For the issuance of a license to practice chiropractic................................ 300.00
For the annual renewal of a license to practice chiropractic... [300.00] 500.00
For the annual renewal of an inactive license to practice chiropractic [100.00] 150.00
For the annual renewal of a certificate as a chiropractors assistant.... [50.00] 100.00
For the restoration to active status of an inactive license to practice chiropractic 300.00
For reinstating a license to practice chiropractic which has been suspended or revoked....................................................................................................... 500.00
For reinstating a certificate as a chiropractors assistant which has been suspended pursuant to NRS 634.130.................................................... 100.00
For a review of any subject on the examination......................................... 25.00
For the issuance of a duplicate license or for changing the name on a license 35.00
For written certification of licensure............................................................... 25.00
For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic............................... 25.00
For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic............................................................... 10.00
For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State.......................... 35.00
κ2005 Statutes of Nevada, Page 2823 (CHAPTER 502, SB 174)κ
For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic................................................................................. $25.00
For each page of a list of continuing education courses that have been approved by the Board................................................................................................ .50
For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges................................................................. 35.00
For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic................ [10.00] 25.00
2. In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for any other service it provides.
3. For a check made payable to the Board that is dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.
Sec. 4. NRS 634.214 is hereby amended to read as follows:
634.214 1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential [.] and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who is licensed pursuant to the provisions of this chapter.
2. The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.
Sec. 5. The Governor shall appoint to the Chiropractic Physicians Board of Nevada the additional representative of the general public required by paragraph (c) of subsection 2 of NRS 634.020, as amended by section 3 of this act, to a term that begins on November 1, 2005, and expires on October 31, 2009.
________
Senate Bill No. 221Senator Cegavske
CHAPTER 503
AN ACT relating to education; designating the name of the association for interscholastic activities; providing for the participation of homeschooled children in certain interscholastic activities and events; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
κ2005 Statutes of Nevada, Page 2824 (CHAPTER 503, SB 221)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 386.420 is hereby amended to read as follows:
386.420 The county school district trustees may form a nonprofit association , to be known as the Nevada Interscholastic Activities Association, composed of all of the school districts of the State for the purposes of controlling, supervising and regulating all interscholastic athletic events and other interscholastic events in the public schools. This section does not prohibit a public school, which is authorized by the [association] Association to do so, from joining an association formed for similar purposes in another state.
Sec. 2. NRS 386.430 is hereby amended to read as follows:
386.430 1. The [association] Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS, as may be necessary to carry out the provisions of NRS 386.420 to 386.470, inclusive. The regulations must include provisions governing the eligibility and participation of homeschooled children in interscholastic activities and events.
2. If the [association] Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the [association] Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The [association] Association shall consider all written and oral submissions respecting the proposal or change before taking final action.
Sec. 3. NRS 386.440 is hereby amended to read as follows:
386.440 The rules and regulations of the [association] Nevada Interscholastic Activities Association adopted pursuant to NRS 386.430 [shall] must provide for adequate review procedures to determine and review disputes arising in regard to the [associations] Associations decisions and activities.
Sec. 4. NRS 386.450 is hereby amended to read as follows:
386.450 The rules and regulations adopted by the [association] Nevada Interscholastic Activities Association must provide for the membership of charter schools, private schools and parochial schools which may elect to join the [association.] Association.
Sec. 5. NRS 386.460 is hereby amended to read as follows:
386.460 If a charter school, private school or parochial school elects to become a member of the [association,] Nevada Interscholastic Activities Association, the school is subject to the same regulations and requirements and is liable for the same fees and charges as other schools within the [association.] Association.
Sec. 6. NRS 386.462 is hereby amended to read as follows:
386.462 1. A homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the [association] Nevada Interscholastic Activities Association pursuant to NRS 386.430.
2. The provisions of NRS 386.420 to 386.470, inclusive, and the regulations adopted pursuant thereto that apply to pupils enrolled in public schools who participate in interscholastic activities and events apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:
κ2005 Statutes of Nevada, Page 2825 (CHAPTER 503, SB 221)κ
schools who participate in interscholastic activities and events apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:
(a) Eligibility and qualifications for participation;
(b) Fees for participation;
(c) Insurance;
(d) Transportation;
(e) Requirements of physical examination;
(f) Responsibilities of participants;
(g) Schedules of events;
(h) Safety and welfare of participants;
(i) Eligibility for awards, trophies and medals;
(j) Conduct of behavior and performance of participants; and
(k) Disciplinary procedures.
Sec. 7. NRS 386.463 is hereby amended to read as follows:
386.463 No challenge may be brought by the [association,] Nevada Interscholastic Activities Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or private school, or any other entity or person claiming that an interscholastic activity or event is invalid because homeschooled children are allowed to participate in the interscholastic activity or event.
Sec. 8. NRS 386.464 is hereby amended to read as follows:
386.464 A school district, public school or private school shall not prescribe any regulations, rules, policies, procedures or requirements governing the:
1. Eligibility of homeschooled children to participate in interscholastic activities and events pursuant to NRS 386.420 to 386.470, inclusive; or
2. Participation of homeschooled children in interscholastic activities and events pursuant to NRS 386.420 to 386.470, inclusive,
Κ that are more restrictive than the provisions governing eligibility and participation prescribed by the [association] Nevada Interscholastic Activities Association pursuant to NRS 386.430.
Sec. 9. NRS 386.465 is hereby amended to read as follows:
386.465 The rules and regulations of the [association] Nevada Interscholastic Activities Association must provide criteria for the approval of requests made by public schools for authorization to join an interscholastic activity association formed in another state.
Sec. 10. NRS 386.470 is hereby amended to read as follows:
386.470 1. Any liability or action against the [association] Nevada Interscholastic Activities Association must be determined in the same manner and with the same limitations and conditions as provided in NRS 41.0305 to 41.039, inclusive. To this extent, the [association] Association shall be deemed a political subdivision of the State.
2. Any liability or action against a public school which is a member of an association for interscholastic activities formed in another state must be determined in the same manner and with the same limitations and conditions as provided in NRS 41.0305 to 41.039, inclusive. To this extent, the public school shall be deemed a political subdivision of the State.
Sec. 11. NRS 392.070 is hereby amended to read as follows:
392.070 1. Attendance required by the provisions of NRS 392.040 must be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the State Board.
κ2005 Statutes of Nevada, Page 2826 (CHAPTER 503, SB 221)κ
of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the State Board.
2. The board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available:
(a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.440 to 388.520, inclusive;
(b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and
(c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.
3. Except as otherwise provided in subsection 2 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or a parent or legal guardian of a homeschooled child, the board of trustees of the school district in which the child resides shall authorize the child to participate in a class that is not available to the child at the private school or home school or to participate in an extracurricular activity, excluding sports, at a public school within the school district if:
(a) Space for the child in the class or extracurricular activity is available; and
(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity.
Κ If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. A homeschooled child must be allowed to participate in interscholastic activities and events governed by an association pursuant to NRS 386.420 to 386.470, inclusive [.] , and interscholastic activities and events, including sports, pursuant to subsection 5.
4. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.
5. In addition to those interscholastic activities and events governed by an association pursuant to NRS 386.420 to 386.470, inclusive, homeschooled children must be allowed to participate in interscholastic activities and events, including sports. A homeschooled child who participates in interscholastic activities and events at a public school pursuant to this subsection must participate within the school district of the childs residence through the public school which the child is otherwise zoned to attend.
κ2005 Statutes of Nevada, Page 2827 (CHAPTER 503, SB 221)κ
pursuant to this subsection must participate within the school district of the childs residence through the public school which the child is otherwise zoned to attend. Any rules or regulations that apply to pupils enrolled in public schools who participate in interscholastic activities and events, including sports, apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:
(a) Eligibility and qualifications for participation;
(b) Fees for participation;
(c) Insurance;
(d) Transportation;
(e) Requirements of physical examination;
(f) Responsibilities of participants;
(g) Schedules of events;
(h) Safety and welfare of participants;
(i) Eligibility for awards, trophies and medals;
(j) Conduct of behavior and performance of participants; and
(k) Disciplinary procedures.
6. If a homeschooled child participates in interscholastic activities and events pursuant to subsection 5:
(a) No challenge may be brought by an association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or a private school, or any other entity or person claiming that an interscholastic activity or event is invalid because the homeschooled child is allowed to participate.
(b) Neither the school district or a public school may prescribe any regulations, rules, policies, procedures or requirements governing the eligibility or participation of the homeschooled child that are more restrictive than the provisions governing the eligibility and participation of pupils enrolled in public schools.
7. The programs of special education and related services required by subsection 2 may be offered at a public school or another location that is appropriate.
[6.] 8. The Department may adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 2.
[7.] 9. As used in this section, related services has the meaning ascribed to it in 20 U.S.C. § 1401(22).
Sec. 12. This act becomes effective upon passage and approval.
________
Senate Bill No. 224Senator Townsend
Joint Sponsor: Assemblywoman Gansert
CHAPTER 504
AN ACT relating to elections; revising the provision governing eligibility to sign a petition required under the election laws of this State; revising the provision governing the designation of an area at a public building for the gathering of signatures on a petition; requiring nonprofit corporations to submit the names, telephone numbers and addresses of their officers to the Secretary of State under certain circumstances; requiring certain persons or groups of persons initiating or circulating a petition for a constitutional amendment or a petition for a statewide measure proposed by initiative or referendum to submit reports to the Secretary of State on campaign contributions and expenditures and expenses; requiring a petition for initiative or referendum to embrace a single subject; providing that the subject of a petition for initiative or referendum must be indicated in the title; requiring a petition for initiative or referendum to have a description of the effect of the initiative or referendum if approved by the voters; requiring the Secretary of State to obtain under certain circumstances a fiscal note from the Fiscal Analysis Division of the Legislative Counsel Bureau; requiring the Secretary of State to post a copy of the initiative petition, the description of the effect if the initiative is approved by the voters and any fiscal note on his Internet website; requiring a challenge to the description of the effect of an initiative to be filed not later than 7 days after the petition is certified as sufficient by the Secretary of State; revising the provisions relating to a petition for initiative or referendum by registered voters of a city or county; providing for the appeal of certain final decisions relating to a petition for an initiative or referendum by filing a complaint in court; and providing other matters properly relating thereto.
κ2005 Statutes of Nevada, Page 2828 (CHAPTER 504, SB 224)κ
nonprofit corporations to submit the names, telephone numbers and addresses of their officers to the Secretary of State under certain circumstances; requiring certain persons or groups of persons initiating or circulating a petition for a constitutional amendment or a petition for a statewide measure proposed by initiative or referendum to submit reports to the Secretary of State on campaign contributions and expenditures and expenses; requiring a petition for initiative or referendum to embrace a single subject; providing that the subject of a petition for initiative or referendum must be indicated in the title; requiring a petition for initiative or referendum to have a description of the effect of the initiative or referendum if approved by the voters; requiring the Secretary of State to obtain under certain circumstances a fiscal note from the Fiscal Analysis Division of the Legislative Counsel Bureau; requiring the Secretary of State to post a copy of the initiative petition, the description of the effect if the initiative is approved by the voters and any fiscal note on his Internet website; requiring a challenge to the description of the effect of an initiative to be filed not later than 7 days after the petition is certified as sufficient by the Secretary of State; revising the provisions relating to a petition for initiative or referendum by registered voters of a city or county; providing for the appeal of certain final decisions relating to a petition for an initiative or referendum by filing a complaint in court; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.127565 is hereby amended to read as follows:
293.127565 1. At each building that is open to the general public and occupied by the government of this State or a political subdivision of this State or an agency thereof, other than a building of a public elementary or secondary school, an area must be [made available] designated for the use of any person to gather signatures on a petition at any time that the building is open to the public. The area must be reasonable and may be inside or outside of the building. Each public officer or employee in control of the operation of a building governed by this subsection shall [designate and approve the area required by this subsection for the building.] :
(a) Designate the area at the building for the gathering of signatures; and
(b) On an annual basis, submit to the Secretary of State and the county clerk for the county in which the building is located a notice of the area at the building designated for the gathering of signatures on a petition. The Secretary of State and the county clerks shall make available to the public a list of the areas at public buildings designated for the gathering of signatures on a petition.
2. Before a person may use an area designated pursuant to subsection 1, the person must notify the public officer or employee in control of the operation of the building governed by subsection 1 of the dates and times that the person intends to use the area to gather signatures on a petition. The public officer or employee may not deny the person the use of the area.
κ2005 Statutes of Nevada, Page 2829 (CHAPTER 504, SB 224)κ
3. [A] Not later than 3 working days after the date of the decision that aggrieved the person, a person aggrieved by a decision made by a public officer or employee pursuant to subsection 1 or 2 may appeal the decision to the Secretary of State. The Secretary of State shall review the decision to determine whether the public officer or employee [designated a reasonable area as required by] violated subsection 1 [.
4. The] or 2. If the Secretary of State determines a public officer or employee violated subsection 1 or 2, the Secretary of State shall order that the deadline for filing the petition provided pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 be extended for a period equal to the time that the person was denied the use of a public building for the purpose of gathering signatures on a petition.
4. The decision of the Secretary of State is a final decision for the purposes of judicial review. Not later than 7 days after the date of the decision by the Secretary of State, the decision of the Secretary of State may only be appealed in the First Judicial District Court. If the First Judicial District Court determines that the public officer or employee violated subsection 1 or 2 and that a person was denied the use of a public building for the purpose of gathering signatures on a petition, the Court shall order that the deadline for filing the petition provided pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be extended for a period equal to the time that the person was denied the use of a public building for the purpose of gathering signatures on a petition.
5. The Secretary of State may adopt regulations to carry out the provisions of subsection 3.
Sec. 2. NRS 293.12757 is hereby amended to read as follows:
293.12757 A person may sign a petition required under the election laws of this State on or after the date he is deemed to be registered to vote pursuant to subsection 5 of NRS 293.517 or subsection [5] 7 of NRS 293.5235.
Sec. 2.5. NRS 293.5235 is hereby amended to read as follows:
293.5235 1. Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters register.
2. An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3. The applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection [9] 10 and signing the application.
4. The county clerk shall, upon receipt of an application, determine whether the application is complete.
5. If he determines that the application is complete, he shall, within 10 days after he receives the application, mail to the applicant:
κ2005 Statutes of Nevada, Page 2830 (CHAPTER 504, SB 224)κ
(a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) A notice informing him that the registrar of voters register has been corrected to reflect any changes indicated on the application.
[Κ The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked or personally delivered.]
6. Except as otherwise provided in subsection 5 of NRS 293.518, if the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail to the applicant:
(a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) A notice informing him that the registrar of voters register has been corrected to reflect any changes indicated on the application.
Κ [The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked or personally delivered.] If the applicant does not provide the additional information within the prescribed period, the application is void.
7. The applicant shall be deemed to be registered or to have corrected the information in the register:
(a) If the application is received by the county clerk or postmarked not more than 3 working days after the applicant completed the application, on the date the applicant completed the application; or
(b) If the application is received by the county clerk or postmarked more than 3 working days after the applicant completed the application, on the date the application is received by the county clerk.
8. If the applicant fails to check the box described in paragraph (b) of subsection [9,] 10, the application shall not be considered invalid and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at his assigned polling place.
[8.] 9. The Secretary of State shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this State.
[9.] 10. The application to register to vote by mail must include:
(a) A notice in at least 10-point type which states:
NOTICE: You are urged to return your application to register to vote to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be registered to vote. Please retain the duplicate copy or receipt from your application to register to vote.
(b) The question, Are you a citizen of the United States? and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.
κ2005 Statutes of Nevada, Page 2831 (CHAPTER 504, SB 224)κ
(c) The question, Will you be at least 18 years of age on or before election day? and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.
(d) A statement instructing the applicant not to complete the application if the applicant checked no in response to the question set forth in paragraph (b) or (c).
(e) A statement informing the applicant that if the application is submitted by mail and the applicant is registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.
[10.] 11. Except as otherwise provided in subsection 5 of NRS 293.518, the county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
[11.] 12. The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the persons current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.
[12.] 13. A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.
[13.] 14. An application to register to vote must be made available to all persons, regardless of political party affiliation.
[14.] 15. An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.
[15.] 16. A person who willfully violates any of the provisions of subsection [12, 13 or] 13, 14 or 15 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
[16.] 17. The Secretary of State shall adopt regulations to carry out the provisions of this section.
Secs. 3 and 4. (Deleted by amendment.)
Sec. 5. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A nonprofit corporation shall, before it engages in any of the following activities in this State, submit the names, addresses and telephone numbers of its officers to the Secretary of State:
(a) Soliciting or receiving contributions from any other person, group or entity;
(b) Making contributions to candidates or other persons; or
(c) Making expenditures,
Κ designed to affect the outcome of any primary, general or special election or question on the ballot.
2. The Secretary of State shall include on his Internet website the information submitted pursuant to subsection 1.
κ2005 Statutes of Nevada, Page 2832 (CHAPTER 504, SB 224)κ
Secs. 6-11. (Deleted by amendment.)
Sec. 12. NRS 294A.150 is hereby amended to read as follows:
294A.150 1. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $100 received during that period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury. The provisions of this subsection apply to the person or group of persons:
(a) Each year in which an election or city election is held for each question for which the person or group advocates passage or defeat [;] or each year in which a person or group receives or expends money in excess of $10,000 to support the initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum; and
(b) The year after each year described in paragraph (a).
2. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:
(a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;
(b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and
(c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through June 30 of that year,
Κ report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury.
κ2005 Statutes of Nevada, Page 2833 (CHAPTER 504, SB 224)κ
designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury.
3. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.
4. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. Every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:
(a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and
(b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,
Κ report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.
5. Except as otherwise provided in subsection 6, every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:
(a) Seven days before the special election, for the period from the date that the question qualified for the ballot through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election,
Κ report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373.
κ2005 Statutes of Nevada, Page 2834 (CHAPTER 504, SB 224)κ
The form must be signed by the person or a representative of the group under penalty of perjury.
6. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall report each of the contributions received on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
7. The reports required pursuant to this section must be filed with:
(a) If the question is submitted to the voters of one county, the county clerk of that county;
(b) If the question is submitted to the voters of one city, the city clerk of that city; or
(c) If the question is submitted to the voters of more than one county or city, the Secretary of State.
8. A person may mail or transmit his report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
9. If the person or group of persons is advocating passage or defeat of a group of questions [,] or is receiving or expending money to support a group of petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum, the reports must be itemized by question [.] or petition.
10. Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.
Sec. 13. NRS 294A.220 is hereby amended to read as follows:
294A.220 1. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373.
κ2005 Statutes of Nevada, Page 2835 (CHAPTER 504, SB 224)κ
period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury. The provisions of this subsection apply to the person or group of persons:
(a) Each year in which an election or city election is held for a question for which the person or group advocates passage or defeat [;] or each year in which a person or group of persons receives or expends money in excess of $10,000 to support the initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum; and
(b) The year after each year described in paragraph (a).
2. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:
(a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;
(b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and
(c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through the June 30 immediately preceding that July 15,
Κ report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury.
3. If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection.
κ2005 Statutes of Nevada, Page 2836 (CHAPTER 504, SB 224)κ
question shall comply with the requirements of this subsection. Every person or group of persons who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall comply with the requirements of this subsection. A person or group of persons described in this subsection shall, not later than:
(a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and
(b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,
Κ report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.
4. Except as otherwise provided in subsection 5, every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:
(a) Seven days before the special election, for the period from the date the question qualified for the ballot through 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period through the special election,
Κ report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group under penalty of perjury.
5. Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group under penalty of perjury, 30 days after:
(a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or
(b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts decision.
6. Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.
κ2005 Statutes of Nevada, Page 2837 (CHAPTER 504, SB 224)κ
television and radio broadcasting or other production of the media, must be included in the report.
7. The reports required pursuant to this section must be filed with:
(a) If the question is submitted to the voters of one county, the county clerk of that county;
(b) If the question is submitted to the voters of one city, the city clerk of that city; or
(c) If the question is submitted to the voters of more than one county or city, the Secretary of State.
8. If an expenditure is made on behalf of a group of questions [,] or a group of petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum, the reports must be itemized by question [.] or petition. A person may mail or transmit his report to the appropriate filing officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the filing officer:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On the date that it was received by the filing officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
9. Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.
Sec. 14. NRS 294A.230 is hereby amended to read as follows:
294A.230 1. Each committee for political action shall, before it engages in any activity in this State, register with the Secretary of State on forms supplied by him.
2. The form must require:
(a) The name of the committee;
(b) The purpose for which it was organized;
(c) The names , [and] addresses and telephone numbers of its officers;
(d) If the committee for political action is affiliated with any other organizations, the name , [and] address and telephone number of each organization;
(e) The name , [and] address and telephone number of its resident agent; and
(f) Any other information deemed necessary by the Secretary of State.
3. A committee for political action shall file with the Secretary of State an amended form for registration within 30 days after any change in the information contained in the form for registration.
4. The Secretary of State shall include on his Internet website the information required pursuant to subsection 2.
Secs. 15-19. (Deleted by amendment.)
Sec. 20. Chapter 295 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each petition for initiative or referendum must:
(a) Embrace but one subject and matters necessarily connected therewith and pertaining thereto; and
(b) Set forth, in not more than 200 words, a description of the effect of the initiative or referendum if the initiative or referendum is approved by the voters.
κ2005 Statutes of Nevada, Page 2838 (CHAPTER 504, SB 224)κ
the voters. The description must appear on each signature page of the petition.
2. For the purposes of paragraph (a) of subsection 1, a petition for initiative or referendum embraces but one subject and matters necessarily connected therewith and pertaining thereto, if the parts of the proposed initiative or referendum are functionally related and germane to each other in a way that provides sufficient notice of the general subject of, and of the interests likely to be affected by, the proposed initiative or referendum.
Secs. 21 and 22. (Deleted by amendment.)
Sec. 23. NRS 295.015 is hereby amended to read as follows:
295.015 [A copy of]
1. Before a petition for initiative [must be placed on file in the Office of the Secretary of State before it] or referendum may be presented to the registered voters for their signatures [.] , a copy of the petition for initiative or referendum, including the description required pursuant to section 20 of this act, must be placed on file with the Secretary of State.
2. Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1, the Secretary of State shall consult with the Fiscal Analysis Division of the Legislative Counsel Bureau to determine if the initiative or referendum may have any anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters. If the Fiscal Analysis Division determines that the initiative or referendum may have an anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters, the Division must prepare a fiscal note that includes an explanation of any such effect.
3. Not later than 10 business days after the Secretary of State receives a petition for initiative or referendum filed pursuant to subsection 1, the Secretary of State shall post a copy of the petition, including the description required pursuant to section 20 of this act and any fiscal note prepared pursuant to subsection 2, on his Internet website.
Sec. 24. NRS 295.045 is hereby amended to read as follows:
295.045 1. [A copy of a petition for referendum must be placed on file in the Office of the Secretary of State before it may be presented to the registered voters for their signatures.
2.] A petition for referendum must be filed with the Secretary of State not less than 120 days before the date of the next succeeding general election.
[3.] 2. The Secretary of State shall certify the questions to the county clerks, and they shall publish them in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
[4.] 3. The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved?
[5.] 4. Where a mechanical voting system is used, the title of the statute must appear on the list of offices and candidates and the statements of measures to be voted on and may be condensed to no more than 25 words.
[6.] 5. The votes cast upon the question must be counted and canvassed as the votes for state officers are counted and canvassed.
κ2005 Statutes of Nevada, Page 2839 (CHAPTER 504, SB 224)κ
Sec. 25. NRS 295.061 is hereby amended to read as follows:
295.061 1. The description of the effect of an initiative or referendum required pursuant to section 20 of this act may be challenged by filing a complaint in the First Judicial District Court not later than 30 days, Saturdays, Sundays and holidays excluded, after a copy of the petition is initially placed on file with the Secretary of State pursuant to NRS 295.015. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all criminal proceedings.
2. The legal sufficiency of a petition [filed pursuant to NRS 295.015 to 295.061, inclusive,] for initiative or referendum may be challenged by filing a complaint in district court not later than [5] 7 days, Saturdays, Sundays and holidays excluded, after the petition is [filed with] certified as sufficient by the Secretary of State. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.
Sec. 26. NRS 295.085 is hereby amended to read as follows:
295.085 The registered voters of a county may:
1. Propose ordinances to the board and, if the board fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at a [primary or] general election.
2. Require reconsideration by the board of any adopted ordinance and, if the board fails to repeal an ordinance so reconsidered, to approve or reject it at a [primary or] general election.
Sec. 27. (Deleted by amendment.)
Sec. 28. NRS 295.105 is hereby amended to read as follows:
295.105 1. Within 20 days after the petition is submitted to the county clerk pursuant to NRS 295.095, the county clerk shall complete a certificate as to its sufficiency.
2. If a petition is certified sufficient, or if a petition is certified insufficient and the petitioners committee does not elect to request board review under subsection 3 within the time required, the county clerk shall promptly present his certificate to the board and the certificate is a final determination as to the sufficiency of the petition.
3. If a petition has been certified insufficient, the committee may, within 2 days after receiving a copy of the certificate, file a request that it be reviewed by the board. The board shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the determination of the board is a final determination as to the sufficiency of the petition.
4. A final determination as to the sufficiency of a petition is subject to judicial review. If the final determination is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings. A final determination of insufficiency, even if sustained upon judicial review, does not prejudice the filing of a new petition for the same purpose.
κ2005 Statutes of Nevada, Page 2840 (CHAPTER 504, SB 224)κ
Sec. 29. NRS 295.115 is hereby amended to read as follows:
295.115 1. When an initiative or referendum petition has been finally determined sufficient, the board shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If, within 30 days after the date the petition was finally determined sufficient, the board fails to adopt the proposed initiative ordinance without any change in substance or fails to repeal the referred ordinance, the board shall submit the proposed or referred ordinance to the registered voters of the county.
2. The vote of the county on the proposed or referred ordinance must be held at the next [primary or] general election. Copies of the proposed or referred ordinance must be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any time before the 30th day preceding the day scheduled for a vote of the county or the deadline for placing questions on the ballot, whichever is earlier, by filing with the county clerk a request for withdrawal signed by at least four members of the petitioners original committee. Upon the filing of that request, the petition has no further effect and all proceedings thereon must be terminated.
Sec. 30. NRS 295.121 is hereby amended to read as follows:
295.121 1. In a county whose population is 40,000 or more, for each initiative, referendum or other question to be placed on the ballot by:
(a) The board, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160;
(b) The governing body of a school district, public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the county; or
(c) A metropolitan police committee on fiscal affairs authorized by law to submit questions to some or all of the qualified electors or registered voters of the county,
Κ the board shall, in consultation with the county clerk pursuant to subsection 5, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection 5, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
κ2005 Statutes of Nevada, Page 2841 (CHAPTER 504, SB 224)κ
4. The county clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The county clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the board appoints a committee pursuant to this section, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
6. If the board of a county whose population is 40,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall [appoint the committee.] , in consultation with the district attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the county clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the county clerk pursuant to subsection 8. The county clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.
7. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The fiscal impact of the initiative, referendum or other question;
(2) The environmental impact of the initiative, referendum or other question; and
(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 8.
8. The county clerk of a county whose population is 40,000 or more shall provide, by rule or regulation:
κ2005 Statutes of Nevada, Page 2842 (CHAPTER 504, SB 224)κ
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
9. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Κ Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review. If the decision of the district attorney is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.
10. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
11. In a county whose population is less than 40,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 8.
12. Except as otherwise provided in this subsection, if a question is to be placed on the ballot by an entity described in paragraph (b) or (c) of subsection 1, the entity must provide a copy and explanation of the question to the county clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the county clerk is governed by subsection 2 of NRS 293.481.
13. The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.
Sec. 31. NRS 295.140 is hereby amended to read as follows:
295.140 1. Whenever 10 percent or more of the registered voters of any county of this State, as shown by the number of registered voters who voted at the last preceding general election, express their wish that any act or resolution enacted by the Legislature, and pertaining to that county only, be submitted to the vote of the people, they shall submit to the county clerk a petition, which must contain the names and residence addresses of at least 10 percent of the registered voters of that county, demanding that a referendum vote be had by the people of the county at the next [primary or] general election upon the act or resolution on which the referendum is demanded.
κ2005 Statutes of Nevada, Page 2843 (CHAPTER 504, SB 224)κ
percent of the registered voters of that county, demanding that a referendum vote be had by the people of the county at the next [primary or] general election upon the act or resolution on which the referendum is demanded.
2. A petition must be submitted to the county clerk for verification, pursuant to NRS 295.250 to 295.290, inclusive, not later than 130 days before the time set for the next succeeding general election.
3. A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. Each document must contain, or have attached thereto throughout its circulation, the full text of the act or resolution on which the referendum is demanded.
4. Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
(d) That he believes them to be genuine signatures of the persons whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the full text of the act or resolution on which the referendum is demanded.
5. The county clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:
(a) Documents included in the petition;
(b) Pages in each document; and
(c) Signatures that the person declares are included in the petition.
6. Within 20 days after a petition is submitted, the county clerk shall complete a certificate as to its sufficiency. Unless a request for review is filed pursuant to subsection 7, the certificate is a final determination as to the sufficiency of the petition.
7. If a petition is certified insufficient, the person who submitted the petition may, within 2 days after receiving a copy of the certificate, file a request that it be reviewed by the board of county commissioners. The board shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the determination of the board is a final determination as to the sufficiency of the petition.
8. A final determination as to the sufficiency of a petition is subject to judicial review. If the final determination is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings. A final determination of insufficiency, even if sustained upon judicial review, does not prejudice the filing of a new petition for the same purpose.
Sec. 32. NRS 295.160 is hereby amended to read as follows:
295.160 1. If the petition is determined to be sufficient, the county clerk shall, at the next [primary or] general election, submit the act or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of that county.
κ2005 Statutes of Nevada, Page 2844 (CHAPTER 504, SB 224)κ
2. The county clerk shall publish those questions in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
Sec. 33. NRS 295.200 is hereby amended to read as follows:
295.200 The registered voters of a city may:
1. Propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, adopt or reject it at the next [primary or] general city election or [primary or] general election.
2. Require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, approve or reject it at the next [primary or] general city election or [primary or] general election.
Sec. 34. (Deleted by amendment.)
Sec. 35. NRS 295.210 is hereby amended to read as follows:
295.210 1. Within 20 days after the petition is submitted to the city clerk pursuant to NRS 295.205, the city clerk shall complete a certificate as to its sufficiency.
2. If a petition is certified sufficient, or if a petition is certified insufficient and the petitioners committee does not elect to request council review under subsection 3 within the time required, the city clerk must promptly present his certificate to the council and the certificate is a final determination as to the sufficiency of the petition.
3. If a petition has been certified insufficient, the committee may, within 2 days after receiving the copy of the certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the councils determination is a final determination as to the sufficiency of the petition.
4. A final determination as to the sufficiency of a petition is subject to judicial review. If the final determination is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings. A final determination of insufficiency, even if sustained upon judicial review, does not prejudice the filing of a new petition for the same purpose.
Sec. 36. NRS 295.215 is hereby amended to read as follows:
295.215 1. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If, within 30 days after the date the petition was finally determined sufficient, the council fails to adopt the proposed initiative ordinance without any change in substance or fails to repeal the referred ordinance, the council shall submit the proposed or referred ordinance to the registered voters of the city.
2. The vote of the city on the proposed or referred ordinance must be held at the next [primary or] general city election [or primary] or general election. Copies of the proposed or referred ordinance must be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any time before the 30th day preceding the day scheduled for a vote of the city or the deadline for placing questions on the ballot, whichever is earlier, by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners original committee.
κ2005 Statutes of Nevada, Page 2845 (CHAPTER 504, SB 224)κ
with the city clerk a request for withdrawal signed by at least four members of the petitioners original committee. Upon the filing of that request, the petition has no further effect and all proceedings thereon must be terminated.
Sec. 37. NRS 295.217 is hereby amended to read as follows:
295.217 1. In a city whose population is 10,000 or more, for each initiative, referendum or other question to be placed on the ballot by the:
(a) Council, including, without limitation, pursuant to NRS 293.482 or 295.215; or
(b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,
Κ the council shall, in consultation pursuant to subsection 5 with the city clerk or other city officer authorized to perform the duties of the city clerk, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 6.
5. Before the council appoints a committee pursuant to this section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
6. If the council of a city whose population is 10,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall [appoint the committee.]
κ2005 Statutes of Nevada, Page 2846 (CHAPTER 504, SB 224)κ
[appoint the committee.] , in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8. The city clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.
7. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The fiscal impact of the initiative, referendum or other question;
(2) The environmental impact of the initiative, referendum or other question; and
(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 8.
8. The city clerk of a city whose population is 10,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
9. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Κ Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney or other city officer appointed to hear the appeal by the city council. The city attorney or other city officer appointed to hear the appeal shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney or other city officer appointed to hear the appeal shall issue his decision rejecting or accepting the statement. The decision of the city attorney or other city officer appointed to hear the appeal is a final decision for the purposes of judicial review.
κ2005 Statutes of Nevada, Page 2847 (CHAPTER 504, SB 224)κ
review. If the decision of the city attorney or other city officer appointed to hear the appeal is challenged by filing a complaint in district court, the court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.
10. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
11. In a city whose population is less than 10,000:
(a) The council may appoint committees pursuant to this section.
(b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 8.
12. If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 2 of NRS 293.481.
________
Senate Bill No. 290Senator Coffin
CHAPTER 505
AN ACT relating to motor vehicles; authorizing certain Legislators appointed to serve on the Commission on Special License Plates to designate alternates; revising the provisions governing the issuance of special license plates; revising certain provisions governing special license plates in support of veterans homes; removing the limitation on the issuance of special license plates to commemorate the 100th anniversary of the founding of Las Vegas; revising the provisions governing the distribution of certain fees collected for the issuance or renewal of those special plates; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.367004 is hereby amended to read as follows:
482.367004 1. There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:
(a) Five Legislators appointed by the Legislative Commission [, one] :
(1) One of whom is [:
κ2005 Statutes of Nevada, Page 2848 (CHAPTER 505, SB 290)κ
(1) The] the Legislator who served as the Chairman of the Assembly Standing Committee on Transportation during the most recent legislative session . [; and] That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.
(2) One of whom is the Legislator who served as the Chairman of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.
(b) Three nonvoting members consisting of:
(1) The Director of the Department of Motor Vehicles, or his designee.
(2) The Director of the Department of Public Safety, or his designee.
(3) The Director of the Department of Cultural Affairs, or his designee.
2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.
3. Members of the Commission serve without salary or compensation for their travel or per diem expenses.
4. The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.
5. The Commission shall approve or disapprove:
(a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002; and
(b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002.
Κ In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate.
Sec. 2. NRS 482.367008 is hereby amended to read as follows:
482.367008 1. As used in this section, special license plate means:
(a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section; [and]
(b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.379185, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.37938 or 482.37945 [.] ; and
(c) A license plate that:
(1) Is approved by the Legislature after July 1, 2005; and
(2) Differs substantially in design from the license plates that are described in subsection 1 of NRS 482.270.
2. Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than 25 separate designs of special license plates.
κ2005 Statutes of Nevada, Page 2849 (CHAPTER 505, SB 290)κ
special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 25, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Commission on Special License Plates pursuant to subsection 5 of NRS 482.367002, not to exceed a total of 25 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval.
3. Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:
(a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and
(b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.
4. Except as otherwise provided in subsection 6, if, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or
(b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,
Κ the Director shall provide notice of that fact in the manner described in subsection 5.
5. The notice required pursuant to subsection 4 must be provided:
(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.
(b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.
6. If, on December 31 of the same year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or
(b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,
Κ the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.
κ2005 Statutes of Nevada, Page 2850 (CHAPTER 505, SB 290)κ
Sec. 3. NRS 482.36705 is hereby amended to read as follows:
482.36705 1. If a new special license plate is authorized by an act of the Legislature after January 1, 2003, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.
2. In addition to the requirements set forth in subsection 1, if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.
Sec. 4. NRS 482.3763 is hereby amended to read as follows:
482.3763 1. The Director shall order the preparation of special license plates in support of veterans homes, and establish procedures for the application for and issuance of the plates.
2. The Department shall, upon application therefor and payment of the prescribed fees, issue special license plates in support of veterans homes to [any] :
(a) A veteran of the [Armed Forces] Army, Navy, Air Force, Marine Corps or Coast Guard of the United States , a reserve component thereof or [his] the National Guard; or
(b) The spouse, parent or child [.] of a person described in paragraph (a).
Κ The plates must be inscribed with the word VETERAN [and four consecutive numbers,] and with the seal of the branch of the Armed Forces of the United States or the seal of the National Guard, as applicable, requested by the applicant. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates in support of veterans homes if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates in support of veterans homes pursuant to subsection 4.
3. If , during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, [he shall retain] the holder shall:
(a) Retain the plates and [:
(a) Affix] affix them to another vehicle which meets the requirements of this section [and report the change to the Department in accordance with the procedure set forth for other transfers;] if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
4. In addition to all other applicable registration and license fees and governmental services taxes, and to the special fee for veterans homes, the fee for:
(a) The initial issuance of the special license plates is $35.
(b) The annual renewal sticker is $10.
5. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $10.
κ2005 Statutes of Nevada, Page 2851 (CHAPTER 505, SB 290)κ
Sec. 5. NRS 482.37903 is hereby amended to read as follows:
482.37903 1. Except as otherwise provided in this subsection , [and subsection 7,] the Department, in cooperation with the Board of Museums and History of the Department of Cultural Affairs, shall design, prepare and issue license plates which commemorate the 100th anniversary of the founding of the City of Las Vegas, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the commemorative license plates unless it receives at least 250 applications for the issuance of those plates.
2. [Except as otherwise provided in subsection 7, if] If the Department receives at least 250 applications for the issuance of the commemorative license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.
3. The fee for the commemorative license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. [Except as otherwise provided in this subsection, in] In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of the commemorative license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5. [The additional fees required pursuant to this subsection must not be charged after December 31, 2005.]
5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. [For the duration of the collection of such fees, the] The State Treasurer shall, on a quarterly basis, distribute the fees to the City Treasurer of the City of Las Vegas to be used to pay for:
(a) A celebration of the 100th anniversary of the founding of the City of Las Vegas to be held in 2005; and
(b) Projects relating to the commemoration of the history of the City of Las Vegas, including, without limitation, historical markers, tours of historic sites and improvements to or restoration of historic buildings or structures.
6. If, during a registration year, the holder of the commemorative license plates disposes of the vehicle to which the commemorative license plates are affixed, the holder shall:
(a) Retain the commemorative license plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the commemorative license plates from the vehicle, return them to the Department.
[7. The Department shall not issue:
(a) The commemorative license plates after December 31, 2005.
(b) Replacement license plates for those license plates after December 31, 2010.]
κ2005 Statutes of Nevada, Page 2852 (CHAPTER 505, SB 290)κ
Sec. 6. NRS 482.37903 is hereby amended to read as follows:
482.37903 1. Except as otherwise provided in this subsection, the Department, in cooperation with the Board of Museums and History of the Department of Cultural Affairs, shall design, prepare and issue license plates which commemorate the 100th anniversary of the founding of the City of Las Vegas, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the commemorative license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the Department receives at least 250 applications for the issuance of the commemorative license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.
3. The fee for the commemorative license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of the commemorative license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.
5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees to the City Treasurer of the City of Las Vegas to be used to pay for [:
(a) A celebration of the 100th anniversary of the founding of the City of Las Vegas to be held in 2005; and
(b) Projects] projects relating to the commemoration of the history of the City of Las Vegas, including, without limitation, historical markers, tours of historic sites and improvements to or restoration of historic buildings or structures.
6. If, during a registration year, the holder of the commemorative license plates disposes of the vehicle to which the commemorative license plates are affixed, the holder shall:
(a) Retain the commemorative license plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the commemorative license plates from the vehicle, return them to the Department.
Sec. 7. 1. This section and sections 4 and 5 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective on July 1, 2005.
3. Section 6 of this act becomes effective on January 1, 2007.
________
κ2005 Statutes of Nevada, Page 2853κ
Senate Bill No. 333Committee on Commerce and Labor
CHAPTER 506
AN ACT relating to professions; providing for the licensure of student instructors; revising provisions governing demonstrators of cosmetics; revising provisions governing licensure of certain instructors regulated by the Board; revising and repealing various provisions governing the regulation of cosmetological establishments and schools of cosmetology; authorizing operators of cosmetological establishments to lease space to other professionals; revising the requirements for a surety bond for certain schools of cosmetology; authorizing schools of cosmetology to offer courses or programs relating to massage therapy and providing for the regulation of such courses or programs by the Board; revising the number of classroom hours required of certain cosmetological students; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall grant a license as a student instructor to a person who:
(a) Has successfully completed the 12th grade in school or its equivalent and submits written verification of the completion of his education;
(b) Is enrolled in a program to prepare student instructors in a school of cosmetology if:
(1) The program is certified by the Board; and
(2) The program requires that the student instructor is supervised by an instructor who is licensed;
(c) Is licensed pursuant to this chapter;
(d) Applies for a license as a student instructor on a form provided by the Board;
(e) Submits two current photographs of himself; and
(f) Has paid the fee established pursuant to subsection 2.
2. The Board shall establish and collect a fee of not less than $25 or more than $40 for the issuance of a license as a student instructor.
3. A person issued a license as a student instructor pursuant to this section:
(a) Must be supervised by an instructor who is licensed; and
(b) May act as an instructor for compensation and work experience credit while accumulating the number of hours of training required for an instructors license.
4. A license as a student instructor expires upon accumulation by the licensee of the number of hours of training required for an instructors license or after full-time employment as a student instructor for 1 year, whichever occurs later. The Board may grant an extension of not more than 45 days to those student instructor licensees who have applied to the Board for examination as instructors and are awaiting examination.
κ2005 Statutes of Nevada, Page 2854 (CHAPTER 506, SB 333)κ
than 45 days to those student instructor licensees who have applied to the Board for examination as instructors and are awaiting examination.
Sec. 2. NRS 644.0245 is hereby amended to read as follows:
644.0245 Demonstrator of cosmetics means a person who [, without charge and without advertising his services,] demonstrates the application of cosmetics in a cosmetological establishment for the sole purpose of selling cosmetics.
Sec. 3. NRS 644.193 is hereby amended to read as follows:
644.193 1. The Board may grant a provisional license as an instructor to a person who:
(a) Has successfully completed the 12th grade in school or its equivalent and submits written verification of the completion of his education;
(b) Has practiced as a full-time licensed cosmetologist, aesthetician or manicurist for 1 year and submits written verification of his experience;
(c) Is licensed pursuant to this chapter;
(d) Applies for a provisional license on a form supplied by the Board;
(e) Submits two current photographs of himself; and
(f) Has paid the fee established pursuant to subsection 2.
2. The Board shall establish and collect a fee of not less than $25 nor more than $40 for the issuance of a provisional license as an instructor.
3. A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructors license.
4. A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructors license [.] or 1 year from the date of issuance, whichever occurs first. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.
Sec. 4. NRS 644.195 is hereby amended to read as follows:
644.195 1. Each instructor must:
(a) Be licensed as a cosmetologist pursuant to this chapter.
(b) Have successfully completed the 12th grade in school or its equivalent.
(c) Have 1 year of experience as a cosmetologist [.] or as a licensed student instructor.
(d) Have completed 1,000 hours of training as an instructor or 500 hours of training as a provisional instructor in a school of cosmetology.
(e) Except as otherwise provided in subsection 2, take one or more courses in advanced techniques for teaching or training, approved by the Board, whose combined duration is at least 30 hours during each 2-year period.
2. The provisions of paragraph (e) of subsection 1 do not apply to an instructor who is initially licensed not more than 6 months before the renewal date of the license. An instructor who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in paragraph (e) whose combined duration is at least 15 hours during each 2-year period.
3. Each instructor shall pay an initial fee for a license of not less than $40 and not more than $60.
κ2005 Statutes of Nevada, Page 2855 (CHAPTER 506, SB 333)κ
Sec. 5. NRS 644.1955 is hereby amended to read as follows:
644.1955 1. The Board shall admit to examination for a license as an instructor of aestheticians any person who has applied to the Board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 800 hours of training as an instructor or 400 hours of training as a provisional instructor in a licensed school of cosmetology;
(e) Is licensed as an aesthetician pursuant to this chapter; and
(f) Has practiced as a full-time licensed aesthetician or as a licensed student instructor for 1 year.
2. Except as otherwise provided in subsection 3, an instructor of aestheticians shall complete at least 30 hours of advanced training in a course approved by the Board during each 2-year period of his license.
3. The provisions of subsection 2 do not apply to an instructor of aestheticians who is initially licensed not more than 6 months before the renewal date of the license. An instructor of aestheticians who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in subsection 2 whose combined duration is at least 15 hours during each 2-year period.
Sec. 6. NRS 644.197 is hereby amended to read as follows:
644.197 1. The Board shall admit to examination for a license as an instructor in manicuring any person who has applied to the Board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 500 hours of training as an instructor or 250 hours of training as a provisional instructor in a licensed school of cosmetology;
(e) Is licensed as a manicurist pursuant to this chapter; and
(f) Has practiced as a full-time licensed manicurist or as a licensed student instructor for 1 year.
2. Except as otherwise provided in subsection 3, an instructor in manicuring shall complete at least 30 hours of advanced training in a course approved by the Board during each 2-year period of his license.
3. The provisions of subsection 2 do not apply to an instructor in manicuring who is initially licensed not more than 6 months before the renewal date of the license. An instructor in manicuring who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in subsection 2 whose combined duration is at least 15 hours during each 2-year period.
Sec. 7. NRS 644.212 is hereby amended to read as follows:
644.212 An application for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and section 1 of this act must include the social security number of the applicant.
Sec. 8. NRS 644.320 is hereby amended to read as follows:
644.320 1. The license of every cosmetologist, aesthetician, electrologist, hair designer, manicurist, [provisional instructor,] demonstrator of cosmetics and instructor expires on July 1 of the next succeeding odd-numbered year.
κ2005 Statutes of Nevada, Page 2856 (CHAPTER 506, SB 333)κ
of cosmetics and instructor expires on July 1 of the next succeeding odd-numbered year.
2. The Board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1 1/2 years.
Sec. 9. NRS 644.360 is hereby amended to read as follows:
644.360 1. Every holder of a license issued by the Board to operate a cosmetological establishment shall display the license in plain view of members of the general public in the principal office or place of business of the holder.
2. Except as otherwise provided in this section, the operator of a cosmetological establishment [shall] may lease space to or employ only licensed manicurists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists at his establishment to provide cosmetological services. This subsection does not prohibit an operator of a cosmetological establishment from [leasing] :
(a) Leasing space to or employing a barber. Such a barber remains under the jurisdiction of the State Barbers Health and Sanitation Board [.] and remains subject to the laws and regulations of this State applicable to his business or profession.
(b) Leasing space to any other professional, including, without limitation, a provider of health care pursuant to subsection 3. Each such professional remains under the jurisdiction of the regulatory body which governs his business or profession and remains subject to the laws and regulations of this State applicable to his business or profession.
3. The operator of a cosmetological establishment may lease space at his cosmetological establishment to a provider of health care for the purpose of providing health care within the scope of his practice. The provider of health care shall not use the leased space to provide such health care at the same time a cosmetologist uses that space to engage in the practice of cosmetology. A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains under the jurisdiction of the regulatory body which governs his business or profession and remains subject to the laws and regulations of this State applicable to his business or profession.
4. As used in this section [, provider] :
(a) Provider of health care means a person who is licensed, certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.
(b) Space includes, without limitation, a separate room in the cosmetological establishment.
Sec. 10. NRS 644.383 is hereby amended to read as follows:
644.383 1. The owner of each school of cosmetology shall post with the Board a surety bond executed by the applicant as principal and by a surety company as surety . If the license for the school was issued:
(a) On or before June 30, 2005, the bond must be in the amount of $10,000 [.] ; or
(b) On or after July 1, 2005, except as otherwise provided in subsections 6 and 7, the bond must be in the amount determined by the Board pursuant to subsections 2 to 5, inclusive.
2. The amount of the bond required for a school of cosmetology pursuant to paragraph (b) of subsection 1 is the total of the amounts of the bonds for all of the programs offered by the school, except that:
κ2005 Statutes of Nevada, Page 2857 (CHAPTER 506, SB 333)κ
(a) The total amount determined pursuant to subsections 3, 4 and 5 must be rounded down to the nearest $5,000; and
(b) The amount of the bond required for the school must not be less than $10,000 or more than $400,000.
3. Except as otherwise provided in subsection 4, the amount of the bond for a program at a school of cosmetology is equal to the cost to be paid by a student for the program multiplied by the number of students who will enroll in the program each year.
4. If the length of a program at a school of cosmetology is less than 1 year, the amount of the bond for that program is equal to the amount determined pursuant to subsection 3 divided by 52 and multiplied by the number of whole or partial weeks in the program.
5. Except as otherwise provided in subsection 2, the amount of the bond required for a school of cosmetology pursuant to paragraph (b) of subsection 1 must be reduced to 12 percent of the total of the amounts calculated pursuant to subsections 3 and 4 if the school participates in:
(a) Any program of student assistance pursuant to Title IV of the Higher Education Act of 1965, as amended, 20 U.S.C. §§ 1070 et. seq.; or
(b) Any other program administered by the United States Department of Education through which students at the school receive loans.
6. If a school of cosmetology has been licensed for not less than 5 years, the Board shall set the amount of the bond required pursuant to paragraph (b) of subsection 1 for the school:
(a) In the amount of $10,000, if the Board did not receive any valid complaints against the school during the immediately preceding 5 years;
(b) In an amount not less than $10,000 and not more than the amount calculated pursuant to subsections 2 to 5, inclusive, if the Board received one or more valid complaints against the school during the immediately preceding 5 years and the Board determines that each such complaint was a complaint of a minor violation of the provisions of this chapter or of any regulations adopted pursuant to this chapter; and
(c) In the amount calculated pursuant to subsections 2 to 5, inclusive, if the Board received one or more valid complaints against the school during the immediately preceding 5 years and the Board determines that any such complaint was a complaint of a major violation of the provisions of this chapter or any regulations adopted pursuant thereto.
7. The bond required for a school of cosmetology must be in the amount of $10,000 if the school:
(a) Is initially licensed on or before June 30, 2005;
(b) Has been continuously licensed since June 30, 2005; and
(c) Is relocated and obtains a license for the new location on or after July 1, 2005.
8. The bond must be in the form approved by the Board and must be conditioned upon compliance with the provisions of this chapter and upon faithful compliance with the terms and conditions of any contracts, verbal or written, made by the school to furnish instruction to any person. The bond must be to the State of Nevada in favor of every person who pays or deposits money with the school as payment for instruction. A bond continues in effect until notice of termination is given by registered or certified mail to the Board and every bond must set forth this fact.
[3.] 9. A person claiming to be injured or damaged by an act of the school may maintain an action in any court of competent jurisdiction on the bond against the school and the surety named therein, or either of them, for refund of tuition paid.
κ2005 Statutes of Nevada, Page 2858 (CHAPTER 506, SB 333)κ
bond against the school and the surety named therein, or either of them, for refund of tuition paid. Any judgment against the principal or surety in any such action must include the costs thereof and those incident to the bringing of the action, including a reasonable attorneys fee. The aggregate liability of the surety to all such persons may not exceed the sum of the bond.
10. The Board shall adopt regulations defining the terms minor violation and major violation for the purposes of subsection 6.
Sec. 11. NRS 644.400 is hereby amended to read as follows:
644.400 1. A school of cosmetology must at all times be under the immediate supervision of a licensed instructor who has had practical experience of at least 1 year in the practice of a majority of the branches of cosmetology in an established place of business.
2. A school of cosmetology shall:
(a) Maintain a school term of not less than 1,800 hours extending over a period of not more than 36 months, and maintain a course of practical training and technical instruction equal to the requirements for examination for a license as a cosmetologist.
(b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.
(c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the Board pursuant to its regulations.
(d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.
(e) Arrange the courses devoted to each branch or practice of cosmetology as the Board may from time to time adopt as the course to be followed by the schools.
(f) Not allow any student to perform services on the public for more than 7 hours in any day.
(g) Conduct at least 5 hours of instruction in theory in each 40-hour week or 6 hours of instruction in theory in each 48-hour week, which must be attended by all registered students.
(h) Require that all work by students be done on the basis of rotation.
3. [The] Except as otherwise provided in subsection 4, the Board may, upon request, authorize a school of cosmetology to offer, in addition to courses which are included in any curriculum required for licensure as a cosmetologist, any other course.
4. The Board shall, upon request, authorize a school of cosmetology to offer a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy if:
(a) The school of cosmetology has obtained all licenses, authorizations and approvals required by state and local law to offer such a course or program; and
(b) With regard to that portion of the premises where the school of cosmetology offers courses included in the cosmetological curriculum, the school of cosmetology continues to comply with the provisions of this chapter and any regulations adopted pursuant thereto.
5. Notwithstanding any other provision of law, if a school of cosmetology offers a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy:
κ2005 Statutes of Nevada, Page 2859 (CHAPTER 506, SB 333)κ
to prepare or qualify another person for licensure in the field of massage therapy:
(a) The Board has exclusive jurisdiction over the authorization and regulation of the course or program offered by the school of cosmetology; and
(b) The school of cosmetology is not required to obtain any other license, authorization or approval to offer the course or program.
Sec. 12. NRS 644.408 is hereby amended to read as follows:
644.408 A student must receive the following minimum amount of instruction in the classroom before commencing work on members of the public:
1. A student enrolled as a cosmetologist must receive [250] at least 300 hours.
2. A student enrolled as a hair designer must receive [250] at least 300 hours.
3. A student enrolled as a manicurist must receive [80] at least 100 hours.
4. A student enrolled as an electrologists apprentice must receive at least 150 hours.
5. A student enrolled as an aesthetician must receive [100] at least 120 hours.
Sec. 13. NRS 644.425 and 644.477 are hereby repealed.
Sec. 14. 1. This act becomes effective on July 1, 2005.
2. Section 7 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
________
Senate Bill No. 341Senators Titus, Raggio, Nolan, Wiener and Mathews
Joint Sponsors: Assemblymen Gansert, Parks and Ohrenschall
CHAPTER 507
AN ACT relating to offenders; revising the provisions concerning requirements for providing certain notices and information relating to sex offenders and offenders convicted of a crime against a child; revising the provisions pertaining to lifetime supervision of sex offenders; providing that the court must require a sex offender to consent to warrantless searches as a condition of probation or suspension of sentence under certain circumstances; allowing an employer to obtain certain information concerning sex offenders and offenders convicted of a crime against a child from the Central Repository for Nevada Records of Criminal History; requiring the Central Repository to provide certain information to nonprofit organizations without charge; requiring the Department of Public Safety to establish and maintain a community notification website to provide certain information to the public concerning certain sex offenders; clarifying the standard for determining whether a juvenile sex offender will be subject to registration and community notification as an adult sex offender; increasing penalties for a second or subsequent violation of certain requirements concerning registration of sex offenders and offenders convicted of a crime against a child; revising and increasing the penalties for certain sexual offenses; excluding sex offenders and offenders convicted of a crime against a child from participation in a program of sentencing diversion for alcoholics and drug addicts; providing that sex offenders and offenders convicted of a crime against a child may not renew their drivers licenses, commercial drivers licenses or identification cards if they are not in compliance with the requirements concerning offender registration; providing that sex offenders and offenders convicted of a crime against a child must renew their drivers licenses, commercial drivers licenses or identification cards annually; providing for suspension of the registration as a gaming employee of a sex offender or offender convicted of a crime against a child who is not in compliance with the requirements concerning offender registration; making various other changes pertaining to sex offenders and offenders convicted of a crime against a child; providing penalties; and providing other matters properly relating thereto.
κ2005 Statutes of Nevada, Page 2860 (CHAPTER 507, SB 341)κ
Safety to establish and maintain a community notification website to provide certain information to the public concerning certain sex offenders; clarifying the standard for determining whether a juvenile sex offender will be subject to registration and community notification as an adult sex offender; increasing penalties for a second or subsequent violation of certain requirements concerning registration of sex offenders and offenders convicted of a crime against a child; revising and increasing the penalties for certain sexual offenses; excluding sex offenders and offenders convicted of a crime against a child from participation in a program of sentencing diversion for alcoholics and drug addicts; providing that sex offenders and offenders convicted of a crime against a child may not renew their drivers licenses, commercial drivers licenses or identification cards if they are not in compliance with the requirements concerning offender registration; providing that sex offenders and offenders convicted of a crime against a child must renew their drivers licenses, commercial drivers licenses or identification cards annually; providing for suspension of the registration as a gaming employee of a sex offender or offender convicted of a crime against a child who is not in compliance with the requirements concerning offender registration; making various other changes pertaining to sex offenders and offenders convicted of a crime against a child; providing penalties; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.0926 is hereby amended to read as follows:
176.0926 1. If a defendant is convicted of a crime against a child, the court shall, [before imposing sentence:] following the imposition of a sentence:
(a) Notify the Central Repository of the conviction of the defendant, so the Central Repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.230.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this State during any period in which he is a resident of this State or a nonresident who is a student or worker within this State and the time within which he is required to register pursuant to NRS 179D.240;
(2) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(3) If he moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;
(4) The duty to notify the local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and
κ2005 Statutes of Nevada, Page 2861 (CHAPTER 507, SB 341)κ
jurisdiction, or changes the primary address at which he is a student or worker; and
(5) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.
(c) Require the defendant to read and sign a form confirming that the requirements for registration have been explained to him.
2. The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.200 to 179D.290, inclusive.
Sec. 2. NRS 176.0927 is hereby amended to read as follows:
176.0927 1. If a defendant is convicted of a sexual offense, the court shall, [before imposing sentence:] following the imposition of a sentence:
(a) Notify the Central Repository of the conviction of the defendant, so the Central Repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.450.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this State during any period in which he is a resident of this State or a nonresident who is a student or worker within this State and the time within which he is required to register pursuant to NRS 179D.460;
(2) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(3) If he moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;
(4) The duty to notify the local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and
(5) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.
(c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him.
2. The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.350 to 179D.550, inclusive.
κ2005 Statutes of Nevada, Page 2862 (CHAPTER 507, SB 341)κ
provisions for registration pursuant to NRS 179D.350 to 179D.550, inclusive.
Sec. 3. NRS 176.0931 is hereby amended to read as follows:
176.0931 1. If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.
2. The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.
3. A person sentenced to lifetime supervision may petition the [district court in whose jurisdiction he resides] sentencing court or the State Board of Parole Commissioners for release from lifetime supervision. The sentencing court or the Board shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has complied with the requirements of the provisions of NRS 179D.350 to 179D.550, inclusive;
(b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least [15] 10 consecutive years after his last conviction or release from incarceration, whichever occurs later; and
[(b)] (c) The person is not likely to pose a threat to the safety of others , as determined by a person professionally qualified to conduct psychosexual evaluations, if released from lifetime supervision.
4. A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless he is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.350 to 179D.800, inclusive.
5. As used in this section:
(a) Offense that poses a threat to the safety or well-being of others has the meaning ascribed to it in NRS 179D.060.
(b) Person professionally qualified to conduct psychosexual evaluations has the meaning ascribed to it in NRS 176.133.
(c) Sexual offense means:
(1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;
(2) An attempt to commit an offense listed in subparagraph (1); or
(3) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
Sec. 4. NRS 176A.410 is hereby amended to read as follows:
176A.410 1. Except as otherwise provided in subsection 3, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:
(a) Submit to a search and seizure of his person, residence or vehicle or any property under his control, at any time of the day or night, without a warrant, by any parole and probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime;
κ2005 Statutes of Nevada, Page 2863 (CHAPTER 507, SB 341)κ
warrant, by any parole and probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime;
(b) Reside at a location only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of his current address;
[(b)] (c) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer;
[(c)] (d) Abide by any curfew imposed by the parole and probation officer assigned to the defendant;
[(d)] (e) Participate in and complete a program of professional counseling approved by the Division;
[(e)] (f) Submit to periodic tests, as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance;
[(f)] (g) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the defendant;
[(g)] (h) Abstain from consuming, possessing or having under his control any alcohol;
[(h)] (i) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the parole and probation officer assigned to the defendant, and a written agreement is entered into and signed in the manner set forth in subsection 2;
[(i)] (j) Not use aliases or fictitious names;
[(j)] (k) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant;
[(k)] (l) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact;
[(l)] (m) Unless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not be in or near:
(1) A playground, park, school or school grounds;
(2) A motion picture theater; or
(3) A business that primarily has children as customers or conducts events that primarily children attend;
[(m)] (n) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication;
[(n)] (o) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant;
[(o)] (p) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant;
[(p)] (q) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant; and
κ2005 Statutes of Nevada, Page 2864 (CHAPTER 507, SB 341)κ
means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant; and
[(q)] (r) Inform the parole and probation officer assigned to the defendant if the defendant expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, institution of higher education has the meaning ascribed to it in NRS 179D.045.
2. A written agreement entered into pursuant to paragraph [(h)] (i) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:
(a) The victim or the witness;
(b) The defendant;
(c) The parole and probation officer assigned to the defendant;
(d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; and
(e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.
3. The court is not required to impose a condition of probation or suspension of sentence listed in subsection 1 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.
4. As used in this section, sexual offense has the meaning ascribed to it in NRS 179D.410.
Sec. 5. Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.
Sec. 6. Offender convicted of a crime against a child has the meaning ascribed to it in NRS 179D.216.
Sec. 7. Record of registration has the meaning ascribed to it in NRS 179D.150.
Sec. 8. Sex offender has the meaning ascribed to it in NRS 179D.400.
Sec. 9. NRS 179A.010 is hereby amended to read as follows:
179A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.073, inclusive, and sections 6, 7 and 8 of this act have the meanings ascribed to them in those sections.
Sec. 10. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
κ2005 Statutes of Nevada, Page 2865 (CHAPTER 507, SB 341)κ
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the Central Repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives his written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:
(a) The name and address of the employer, and the name and signature of the person requesting the notice on behalf of the employer;
(b) The name and address of the employers facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and
(c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.
5. In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.
6. Except as otherwise provided in [this subsection,] subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom information is disseminated pursuant to [this subsection.
5.] subsections 4 and 5.
7. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
κ2005 Statutes of Nevada, Page 2866 (CHAPTER 507, SB 341)κ
licensing, disciplinary or other proceeding to which the information is relevant.
(c) The State Gaming Control Board.
(d) The State Board of Nursing.
(e) The Private Investigators Licensing Board to investigate an applicant for a license.
(f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) An agency which provides child welfare services, as defined in NRS 432B.030.
(p) The Welfare Division of the Department of Human Resources or its designated representative.
(q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.
(r) The State Disaster Identification Team of the Division of Emergency Management of the Department.
(s) The Commissioner of Insurance.
[6.] 8. Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 11. NRS 179A.105 is hereby amended to read as follows:
179A.105 An employer who fails to request :
1. The information contained in a record of registration concerning a volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, as authorized pursuant to subsection 4 of NRS 179A.100; or
κ2005 Statutes of Nevada, Page 2867 (CHAPTER 507, SB 341)κ
2. The information described in subsection 4 of NRS 179A.190 concerning [the criminal history of] a volunteer or prospective volunteer , as authorized pursuant to subsection [4] 5 of NRS 179A.100 ,
Κ is not liable to a child served by the employer for civil damages suffered by the child as a result of an offense listed in subsection 4 of NRS 179A.190 committed against the child by such a volunteer or prospective volunteer.
Sec. 12. NRS 179A.140 is hereby amended to read as follows:
179A.140 1. Except as otherwise provided in this [subsection,] section, an agency of criminal justice may charge a reasonable fee for information relating to records of criminal history provided to any person or governmental entity.
2. An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department.
3. The Central Repository shall not charge such a fee [for] :
(a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding 6 months in conjunction with the application by that person for professional licensure [.
2.] ; or
(b) For information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child or records of criminal history requested by and provided to a nonprofit organization that is recognized as exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
4. The Director may request an allocation from the Contingency Fund pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Department to carry out the provisions of paragraph (b) of subsection 3.
5. All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.
Sec. 13. Chapter 179B of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 17, inclusive, of this act.
Sec. 14. Community notification website means the website on the Internet established and maintained by the Department pursuant to NRS 179B.250.
Sec. 15. Except as otherwise authorized pursuant to specific statute, a person shall not use information obtained from the community notification website for any purpose related to any of the following:
1. Insurance, including health insurance.
2. Loans.
3. Credit.
4. Employment.
5. Education, scholarships or fellowships.
6. Housing or accommodations.
7. Benefits, privileges or services provided by any business establishment.
κ2005 Statutes of Nevada, Page 2868 (CHAPTER 507, SB 341)κ
Sec. 16. Any person who uses information obtained from the community notification website in violation of the provisions of NRS 179B.250 or section 15 of this act is liable:
1. In a civil action brought by or on behalf of a person injured by the violation, for damages, attorneys fees and costs incurred as the result of the violation; and
2. In a civil action brought in the name of the State of Nevada by the Attorney General, for a civil penalty not to exceed $25,000 and for the costs of the action, including investigative costs and attorneys fees.
Sec. 17. 1. If there is reasonable cause to believe that a person or group of persons has engaged in or is about to engage in any act or practice, or any pattern of acts or practices, which involves the use of information obtained from the community notification website and which violates any provision of this section, NRS 179B.250 or section 15 or 16 of this act, the Attorney General may file an action for injunctive relief in the appropriate district court to prevent the occurrence or continuance of that act or practice or pattern of acts or practices.
2. An injunction pursuant to this section:
(a) May be issued without proof of actual damage sustained by any person; and
(b) Does not preclude or affect the availability of any other remedy including, without limitation, the criminal prosecution of a violator or the filing or maintenance of a civil action for damages or a civil penalty pursuant to section 16 of this act.
Sec. 18. NRS 179B.010 is hereby amended to read as follows:
179B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179B.020 to 179B.140, inclusive, and section 14 of this act have the meanings ascribed to them in those sections.
Sec. 19. NRS 179B.100 is hereby amended to read as follows:
179B.100 Requester means a person who requests information from the [program.] community notification website.
Sec. 20. NRS 179B.250 is hereby amended to read as follows:
179B.250 1. The Department shall [, in a manner prescribed by the Director,] establish and maintain within the Central Repository a [program] community notification website to provide the public with access to certain information contained in the statewide registry [. The program may include, but is not limited to, the use of a secure website on the Internet or other electronic means of communication to provide the public with access to certain information contained in the statewide registry if such information is made available and disclosed] in accordance with the procedures set forth in this section.
2. For each inquiry to the [program,] community notification website, the requester must provide:
(a) The name of the subject of the search;
(b) Any alias of the subject of the search;
(c) The zip code of the residence, place of work or school of the subject of the search; or
(d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.
3. For each inquiry to the [program,] community notification website made by the requester, the Central Repository shall:
κ2005 Statutes of Nevada, Page 2869 (CHAPTER 507, SB 341)κ
(a) Explain the levels of notification that are assigned to sex offenders pursuant to NRS 179D.730; and
(b) Explain that the Central Repository is prohibited by law from disclosing information concerning certain offenders, even if those offenders are listed in the statewide registry.
4. If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository:
(a) Shall disclose to the requester information concerning an offender who is assigned a Tier 2 or Tier 3 level of notification.
(b) [Except as otherwise provided in this paragraph, may, in the discretion of the Department, disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification. The Central Repository shall not disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification if the offender:
(1) Has been released from actual custody for 10 years or more; and
(2) Has not been convicted of committing a sexual offense during the immediately preceding 10 years.
(c)] Shall not disclose to the requester information concerning an offender who is assigned a Tier 1 level of notification.
5. After each inquiry to the [program] community notification website made by the requester, the Central Repository shall inform the requester that:
(a) No offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;
(b) The search of the statewide registry has not produced information that is available to the public through the statewide registry;
(c) The requester needs to provide additional information concerning the identity or location of the subject of the search before the Central Repository may disclose the results of the search; or
(d) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository [:
(1) Shall inform the requester of the name or any alias of the offender and the zip codes of the residence, work place and school of the offender.
(2) Shall inform the requester of each offense for which the offender was convicted, describing each offense in language that is understandable to the ordinary layperson, and the date and location of each conviction.
(3) Shall inform the requester of the age of the victim and offender at the time of each offense.
(4) May, through the use of a secure website on the Internet or other electronic means of communication, provide the requester with a photographic image of the offender if such an image is available.
(5) Shall] shall provide the requester with the following information:
(1) The name of the offender and all aliases that the offender has used or under which the offender has been known.
(2) A complete physical description of the offender.
(3) A current photograph of the offender.
(4) The year of birth of the offender.
κ2005 Statutes of Nevada, Page 2870 (CHAPTER 507, SB 341)κ
(5) The complete address of any residence at which the offender resides.
(6) The number of the street block, but not the specific street number, of any location where the offender is currently:
(I) A student, as defined in NRS 179D.110; or
(II) A worker, as defined in NRS 179D.120.
(7) The following information for each offense for which the offender has been convicted:
(I) The offense that was committed, including a citation to the specific statute that the offender violated.
(II) The court in which the offender was convicted.
(III) The name under which the offender was convicted.
(IV) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender was committed for the offense.
(V) The city, township or county where the offense was committed.
(8) The tier level of notification assigned to the offender.
6. If a search of the statewide registry results in a match pursuant to paragraph (d) of subsection 5, the Central Repository shall not provide the requester with any [other] information that is included in the record of registration for the offender [.
6.] other than the information required pursuant to paragraph (d) of subsection 5.
7. For each inquiry to the [program,] community notification website, the Central Repository shall maintain a log of the information provided by the requester to the Central Repository and the information provided by the Central Repository to the requester.
[7.] 8. A person may not use information obtained through the [program] community notification website as a substitute for information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.
[8.] 9. The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:
(a) Accessing information in the statewide registry pursuant to NRS 179B.200;
(b) Carrying out any duty pursuant to chapter 179D of NRS; or
(c) Carrying out any duty pursuant to another provision of law.
Sec. 21. NRS 179B.300 is hereby amended to read as follows:
179B.300 1. Information in the statewide registry , including information in the community notification website, that is accessed or disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.
2. The Central Repository and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained, maintained or disclosed pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information in the statewide registry; or
(b) The disclosure of or the failure to disclose information in the statewide registry.
κ2005 Statutes of Nevada, Page 2871 (CHAPTER 507, SB 341)κ
3. A law enforcement agency and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information obtained from the statewide registry; or
(b) The disclosure of or the failure to disclose information obtained from the statewide registry.
Sec. 22. Chapter 179D of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Central Repository shall, in accordance with the requirements of this section, share information concerning sex offenders and offenders convicted of a crime against a child with:
(a) The State Gaming Control Board to carry out the provisions of NRS 463.335 pertaining to the registration of a gaming employee who is a sex offender or an offender convicted of a crime against a child. The Central Repository shall, at least once each calendar month, provide the State Gaming Control Board with the name and other identifying information of each offender who is not in compliance with the provisions of this chapter, in the manner and form agreed upon by the Central Repository and the State Gaming Control Board.
(b) The Department of Motor Vehicles to carry out the provisions of section 38 of this act.
2. The information shared by the Central Repository pursuant to this section must indicate whether a sex offender or an offender convicted of a crime against a child is in compliance with the provisions of this chapter.
3. The Central Repository shall share information pursuant to this section as expeditiously as possible under the circumstances.
4. The Central Repository may adopt regulations to carry out the provisions of this section.
5. As used in this section:
(a) Offender convicted of a crime against a child has the meaning ascribed to it in NRS 179D.216.
(b) Sex offender has the meaning ascribed to it in NRS 179D.400.
Sec. 22.5. (Deleted by amendment.)
Sec. 23. NRS 179D.290 is hereby amended to read as follows:
179D.290 [An]
1. Except as otherwise provided in subsection 2, an offender convicted of a crime against a child who:
[1.] (a) Fails to register with a local law enforcement agency;
[2.] (b) Fails to notify the local law enforcement agency of a change of address;
[3.] (c) Provides false or misleading information to the Central Repository or a local law enforcement agency; or
[4.] (d) Otherwise violates the provisions of NRS 179D.200 to 179D.290, inclusive,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. An offender convicted of a crime against a child who commits a second or subsequent violation of subsection 1 within 7 years after the first violation is guilty of a category C felony and shall be punished as provided in NRS 193.130. A court shall not grant probation to or suspend the sentence of a person convicted pursuant to this subsection.
κ2005 Statutes of Nevada, Page 2872 (CHAPTER 507, SB 341)κ
Secs. 23.3 and 23.7. (Deleted by amendment.)
Sec. 24. NRS 179D.550 is hereby amended to read as follows:
179D.550 [A]
1. Except as otherwise provided in subsection 2, a sex offender who:
[1.] (a) Fails to register with a local law enforcement agency;
[2.] (b) Fails to notify the local law enforcement agency of a change of address;
[3.] (c) Provides false or misleading information to the Central Repository or a local law enforcement agency; or
[4.] (d) Otherwise violates the provisions of NRS 179D.350 to 179D.550, inclusive,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. An offender convicted of a crime against a child who commits a second or subsequent violation of subsection 1 within 7 years after the first violation is guilty of a category C felony and shall be punished as provided in NRS 193.130. A court shall not grant probation to or suspend the sentence of a person convicted pursuant to this subsection.
Secs. 24.3 and 24.7. (Deleted by amendment.)
Sec. 25. NRS 179D.730 is hereby amended to read as follows:
179D.730 1. Except as otherwise provided in this section, the guidelines and procedures for community notification established by the Attorney General must provide for the following levels of notification, depending upon the risk of recidivism of the sex offender:
(a) If the risk of recidivism is low, the sex offender must be assigned a Tier 1 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall notify other law enforcement agencies that are likely to encounter the sex offender.
(b) If the risk of recidivism is moderate, the sex offender must be assigned a Tier 2 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide notification pursuant to paragraph (a) and shall notify schools and religious and youth organizations that are likely to encounter the sex offender.
(c) If the risk of recidivism is high, the sex offender must be assigned a Tier 3 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide notification pursuant to paragraphs (a) and (b) and shall notify the public through means designed to reach members of the public who are likely to encounter the sex offender.
2. If the sex offender is assigned a Tier 2 or Tier 3 level of notification and the sex offender has committed a sexual offense against a person less than 18 years of age, the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide the appropriate notification for Tier 2 or Tier 3 and, in addition, shall notify:
(a) Motion picture theaters, other than adult motion picture theaters, which are likely to encounter the sex offender; and
(b) Businesses which are likely to encounter the sex offender and which primarily have children as customers or conduct events that primarily children attend. Notification pursuant to this subsection must include a copy of a photograph of the sex offender. As used in paragraph (a), adult motion picture theater has the meaning ascribed to it in NRS 278.0221.
κ2005 Statutes of Nevada, Page 2873 (CHAPTER 507, SB 341)κ
3. [If the sex offender has been declared to be a sexually violent predator, the] A sex offender must be assigned a Tier 3 level of notification [.] if the sex offender has been:
(a) Declared to be a sexually violent predator;
(b) Convicted of three or more sexually violent offenses, and at least two of the offenses were brought and tried separately;
(c) Convicted of two sexually violent offenses and one or more nonsexually violent offenses, and at least two of the offenses were brought and tried separately;
(d) Convicted of one sexually violent offense and two or more nonsexually violent offenses, and at least two of the offenses were brought and tried separately;
(e) Convicted of two sexually violent offenses, and both offenses were brought and tried separately, and the sex offender has been arrested on three or more separate occasions for commission of a sexually violent offense, a nonsexually violent offense or an associated offense; or
(f) Convicted of one sexually violent offense and one nonsexually violent offense, and both offenses were brought and tried separately, and the sex offender has been arrested on three or more separate occasions for commission of a sexually violent offense, a nonsexually violent offense or an associated offense.
4. The existence of the community notification website must not be construed to affect, in any manner, the responsibility to provide notification pursuant to this section.
5. As used in this section:
(a) Associated offense includes any of the following offenses:
(1) Harassment pursuant to NRS 200.571.
(2) Stalking or aggravated stalking pursuant to NRS 200.575.
(3) Any offense related to obscenity pursuant to NRS 201.235 to 201.254, inclusive.
(4) Any offense related to obscene, threatening or annoying telephone calls pursuant to NRS 201.255.
(5) Any offense related to burglary or invasion of the home pursuant to NRS 205.060 to 205.080, inclusive.
(b) Nonsexually violent offense means an offense that:
(1) Involves the use or threatened use of force or violence against the victim; and
(2) Is not a sexual offense as defined pursuant to NRS 179D.410.
(c) Sexually violent offense has the meaning ascribed to it in NRS 179D.420.
Sec. 26. NRS 62F.250 is hereby amended to read as follows:
62F.250 Except as otherwise provided in NRS 62F.200 to 62F.260, inclusive:
1. If a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act is not relieved of being subject to community notification as a juvenile sex offender before the child reaches 21 years of age, the juvenile court shall hold a hearing when the child reaches 21 years of age to determine whether the child should be deemed an adult sex offender for the purposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.
2. If the juvenile court determines at the hearing that the child has been rehabilitated to the satisfaction of the juvenile court and that the child is not likely to pose a threat to the safety of others, the juvenile court shall relieve the child of being subject to registration and community notification.
κ2005 Statutes of Nevada, Page 2874 (CHAPTER 507, SB 341)κ
likely to pose a threat to the safety of others, the juvenile court shall relieve the child of being subject to registration and community notification.
3. If the juvenile court determines at the hearing that the child has not been rehabilitated to the satisfaction of the juvenile court or that the child is likely to pose a threat to the safety of others, the juvenile court shall deem the child to be an adult sex offender for the purposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.
4. In determining at the hearing whether the child has been rehabilitated to the satisfaction of the juvenile court and whether the child is not likely to pose a threat to the safety of others, the juvenile court shall consider the following factors:
(a) The number, date, nature and gravity of the act or acts committed by the child, including:
(1) Whether the act or acts were characterized by repetitive and compulsive behavior; and
(2) Whether the act or acts involved the use of a weapon, violence or infliction of serious bodily injury.
(b) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment.
(c) Whether psychological or psychiatric profiles indicate a risk of recidivism.
(d) The behavior of the child while subject to the jurisdiction of the juvenile court, including the behavior of the child during any period of confinement.
(e) Whether the child has made any recent threats against a person or expressed any intent to commit any crimes in the future.
(f) Any physical conditions that minimize the risk of recidivism, including physical disability or illness.
(g) Any other factor that the juvenile court finds relevant to the determination of whether the child has been rehabilitated to the satisfaction of the juvenile court and whether the child is not likely to pose a threat to the safety of others.
5. If a child is deemed to be an adult sex offender pursuant to this section, the juvenile court shall notify the Central Repository so the Central Repository may carry out the provisions for registration of the child as an adult sex offender pursuant to NRS 179D.450.
Sec. 27. NRS 200.366 is hereby amended to read as follows:
200.366 1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.
2. Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:
(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:
(1) For life without the possibility of parole; or
κ2005 Statutes of Nevada, Page 2875 (CHAPTER 507, SB 341)κ
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served . [; or
(3) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.]
(b) If no substantial bodily harm to the victim results, by imprisonment in the state prison [:
(1) For life,] for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served . [; or
(2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.]
3. Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
(b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison [:
(1) For] for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served . [; or
(2) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.]
(c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.
4. A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:
(a) A sexual assault pursuant to this section or any other sexual offense against a child; or
(b) An offense committed in another jurisdiction that, if committed in this State, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,
Κ is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.
5. For the purpose of this section, other sexual offense against a child means any act committed by an adult upon a child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Sado-masochistic abuse pursuant to NRS 201.262; or
(d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.
Sec. 28. NRS 200.400 is hereby amended to read as follows:
200.400 1. As used in this section, battery means any willful and unlawful use of force or violence upon the person of another.
2. A person who is convicted of battery with the intent to commit mayhem, robbery or grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
3. A person who is convicted of battery with the intent to kill is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
κ2005 Statutes of Nevada, Page 2876 (CHAPTER 507, SB 341)κ
prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
4. A person who is convicted of battery with the intent to commit sexual assault shall be punished:
(a) If the crime results in substantial bodily harm to the victim, for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole; or
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been [served; or
(3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been] served,
Κ as determined by the verdict of the jury, or the judgment of the court if there is no jury.
(b) If the crime does not result in substantial bodily harm to the victim and the victim is 16 years of age or older, for a category [B] A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of [not more than 15 years.] life with the possibility of parole.
(c) If the crime does not result in substantial bodily harm to the victim and the victim is a child under the age of 16, for a category [B] A felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of [not more than 15 years.] life with the possibility of parole.
Κ In addition to any other penalty, a person convicted pursuant to this subsection may be punished by a fine of not more than $10,000.
Sec. 29. NRS 200.730 is hereby amended to read as follows:
200.730 A person who knowingly and willfully has in his possession for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct:
1. For the first offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. For any subsequent offense, is guilty of a category [B] A felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of [not more than 10 years,] life with the possibility of parole, and may be further punished by a fine of not more than $5,000.
Sec. 30. NRS 200.750 is hereby amended to read as follows:
200.750 A person punishable pursuant to NRS 200.710 or 200.720 shall be punished for a category A felony by imprisonment in the state prison:
1. If the minor is 14 years of age or older [:
(a) For] , for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served [; or
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,
Κ] , and shall be further punished by a fine of not more than $100,000.
2. If the minor is less than 14 years of age, for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and shall be further punished by a fine of not more than $100,000.
κ2005 Statutes of Nevada, Page 2877 (CHAPTER 507, SB 341)κ
has been served, and shall be further punished by a fine of not more than $100,000.
Sec. 31. NRS 201.180 is hereby amended to read as follows:
201.180 Persons being within the degree of consanguinity within which marriages are declared by law to be incestuous and void [,] who intermarry with each other [,] or who commit fornication or adultery with each other [,] shall be punished for a category [B] A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of [not more than 10 years,] life with the possibility of parole, and may be further punished by a fine of not more than $10,000.
Sec. 32. NRS 201.195 is hereby amended to read as follows:
201.195 1. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such acts as a result and:
(1) The minor was less than 14 years of age, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.
(2) The minor was 14 years of age or older, is guilty of a category [D] A felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served.
(b) If the minor did not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a category [D] A felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served.
2. As used in this section, the infamous crime against nature means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
Sec. 33. NRS 201.230 is hereby amended to read as follows:
201.230 1. A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of lewdness with a child.
2. Except as otherwise provided in subsection 3, a person who commits lewdness with a child is guilty of a category A felony and shall be punished by imprisonment in the state prison for [:
(a) Life] life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000 . [; or
(b) A definite term of 20 years, with eligibility for parole after a minimum of 2 years has been served, and may further be punished by a fine of not more than $10,000.]
3. A person who commits lewdness with a child and who has been previously convicted of:
κ2005 Statutes of Nevada, Page 2878 (CHAPTER 507, SB 341)κ
(a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or
(b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,
Κ is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.
4. For the purpose of this section, other sexual offense against a child has the meaning ascribed to it in subsection 5 of NRS 200.366.
Sec. 34. NRS 201.450 is hereby amended to read as follows:
201.450 1. A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison [:
(a) For] for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served [;
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served;
(c) By] , and shall be further punished by a fine of not more than $20,000 . [; or
(d) By both fine and imprisonment.]
2. For the purposes of this section, sexual penetration means cunnilingus, fellatio or any intrusion, however slight, of any part of a persons body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including, without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.
Sec. 34.5. NRS 213.1214 is hereby amended to read as follows:
213.1214 1. The Board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:
(a) The Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee;
(b) The Director of the Department of Corrections or his designee; and
(c) A psychologist licensed to practice in this State or a psychiatrist licensed to practice medicine in this State,
Κ certifies that the prisoner was under observation while confined in an institution of the Department of Corrections and does not represent a high risk to reoffend based upon a currently accepted standard of assessment.
2. A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the Department of Corrections may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.
3. The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.
4. This section does not create a right in any prisoner to be certified or to continue to be certified. No prisoner may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a prisoner pursuant to this section or for refusing to place a prisoner before a panel for certification pursuant to this section.
5. The provisions of this section apply to a prisoner convicted of any of the following offenses:
κ2005 Statutes of Nevada, Page 2879 (CHAPTER 507, SB 341)κ
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony.
(m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive.
(n) An offense that is determined to be sexually motivated pursuant to NRS 175.547.
(o) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 35. NRS 213.1243 is hereby amended to read as follows:
213.1243 1. The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.
2. Lifetime supervision shall be deemed a form of parole for [the] :
(a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110 [.] ; and
(b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.
3. A person who [violates] commits a violation of a condition imposed on him pursuant to the program of lifetime supervision is guilty of [a] :
(a) If the violation constitutes a minor violation, a misdemeanor.
(b) If the violation constitutes a major violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
4. For the purposes of prosecution of a violation by a person of a condition imposed upon him pursuant to the program of lifetime supervision, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, within or outside that county or within or outside this State.
5. As used in this section:
κ2005 Statutes of Nevada, Page 2880 (CHAPTER 507, SB 341)κ
(a) Major violation means a violation which poses a threat to the safety or well-being of others and which involves:
(1) The commission of any crime that is punishable as a gross misdemeanor or felony or any crime that involves a victim who is less than 18 years of age;
(2) The use of a deadly weapon, explosives or a firearm;
(3) The use or threatened use of force or violence against a person;
(4) Death or bodily injury of a person;
(5) An act of domestic violence;
(6) Harassment, stalking or threats of any kind; or
(7) The forcible or unlawful entry of a home, building, structure or vehicle in which a person is present.
(b) Minor violation means a violation that does not constitute a major violation.
Sec. 36. NRS 458.300 is hereby amended to read as follows:
458.300 Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 before he is sentenced unless:
1. The crime is [a] :
(a) A crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS [or the crime is an] ;
(b) A crime against a child as defined in NRS 179D.210;
(c) A sexual offense as defined in NRS 179D.410; or
(d) An act which constitutes domestic violence as set forth in NRS 33.018;
2. The crime is that of trafficking of a controlled substance;
3. The crime is a violation of NRS 484.379 or 484.3795;
4. The alcoholic or drug addict has a record of two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of three or more convictions of any felony;
5. Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;
6. The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or
7. The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment not more than twice within the preceding 5 years.
Sec. 37. NRS 463.335 is hereby amended to read as follows:
463.335 1. The Legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the Board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. Except as otherwise provided in subsection 4, a person may not be employed as a gaming employee or serve as an independent agent unless he is temporarily registered or registered as a gaming employee pursuant to this section. An applicant for registration or renewal of registration as a gaming employee must file an application for registration or renewal of registration with the Board.
κ2005 Statutes of Nevada, Page 2881 (CHAPTER 507, SB 341)κ
employee must file an application for registration or renewal of registration with the Board. Whenever a registered gaming employee, whose registration has not expired, has not been objected to by the Board, or has not been suspended or revoked becomes employed as a gaming employee at another or additional gaming establishment, he must file a change of employment notice within 10 days with the Board. The application for registration and change of employment notice must be filed through the licensee for whom the applicant will commence or continue working as a gaming employee, unless otherwise filed with the Board as prescribed by regulation of the Commission.
3. The Board shall prescribe the forms for the application for registration as a gaming employee and the change of employment notice.
4. An independent agent is not required to be registered as a gaming employee if he is not a resident of this State and has registered with the Board in accordance with the provisions of the regulations adopted by the Commission.
5. A complete application for registration or renewal of registration as a gaming employee or a change of employment notice received by a licensee must be mailed or delivered to the Board within 5 business days of receipt unless the date is administratively extended by the Chairman of the Board for good cause. A licensee is not responsible for the accuracy or completeness of any application for registration or renewal of registration as a gaming employee or any change of employment notice.
6. The Board shall immediately conduct an investigation of each person who files an application for registration or renewal of registration as a gaming employee to determine whether he is eligible for registration as a gaming employee. In conducting the investigation, two complete sets of the applicants fingerprints must be submitted to the Central Repository for Nevada Records of Criminal History for:
(a) A report concerning the criminal history of the applicant; and
(b) Submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant.
Κ The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant. The fee for processing an application for registration or renewal of registration as a gaming employee may be charged only to cover the actual investigative and administrative costs related to processing the application and the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to process the fingerprints of an applicant pursuant to this subsection.
7. Upon receipt of a change of employment notice, the Board may conduct any investigations of the gaming employee that the Board deems appropriate to determine whether the gaming employee may remain registered as a gaming employee. The filing of a change of employment notice constitutes an application for registration as a gaming employee, and if the Board, after conducting its investigation, suspends or objects to the continued registration of the gaming employee, the provisions of subsections 11 to 17, inclusive, apply to such suspension by or objection of the Board. No fee may be charged by the Board to cover the actual investigative and administrative costs related to processing a change of employment notice.
8. Except as otherwise prescribed by regulation of the Commission, an applicant for registration or renewal of registration as a gaming employee is deemed temporarily registered as a gaming employee as of the date a complete application for registration or renewal of registration is submitted to the licensee for which he will commence or continue working as a gaming employee.
κ2005 Statutes of Nevada, Page 2882 (CHAPTER 507, SB 341)κ
deemed temporarily registered as a gaming employee as of the date a complete application for registration or renewal of registration is submitted to the licensee for which he will commence or continue working as a gaming employee. Unless objected to by the Board or suspended or revoked, the initial registration of an applicant as a gaming employee expires 5 years after the date employment commences with the applicable licensee or, in the case of an independent agent, 5 years after the date he contracts with an applicable licensee. Any subsequent renewal of registration as a gaming employee, unless objected to by the Board or suspended or revoked, expires 5 years after the expiration date of the most recent registration or renewal of registration of the gaming employee.
9. If, within 120 days after receipt by the Board of a complete application for registration or renewal of registration as a gaming employee, including classifiable fingerprints, or a change of employment notice, the Board has not notified the applicable licensee of any suspension or objection, the applicant shall be deemed to be registered as a gaming employee. A complete application for registration or renewal of registration as a gaming employee is composed of:
(a) The fully completed form for application for registration as a gaming employee prescribed in subsection 3;
(b) Two complete sets of the fingerprints of the applicant, unless directly forwarded electronically or by another means to the Central Repository for Nevada Records of Criminal History;
(c) The fee for processing the application for registration or renewal of registration as a gaming employee prescribed by the Board pursuant to subsection 6, unless otherwise prescribed by regulation of the Commission; and
(d) A completed statement as prescribed in subsections 1 and 2 of NRS 463.3351.
Κ If the Board determines after receiving an application for registration or renewal of registration as a gaming employee that the application is incomplete, the Board may suspend the temporary registration as a gaming employee of the applicant who filed the incomplete application. An applicant whose temporary registration is suspended shall not be eligible to work as a gaming employee until such time as he files a complete application.
10. A person who is temporarily registered or registered as a gaming employee is eligible for employment in any licensed gaming establishment in this State until such registration is objected to by the Board, expires or is suspended or revoked. The Commission shall adopt regulations to:
(a) Establish uniform procedures for the registration of gaming employees;
(b) Establish uniform criteria for objection by the Board of an application for registration; and
(c) Provide for the creation and maintenance of a system of records that contain information regarding the current place of employment of each person who is registered as a gaming employee and each person whose registration as a gaming employee has expired, was objected to by the Board, or was suspended or revoked. The system of records must be accessible by [licensees] :
(1) Licensees for the limited purpose of complying with subsection 2 [.] ; and
κ2005 Statutes of Nevada, Page 2883 (CHAPTER 507, SB 341)κ
(2) The Central Repository for Nevada Records of Criminal History for the limited purpose of complying with section 22 of this act.
11. If the Board, within the 120-day period prescribed in subsection 9, notifies:
(a) The applicable licensee; and
(b) The applicant,
Κ that the Board suspends or objects to the temporary registration of an applicant as a gaming employee, the licensee shall immediately terminate the applicant from employment or reassign him to a position that does not require registration as a gaming employee. The notice of suspension or objection by the Board which is sent to the applicant must include a statement of the facts upon which the Board relied in making its suspension or objection.
12. Any person whose application for registration or renewal of registration as a gaming employee has been suspended or objected to by the Board may, not later than 60 days after receiving notice of the suspension or objection, apply to the Board for a hearing. A failure of a person whose application has been objected to or suspended to apply for a hearing within 60 days or his failure to appear at a hearing of the Board conducted pursuant to this section shall be deemed to be an admission that the suspension or objection is well-founded, and the failure precludes administrative or judicial review. At the hearing, the Board shall take any testimony deemed necessary. After the hearing, the Board shall review the testimony taken and any other evidence, and shall, within 45 days after the date of the hearing, mail to the applicant its decision sustaining or reversing the suspension or the objection to the registration of the applicant as a gaming employee.
13. The Board may suspend or object to the registration of an applicant as a gaming employee for any cause deemed reasonable by the Board. The Board may object to or suspend the registration if the applicant has:
(a) Failed to disclose or misstated information or otherwise attempted to mislead the Board with respect to any material fact contained in the application for registration as a gaming employee;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the Commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this State concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this State or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this State and which relates to the applicants suitability or qualifications to work as a gaming employee;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had registration as a gaming employee revoked or committed any act which is a ground for the revocation of registration as a gaming employee or would have been a ground for revoking registration as a gaming employee if the applicant had then been registered as a gaming employee.
κ2005 Statutes of Nevada, Page 2884 (CHAPTER 507, SB 341)κ
would have been a ground for revoking registration as a gaming employee if the applicant had then been registered as a gaming employee.
Κ If the Board registers or does not suspend or object to the registration of an applicant as a gaming employee, it may specially limit the period for which the registration is valid, limit the job classifications for which the registered gaming employee may be employed and establish such individual conditions for the renewal and effectiveness of the registration as the Board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.
14. Any applicant aggrieved by the decision of the Board may, within 15 days after the announcement of the decision, apply in writing to the Commission for review of the decision. Review is limited to the record of the proceedings before the Board. The Commission may sustain, modify or reverse the Boards decision. The decision of the Commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
15. The Chairman of the Board may designate a member of the Board or the Board may appoint a hearing examiner and authorize that person to perform on behalf of the Board any of the following functions required of the Board by this section concerning the registration or renewal of registration of gaming employees:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the Board based upon the testimony and evidence or rendering a decision on behalf of the Board to sustain or reverse the suspension of or the objection to the registration of an applicant as a gaming employee; and
(d) Notifying the applicant of the decision.
16. Notice by the Board as provided pursuant to [this section] subsections 1 to 15, inclusive, is sufficient if it is mailed to the applicants last known address as indicated on the application for registration as a gaming employee or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
17. Except as otherwise provided in this subsection, all records acquired or compiled by the Board or Commission relating to any application made pursuant to this section, all lists of persons registered as gaming employees, all lists of persons suspended or objected to by the Board and all records of the names or identity of persons engaged in the gaming industry in this State are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the Welfare Division of the Department of Human Resources pursuant to NRS 425.400 for information relating to a specific person who has applied for registration as a gaming employee or is registered as a gaming employee, the Board shall disclose to the Division his social security number, residential address and current employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
κ2005 Statutes of Nevada, Page 2885 (CHAPTER 507, SB 341)κ
to the classification of the crime must be based on the classification in the state where it was committed.
18. If the Central Repository for Nevada Records of Criminal History, in accordance with the provisions of section 22 of this act, provides the Board with the name and other identifying information of a registered gaming employee who is not in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person that, unless he provides the Board with verifiable documentation confirming that he is currently in compliance with the provisions of chapter 179D of NRS within 15 days after receipt of such notice, the Board shall, notwithstanding any other provisions of this section, conduct a hearing for the purpose of determining whether the registration of the person as a gaming employee must be suspended for noncompliance with the provisions of chapter 179D of NRS.
19. Notwithstanding any other provisions of this section, if a person notified by the Board pursuant to subsection 18 does not provide the Board, within the 15 days prescribed therein, with verifiable documentation establishing that he is currently in compliance with the provisions of chapter 179D of NRS, the Chairman of the Board shall, within 10 days thereof, appoint a hearing examiner to conduct a hearing to determine whether the person is, in fact, not in compliance with the provisions of chapter 179D of NRS. The hearing examiner shall, within 5 days after the date he is appointed by the Chairman, notify the person of the date of the hearing. The hearing must be held within 20 days after the date on which the hearing examiner is appointed by the Chairman, unless administratively extended by the Chairman for good cause. At the hearing, the hearing examiner may take any testimony deemed necessary and shall render a decision sustaining or reversing the findings of the Central Repository for Nevada Records of Criminal History. The hearing examiner shall notify the person of his decision within 5 days after the date on which the decision is rendered. A failure of a person to appear at a hearing conducted pursuant to this section shall be deemed to be an admission that the findings of the hearing examiner are well founded.
20. If, after conducting the hearing prescribed in subsection 19, the hearing examiner renders a decision that the person who is the subject of the hearing:
(a) Is not in compliance with the provisions of chapter 179D of NRS, the Board shall, notwithstanding any other provisions of this section:
(1) Suspend the registration of the person as a gaming employee;
(2) Notify the person to contact the Central Repository for Nevada Records of Criminal History to determine the actions that he must take to be in compliance with the provisions of chapter 179D of NRS; and
(3) Notify the licensee for which the person is employed as a gaming employee, in the manner prescribed in subsection 21, that the Board has suspended the registration of the person as a gaming employee and that the licensee must immediately terminate the person from employment or reassign him to a position that does not require registration as a gaming employee.
(b) Is in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person and the Central Repository for Nevada Records of Criminal History, in the manner prescribed in subsection 21, of the findings of the hearing examiner.
κ2005 Statutes of Nevada, Page 2886 (CHAPTER 507, SB 341)κ
21. Notice as provided pursuant to subsections 18, 19 and 20 is sufficient if it is mailed to the persons last known address as indicated on the most recent application for registration as a gaming employee or the record of the hearing, or to the person at his place of gaming employment. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
22. The Board shall remove a suspension entered in accordance with subsection 20 and reinstate the registration of a person as a gaming employee upon receipt of verifiable documentation confirming that the person is currently in compliance with the provisions of chapter 179D of NRS.
Sec. 38. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall not issue a drivers license, commercial drivers license or identification card to an offender or renew the drivers license, commercial drivers license or identification card of an offender until the Department has received information submitted by the Central Repository pursuant to section 22 of this act or other satisfactory evidence indicating that the offender is in compliance with the provisions of chapter 179D of NRS.
2. If an offender is not in compliance with the provisions of chapter 179D of NRS, the Department:
(a) Shall not issue a drivers license, commercial drivers license or identification card to the offender or renew the drivers license, commercial drivers license or identification card of the offender; and
(b) Shall advise the offender to contact the Central Repository to determine the actions that the offender must take to be in compliance with the provisions of chapter 179D of NRS.
3. A drivers license, commercial drivers license or identification card issued to an offender expires on the first anniversary date of the offenders birthday, measured in the case of an original license or identification card, a renewal license or identification card and a renewal of an expired license or identification card, from the birthday nearest the date of issuance or renewal.
4. The Department may adopt regulations to carry out the provisions of this section.
5. As used in this section:
(a) Central Repository means the Central Repository for Nevada Records of Criminal History.
(b) Offender includes an offender convicted of a crime against a child as defined in NRS 179D.216 and a sex offender as defined in NRS 179D.400.
Sec. 39. NRS 483.250 is hereby amended to read as follows:
483.250 The Department shall not issue any license pursuant to the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 18 years, except that the Department may issue:
(a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.
κ2005 Statutes of Nevada, Page 2887 (CHAPTER 507, SB 341)κ
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.
(d) Except as otherwise provided in paragraph (e), a license to a person between the ages of 15 3/4 and 18 years if:
(1) He has completed a course:
(I) In automobile driver education pursuant to NRS 389.090; or
(II) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;
(2) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280;
(3) His parent or legal guardian signs and submits to the Department a form provided by the Department which attests that the person who wishes to obtain the license has completed the training and experience required by subparagraphs (1) and (2); and
(4) He has held an instruction permit for at least:
(I) Ninety days before he applies for the license, if he was under the age of 16 years at the time he obtained the instruction permit;
(II) Sixty days before he applies for the license, if he was at least 16 years of age but less than 17 years of age at the time he obtained the instruction permit; or
(III) Thirty days before he applies for the license, if he was at least 17 years of age but less than 18 years of age at the time he obtained the instruction permit.
(e) A license to a person who is between the ages of 15 3/4 and 18 years if:
(1) The public school in which he is enrolled is located in a county whose population is less than 50,000 or in a city or town whose population is less than 25,000;
(2) The public school does not offer automobile driver education;
(3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280;
(4) His parent or legal guardian signs and submits to the Department a form provided by the Department which attests that the person who wishes to obtain the license has completed the experience required by subparagraph (3); and
(5) He has held an instruction permit for at least:
(I) Ninety days before he applies for the license, if he was under the age of 16 years at the time he obtained the instruction permit;
(II) Sixty days before he applies for the license, if he was at least 16 years of age but less than 17 years of age at the time he obtained the instruction permit; or
(III) Thirty days before he applies for the license, if he was at least 17 years of age but less than 18 years of age at the time he obtained the instruction permit.
κ2005 Statutes of Nevada, Page 2888 (CHAPTER 507, SB 341)κ
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but upon good cause shown to the Administrator, the Department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the Administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.
7. To any person who is not a resident of this State.
8. To any child who is the subject of a court order issued pursuant to title 5 of NRS which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
10. To any person who is not eligible for the issuance of a license pursuant to section 38 of this act.
Sec. 40. NRS 483.380 is hereby amended to read as follows:
483.380 1. Except as otherwise provided in NRS 483.247 [,] and section 38 of this act, every drivers license expires on the fourth anniversary of the licensees birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.
2. Every license is renewable at any time before its expiration upon application and payment of the required fee.
3. The Department may, by regulation, defer the expiration of the drivers license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The Department may similarly defer the expiration of the license of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.
Sec. 41. NRS 483.820 is hereby amended to read as follows:
483.820 1. A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, and who is not ineligible to receive an identification card pursuant to section 38 of this act, is entitled to receive an identification card if he is:
(a) A resident of this State and is 10 years of age or older and does not hold a valid drivers license or identification card from any state or jurisdiction; or
(b) A seasonal resident who does not hold a valid Nevada drivers license.
2. The Department shall charge and collect the following fees for the issuance of an original, duplicate or changed identification card:
κ2005 Statutes of Nevada, Page 2889 (CHAPTER 507, SB 341)κ
An original or duplicate identification card issued to a person 65 years of age or older $4
An original or duplicate identification card issued to a person under 18 years of age 3
A renewal of an identification card for a person under 18 years of age......... 3
An original or duplicate identification card issued to any other person........... 9
A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age.......................................................................................................... 9
A new photograph or change of name, or both................................................... 4
3. The Department shall not charge a fee for:
(a) An identification card issued to a person who has voluntarily surrendered his drivers license pursuant to NRS 483.420; or
(b) A renewal of an identification card for a person 65 years of age or older.
4. The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.
5. As used in this section, photograph has the meaning ascribed to it in NRS 483.125.
Sec. 42. NRS 483.875 is hereby amended to read as follows:
483.875 1. Except as otherwise provided in NRS 483.870 [,] and section 38 of this act, an identification card and a renewal of an identification card issued pursuant to NRS 483.810 to 483.890, inclusive, expires on the fourth anniversary of the birthday of the holder of the identification card, measured from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.810 to 483.890, inclusive, considered to have the anniversary of his birth fall on February 28.
2. An identification card is renewable at any time before its expiration upon application and payment of the required fee.
Sec. 43. NRS 483.928 is hereby amended to read as follows:
483.928 A person who wishes to be issued a commercial drivers license by this State must:
1. Apply to the Department for a commercial drivers license;
2. In accordance with standards contained in regulations adopted by the Department:
(a) Pass a knowledge test for the type of motor vehicle he operates or expects to operate; and
(b) Pass a driving skills test for driving a commercial motor vehicle taken in a motor vehicle which is representative of the type of motor vehicle he operates or expects to operate;
3. Comply with all other requirements contained in the regulations adopted by the Department pursuant to NRS 483.908; [and]
4. Not be ineligible to be issued a commercial drivers license pursuant to section 38 of this act; and
5. For the issuance of a commercial drivers license with an endorsement for hazardous materials, submit a complete set of fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and all applicable federal agencies to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.
κ2005 Statutes of Nevada, Page 2890 (CHAPTER 507, SB 341)κ
background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.
Sec. 44. NRS 179B.080 is hereby repealed.
Sec. 44.5. The amendatory provisions of section 34.5 of this act apply to any person who is subject to the provisions of NRS 213.1214 on or after July 1, 2005, whether or not the person was convicted before, on or after July 1, 2005.
Sec. 45. 1. This section and sections 3, 4, 27 to 36, inclusive, and 44.5 of this act become effective on July 1, 2005.
2. Sections 1, 2, 5 to 26, inclusive, and 37 to 44, inclusive, of this act become effective on July 1, 2006.
________
Senate Bill No. 426Committee on Government Affairs
CHAPTER 508
AN ACT relating to public financial administration; revising the provisions regarding the payment of prevailing wages on projects of the Nevada System of Higher Education; providing that certain documents furnished to a public body may be transmitted and stored electronically; requiring that annual energy savings resulting from energy retrofit projects meet or exceed the total annual contract payments; revising the provisions governing performance contracts for operating cost-savings measures in buildings occupied by state agencies; authorizing the issuance of refunding obligations relating to such performance contracts; authorizing the Nevada System of Higher Education for a temporary period to enter into installment-purchase and lease-purchase agreements under certain circumstances; clarifying the applicability of the provisions concerning prevailing wages to installment-purchase and lease-purchase agreements that involve improvements; creating an advisory group to conduct an interim study concerning installment-purchase and lease-purchase agreements; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of this section and NRS 338.013 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in subsection 15 of NRS 338.010.
Sec. 2. (Deleted by amendment.)
κ2005 Statutes of Nevada, Page 2891 (CHAPTER 508, SB 426)κ
Sec. 3. NRS 338.050 is hereby amended to read as follows:
338.050 For the purpose of NRS 338.010 to 338.090, inclusive, and section 1 of this act, except as otherwise provided by specific statute, every workman who performs work for a public work covered by a contract therefor is subject to all of the provisions of NRS 338.010 to 338.090, inclusive, and section 1 of this act, regardless of any contractual relationship alleged to exist between such workman and his employer.
Sec. 4. NRS 338.140 is hereby amended to read as follows:
338.140 1. A public body shall not draft or cause to be drafted specifications for bids, in connection with a public work:
(a) In such a manner as to limit the bidding, directly or indirectly, to any one specific concern.
(b) Except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words or equal so that bidders may furnish any equal material, product, thing or service.
(c) In such a manner as to hold the bidder to whom such contract is awarded responsible for extra costs incurred as a result of errors or omissions by the public body in the contract documents.
(d) In such a manner as to require a bidder to furnish to the public body, whether before or after the bid is submitted, documents generated in the preparation or determination of prices included in the bid, except when requested by the public body for:
(1) A determination of the price of additional work performed pursuant to a change order;
(2) An evaluation of claims for costs incurred for the performance of additional work;
(3) Preparation for arbitration or litigation; or
(4) Any combination thereof.
Κ A document furnished to a public body pursuant to this paragraph is confidential and must be returned to the bidder. Any document furnished to a public body by a bidder pursuant to this paragraph may be transmitted and stored electronically if the manner of transmission ensures that the documents are exclusively accessible to the bidder. Electronic transmission and storage of such documents does not waive or otherwise affect the proprietary interests of the bidder in the documents.
2. In those cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the public body, it may list only one.
3. Specifications must provide a period of time of at least 7 days after award of the contract for submission of data substantiating a request for a substitution of an equal item.
Sec. 5. NRS 338.1906 is hereby amended to read as follows:
338.1906 1. Upon request by or consultation with an officer or employee of the State who is responsible for the budget of a department, board, commission, agency or other entity of the State, the appropriate energy retrofit coordinator may request the approval of the State Board of Examiners to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission, agency or other entity, to make the use of energy in the building, or portion thereof, more efficient.
κ2005 Statutes of Nevada, Page 2892 (CHAPTER 508, SB 426)κ
agency or other entity, to make the use of energy in the building, or portion thereof, more efficient.
2. Upon approval of the State Board of Examiners, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:
(a) The name and location of the coordinator;
(b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;
(c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;
(d) The date and time not later than which proposals must be received by the coordinator; and
(e) The date and time when responses will be opened.
3. The request for proposals must be published in at least one newspaper of general circulation in the State.
4. After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:
(a) The best interests of the State;
(b) The experience and financial stability of the persons submitting the proposals;
(c) Whether the proposals conform with the terms of the request for proposals;
(d) The prices of the proposals; and
(e) Any other factor disclosed in the request for proposals.
5. The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.
6. After reviewing the proposals, if the coordinator determines that [sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof,] the dollar value of the annual energy savings resulting from the retrofit will meet or exceed the total annual contract payments to be made by the State, including any financing charges to be incurred by the State over the life of the contract, the coordinator shall select the best proposal and request the approval of the State Board of Examiners to award the contract. The request for approval must include the proposed method of financing the audit and retrofit, which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the State to make payments beyond the biennium in which the contract is executed, but the interest due on any debt created pursuant to this section must be paid at least semiannually, payments must be made on the principal at least annually and the debt must be fully repaid on or before May 1, 2013.
7. Before approving a retrofit pursuant to this section, the State Board of Examiners shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the State to make payments beyond the biennium in which the contract is executed to ensure that:
(a) The [amount of energy to be saved will likely justify the cost] dollar value of the annual energy savings resulting from the retrofit [;] will meet or exceed the total annual contract payments to be made by the State, including any financing charges to be incurred by the State over the life of the contract;
κ2005 Statutes of Nevada, Page 2893 (CHAPTER 508, SB 426)κ
including any financing charges to be incurred by the State over the life of the contract;
(b) The State is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings; and
(c) The limitation set forth in subsection 9 will not be exceeded.
8. Upon approval of the State Board of Examiners, the coordinator shall execute the contract and notify:
(a) The State Board of Examiners of the total amount of money committed by the contract per year; and
(b) Each officer or employee who is responsible for the budget of a department, board, commission, agency or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.
9. The total amount of money committed beyond the biennium for all contracts executed pursuant to this section must not exceed $15,000,000 at any one time.
10. The Legislature hereby pledges that a tax will be levied to pay the principal and interest on any indebtedness resulting from a contract executed pursuant to this section as they become due if the required payments will not be made by the entity that executed the contract from its budgeted accounts and the proceeds from any such taxes are hereby specially appropriated for this purpose.
11. A change order to a contract executed pursuant to this section may not be approved by the State if the cost of the change order would cause the dollar value of the annual energy savings resulting from the retrofit to be less than the total annual contract payments to be made by the State, including any financing charges to be incurred by the State over the life of the contract, unless approval of the change order is more economically feasible than termination of the retrofit.
12. NRS 338.1385 does not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.
Sec. 6. NRS 338.1907 is hereby amended to read as follows:
338.1907 1. A governing body may designate one or more energy retrofit coordinators for the buildings occupied by the local government.
2. If such a coordinator is designated, upon request by or consultation with an officer or employee of the local government who is responsible for the budget of a department, board, commission or other entity of the local government, the coordinator may request the approval of the governing body to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission or other entity, to make the use of energy in the building, or portion thereof, more efficient.
3. Upon approval of the governing body, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:
(a) The name and location of the coordinator;
(b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;
(c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;
κ2005 Statutes of Nevada, Page 2894 (CHAPTER 508, SB 426)κ
(d) The date and time not later than which proposals must be received by the coordinator; and
(e) The date and time when responses will be opened.
4. The request for proposals must be published in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county where the public work will be performed.
5. After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:
(a) The best interests of the local government;
(b) The experience and financial stability of the persons submitting the proposals;
(c) Whether the proposals conform with the terms of the request for proposals;
(d) The prices of the proposals; and
(e) Any other factor disclosed in the request for proposals.
6. The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.
7. After reviewing the proposals, if the coordinator determines that [sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof,] the dollar value of the annual energy savings resulting from the retrofit will meet or exceed the total annual contract payments to be made by the local government, including any financing charges to be incurred by the local government over the life of the contract, the coordinator shall select the best proposal and request the approval of the governing body to award the contract. The request for approval must include the proposed method of financing the audit and retrofit, which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body, or both.
8. Before approving a retrofit pursuant to this section, the governing body shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body to ensure that:
(a) The [amount of energy to be saved will likely justify the cost] dollar value of the annual energy savings resulting from the retrofit [;] will meet or exceed the total annual contract payments to be made by the local government related to the retrofit, including any financing charges to be incurred by the local government over the life of the contract; and
(b) The local government is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings.
9. Upon approval of the governing body, the coordinator shall execute the contract and notify each officer or employee who is responsible for the budget of a department, board, commission or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.
κ2005 Statutes of Nevada, Page 2895 (CHAPTER 508, SB 426)κ
portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.
10. A change order to a contract executed pursuant to this section may not be approved by the local government if the cost of the change order would cause the dollar value of the annual energy savings resulting from the retrofit to be less than the total annual contract payments to be made by the local government, including financing charges to be incurred by the local government over the life of the contract, unless approval of the change order is more economically feasible than termination of the retrofit.
11. NRS 338.1385 and 338.143 do not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.
Sec. 7. Chapter 333A of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 22, inclusive, of this act.
Sec. 8. Board means:
1. If the using agency that enters into a performance contract is the University and Community College System of Nevada, the Board of Regents of the University of Nevada; or
2. For any other using agency that enters into a performance contract, the State Board of Examiners.
Sec. 9. 1. Notwithstanding any provision of chapter 333 of NRS, NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act, and chapter 338 of NRS to the contrary, a using agency may enter into a performance contract with a qualified service company for the purchase and installation of one or more operating cost-savings measures to reduce costs related to energy, water and the disposal of waste, and related labor costs.
2. Any operating cost-savings measures put into place as a result of a performance contract must comply with all applicable building codes.
Sec. 10. 1. The Purchasing Division of the Department of Administration shall work directly with any using agency interested in entering into a performance contract, using the list of qualified service companies compiled by the State Public Works Board pursuant to NRS 333A.080. The Purchasing Division, in conjunction with the using agency, shall ensure that each appropriate qualified service company is notified of the using agencys interest in entering into a performance contract and coordinate an opportunity for each such qualified service company to:
(a) Visit the site pertaining to which the using agency wishes to enter into a performance contract;
(b) Perform a comprehensive audit in the manner prescribed in section 11 of this act; and
(c) Submit a proposal, including, without limitation, the comprehensive audit, and make a related presentation to the using agency for all operating cost-savings measures that the qualified service company determines would be practicable to implement.
2. The using agency shall:
(a) Evaluate the proposals and presentations made pursuant to subsection 1;
(b) Evaluate the financial stability of the qualified service companies that made proposals and presentations pursuant to subsection 1 based on the financial statements and ratings of the qualified service companies; and
κ2005 Statutes of Nevada, Page 2896 (CHAPTER 508, SB 426)κ
the financial statements and ratings of the qualified service companies; and
(c) Select a qualified service company,
Κ pursuant to the provisions of NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act, and any regulations adopted pursuant thereto, for evaluating and awarding contracts.
3. A qualified service company selected by a using agency pursuant to subsection 2 shall prepare a financial-grade operational audit, which must include, without limitation:
(a) A detailed explanation of the operating cost savings that will result from the performance contract; and
(b) A comparison of the costs of implementing the operating cost-savings measures to the operating cost savings that are anticipated as a result of the performance contract.
4. Except as otherwise provided in this subsection, the financial-grade operational audit prepared by the qualified service company pursuant to subsection 3 becomes, upon acceptance, a part of the final performance contract and the costs incurred by the qualified service company in preparing the financial-grade operational audit shall be deemed to be part of the performance contract. If, after the financial-grade operational audit is prepared, the using agency decides not to execute the performance contract, the using agency shall pay the qualified service company that prepared the financial-grade operational audit the costs incurred by the qualified service company in preparing the financial-grade operational audit, if the Legislature has specifically appropriated money for that purpose. An appropriation by the Legislature for the purchase and installation of an operating cost-savings measure creates no presumption that the using agency for which the money was appropriated is required to enter into such a performance contract.
Sec. 11. 1. Each comprehensive audit performed pursuant to paragraph (b) of subsection 1 of section 10 of this act must include, without limitation:
(a) An assessment of any operating cost-savings measure that might be implemented within the building of the using agency, including, without limitation, any operating cost-savings measure specifically requested by the using agency;
(b) An estimate of the costs associated with implementing an operating cost-savings measure described in paragraph (a);
(c) A comparison of the energy and water consumption in the building of the using agency to the energy and water consumption in similar buildings; and
(d) A report that compares the current pattern of the costs to the using agency associated with energy consumption, water consumption and the disposal of waste, and related labor costs, to the projected costs if the using agency implements operating cost-savings measures.
2. A comprehensive audit must be based on:
(a) A review and analysis of the historical energy and water usage of the using agency; and
(b) Surveys, plans, specifications or drawings that provide details of the structure or design of the building of the using agency.
κ2005 Statutes of Nevada, Page 2897 (CHAPTER 508, SB 426)κ
3. The using agency shall provide to each qualified service company that intends to perform a comprehensive audit the records of the energy and water consumption of the building.
Sec. 12. 1. A using agency that selects a qualified service company pursuant to section 10 of this act shall retain the professional services of a third-party consultant to work on behalf of the using agency in coordination with the qualified service company.
2. A third-party consultant retained pursuant to subsection 1 must be certified by the Association of Energy Engineers as a Certified Energy Manager or hold similar credentials from a comparable nationally recognized organization.
3. The duties of a third-party consultant retained pursuant to subsection 1 may include, without limitation:
(a) Assisting the using agency in reviewing the operating cost-savings measures proposed by the qualified service company;
(b) Overseeing the construction of the operating cost-savings measures; and
(c) Monitoring the operating cost savings after the construction of the operating cost-savings measures is completed.
4. The Purchasing Division of the Department of Administration may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant out of the proceeds relating to the performance contract. A qualified service company shall not pay a third-party consultant directly for the work described in subsection 3.
5. A third-party consultant retained pursuant to subsection 1 may recommend that the using agency not execute the performance contract. If the using agency does not execute the performance contract, the using agency shall pay the third-party consultant a pre-negotiated fee based on the work completed by the third-party consultant.
Sec. 13. In connection with any installment-purchase contract or lease-purchase contract entered into to finance a performance contract, the Board may:
1. Grant a security interest in any property that is the subject of the installment-purchase contract or lease-purchase contract and execute an instrument to evidence such a security interest, including, without limitation, a deed of trust, a leasehold interest deed of trust, a mortgage or a financing agreement.
2. Offer certificates of participation.
3. If the installment-purchase contract or lease-purchase contract involves an improvement to property owned by the State of Nevada or the using agency, enter into a lease of the property to which the improvement will be made and any property that is adjacent to that property if the installment-purchase contract or lease-purchase contract:
(a) Except as otherwise provided in section 20 of this act, has a term of not more than 15 years beyond the date on which construction of the work required by the installment-purchase contract or lease-purchase contract is completed; and
(b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the Board at the time the parties enter into the lease, which must be paid if the installment-purchase contract or lease-purchase contract terminates before the expiration of the lease because the Legislature fails to appropriate money for payments due pursuant to the installment-purchase contract or lease-purchase contract.
κ2005 Statutes of Nevada, Page 2898 (CHAPTER 508, SB 426)κ
appropriate money for payments due pursuant to the installment-purchase contract or lease-purchase contract.
Κ A lease entered into pursuant to this subsection may provide for nominal rental payments to be paid pursuant to the lease before the installment-purchase contract or lease-purchase contract terminates.
4. Enter into any other agreement, contract or arrangement that the Board determines would be beneficial to the purpose of the installment-purchase contract or lease-purchase contract, including, without limitation, contracts for professional services, trust indentures, paying agent agreements and contracts of insurance.
Sec. 14. For the period during which an installment-purchase contract or lease-purchase contract that was entered into to finance a performance contract is in effect, the property that is the subject of the installment-purchase contract or lease-purchase contract:
1. Is exempt from ad valorem property taxation by this State and its political subdivisions if:
(a) An improvement is being constructed on the property pursuant to the installment-purchase contract or lease-purchase contract; or
(b) This State or a using agency is in possession of the property.
2. Shall be deemed to be the property of this State or the using agency that is a party to the installment-purchase contract or lease-purchase contract for the purposes of statutory limits on damages that may be awarded against this State, including, without limitation, the limits in chapter 41 of NRS, with respect to any action or claim, including a claim for civil damages, that arises from or is related to the property and is brought by a person who is not a party to the installment-purchase contract or lease-purchase contract if:
(a) An improvement is being constructed on the property pursuant to the installment-purchase contract or lease-purchase contract; or
(b) This State or the using agency is in possession of the property.
Sec. 15. Any obligations of this State issued in accordance with NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act may be refunded on behalf of the State by the Board without the necessity of the refunding obligations being authorized by NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act, by the adoption of a resolution by the Board authorizing the issuance of obligations to refund, pay and discharge all or any part of such outstanding obligations of any one or more or all outstanding issues:
1. For the acceleration, deceleration or other modification of the payment of such obligations, including, without limitation, any interest on such obligations that is in arrears or about to become due for any period not exceeding 3 years after the date of the issuance of the refunding obligations, unless the capitalization of interest on obligations constituting an indebtedness increases the debt of the State in excess of the limitation set forth in Section 3 of Article 9 of the Nevada Constitution.
2. For the purpose of reducing interest costs or effecting other economies.
3. For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional obligations, otherwise concerning the outstanding obligations, or otherwise relating to any operating cost-savings measure appertaining thereto.
κ2005 Statutes of Nevada, Page 2899 (CHAPTER 508, SB 426)κ
4. For any combination of the purposes set forth in subsections 1, 2 and 3.
Sec. 16. 1. Except as otherwise provided in sections 15 to 20, inclusive, of this act, the proceeds of refunding obligations issued pursuant to section 15 of this act must be immediately applied to the retirement of the obligations to be refunded or be placed in escrow or trust in any trust bank or trust banks within or without or both within and without this State to be applied to the payment of the refunded obligations or the refunding obligations, or both, upon their presentation for payment to the extent, in such priority and otherwise in the manner which the using agency may determine.
2. The incidental costs of refunding obligations may be paid by the purchaser of the refunding obligations or be defrayed from any revenues in the State General Fund, subject to appropriations for such revenues as otherwise provided by law, or other available revenues of the State under the control of the Board or from the proceeds of the refunding obligations, or from the interest or other yield derived from the investment of the proceeds of any refunding obligations or other money in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the using agency may determine.
3. Any accrued interest and any premium appertaining to a sale of refunding obligations may be applied to the payment of the interest on or principal of those refunding obligations, or both, or may be deposited in a reserve therefor, or may be used to refund obligations by deposit in escrow, trust or otherwise, or may be used to defray any incidental costs appertaining to the refunding, or any combination thereof, as the using agency may determine, but in no event by the incurrence of additional debt in excess of the limitation on state debt set forth in Section 3 of Article 9 of the Nevada Constitution.
Sec. 17. 1. Any escrow or trust into which the proceeds of refunding obligations are placed pursuant to section 16 of this act must not necessarily be limited to proceeds of refunding obligations but may include other money available for its purpose.
2. Any proceeds of refunding obligations placed in escrow or trust, pending such use, may be invested or reinvested in federal securities, and in the case of an escrow or trust for the refunding of outstanding obligations issued in accordance with sections 15 to 20, inclusive, of this act in other securities issued by the Federal Government if the resolution by the Board authorizing the issuance of such outstanding state securities or any trust indenture or other proceedings appertaining thereto expressly allows any such investment or reinvestment in such securities issued by the Federal Government other than federal securities.
3. A trust bank accounting for federal securities and other securities issued by the Federal Government in such escrow or trust may place the securities for safekeeping wholly or in part in any trust bank or trust banks within or without or both within and without this State.
4. A trust bank shall continuously secure any money placed in escrow or trust and not so invested or reinvested in federal securities and other securities issued by the Federal Government by a pledge in any trust bank or trust banks within or without or both within and without the State of federal securities in an amount at all times at least equal to the total uninvested amount of such money accounted for in such escrow or trust.
κ2005 Statutes of Nevada, Page 2900 (CHAPTER 508, SB 426)κ
5. Such proceeds and investments in escrow or trust, together with any interest or other gain to be derived from any such investment, must be in an amount at all times at least sufficient to pay principal, interest, any prior redemption premiums due, and any charges of the escrow agent or trustee and any other incidental expenses payable therefrom, except to the extent provision may have been previously otherwise made therefor, as such obligations become due at their respective maturities or due at designated prior redemption date or dates in connection with which the using agency has exercised or is obligated to exercise a prior redemption option on behalf of the State.
6. The computations made in determining such sufficiency must be verified by a certified public accountant licensed to practice in this State or in any other state.
7. Any purchaser of any refunding obligation issued pursuant to sections 15 to 20, inclusive, of this act is not responsible for the application of the proceeds of the refunding obligation by the State, the Board, the using agency or any of the officers, agents or employees of the State.
8. As used in this section, federal securities means bills, notes, certificates of indebtedness, bonds or other similar securities which are direct obligations of the United States or which are unconditionally guaranteed as to payment, both of principal and of interest, by the United States.
Sec. 18. Obligations for refunding and obligations for any other purpose authorized pursuant to sections 15 to 20, inclusive, of this act or by any other law may be issued separately or issued in combination in one series or more by the State in accordance with the provisions of sections 15 to 20, inclusive, of this act.
Sec. 19. Except as otherwise provided in sections 15 to 20, inclusive, of this act, the relevant provisions elsewhere herein appertaining generally to the issuance of obligations to defray the cost of any operating cost-savings measure are equally applicable in the authorization and issuance of refunding obligations, including, without limitation, their terms and security, the covenants and other provisions of the resolution authorizing the issuance of the obligations, or other instrument or proceedings appertaining thereto, and other aspects of the obligations.
Sec. 20. 1. An obligation may not be refunded pursuant to sections 15 to 20, inclusive, of this act unless the holder of the obligation voluntarily surrenders the obligation for exchange or payment, or unless the obligation matures or is callable for prior redemption under its terms within 25 years after the date of issuance of the refunding obligations. Provision must be made for paying the securities within that period.
2. The maturity of any obligation refunded may not be extended beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later.
3. The principal amount of the refunding obligations may:
(a) Exceed the principal amount of the refunded obligations; or
(b) Be less than or equal to the principal amount of the obligations being refunded if provision is duly and sufficiently made for their payment.
Sec. 21. The determination of the using agency that the limitations imposed upon the issuance of obligations pursuant to NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act, including, without limitation, any obligations for funding or refunding obligations, have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing resolution or the obligations authorized by that resolution contain a recital as authorized by section 22 of this act.
κ2005 Statutes of Nevada, Page 2901 (CHAPTER 508, SB 426)κ
have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing resolution or the obligations authorized by that resolution contain a recital as authorized by section 22 of this act.
Sec. 22. A resolution providing for the issuance of a performance contract, including, without limitation, an installment-purchase contract or lease-purchase contract or other proceedings appertaining thereto, may provide that the obligations contain a recital that the obligations are issued pursuant to NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act, which recital is conclusive evidence of the validity of the obligations.
Sec. 23. NRS 333A.010 is hereby amended to read as follows:
333A.010 As used in NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 333A.020 to 333A.070, inclusive, and section 8 of this act have the meanings ascribed to them in those sections.
Sec. 24. NRS 333A.080 is hereby amended to read as follows:
333A.080 1. [Notwithstanding any provision of this chapter and chapters 333 and 338 of NRS to the contrary, a using agency may enter into a performance contract with a qualified service company for the purchase and installation of an operating cost-savings measure to reduce costs related to energy, water and the disposal of waste, and related labor costs. Such a performance contract may be in the form of an installment payment contract or a lease-purchase contract that is subject to the provisions of NRS 353.500 to 353.630, inclusive. Any operating cost-savings measures put into place as a result of a performance contract must comply with all applicable building codes.
2.] The State Public Works Board shall determine those companies that satisfy the requirements of qualified service companies for the purposes of NRS 333A.010 to 333A.150, inclusive [.] , and sections 8 to 22, inclusive, of this act. In making such a determination, the State Public Works Board shall enlist the assistance of the staffs of the Office of Energy within the Office of the Governor, the Buildings and Grounds Division of the Department of Administration and the Purchasing Division of the Department of Administration. The State Public Works Board shall prepare and issue a request for qualifications to not less than three potential qualified service companies.
[3.] 2. In sending out a request for qualifications, the State Public Works Board:
(a) Shall attempt to identify at least one potential qualified service company located within this State; and
(b) May consider whether and to what extent the companies to which the request for qualifications will be sent will use local contractors.
[4.] 3. The State Public Works Board shall [use objective] adopt, by regulation, criteria to determine those companies that satisfy the requirements of qualified service companies. The [objective] criteria for evaluation must include , without limitation, the following areas as substantive factors to assess the capability of such companies:
(a) Design;
(b) Engineering;
(c) Installation;
(d) Maintenance and repairs associated with performance contracts;
κ2005 Statutes of Nevada, Page 2902 (CHAPTER 508, SB 426)κ
(e) Experience in conversions to different sources of energy or fuel and other services related to operating cost-savings measures provided that is done in association with a comprehensive energy, water or waste disposal cost-savings retrofit;
(f) Monitoring projects after the projects are installed;
(g) Data collection and reporting of savings;
(h) Overall project experience and qualifications;
(i) Management capability;
(j) Ability to access long-term financing;
(k) Experience with projects of similar size and scope; and
(l) Such other factors determined by the State Public Works Board to be relevant and appropriate to the ability of a company to perform the [project.] projects.
Κ In determining whether a company satisfies the requirements of a qualified service company, the State Public Works Board shall also consider [the financial health of the company as evidenced by its financial statements and ratings and] whether the company holds the appropriate licenses required for the design, engineering and construction which would be completed pursuant to a performance contract.
[5.] 4. The State Public Works Board shall compile a list of those companies that it determines satisfy the requirements of qualified service companies. [The Purchasing Division of the Department of Administration shall work directly with any using agency interested in entering into a performance contract, using the list of qualified service companies compiled by the State Public Works Board. The Purchasing Division, in conjunction with the using agency, shall ensure that each appropriate qualified service company is notified of the using agencys interest in entering into a performance contract and coordinate an opportunity for each such qualified service company to:
(a) Perform a preliminary and comprehensive audit and assessment of all potential operating cost-savings measures that might be implemented within the buildings of the using agency, including any operating cost-savings measures specifically requested by the using agency; and
(b) Submit a proposal and make a related presentation to the using agency for all such operating cost-savings measures that the qualified service company determines would be practicable to implement.
6. The using agency shall:
(a) Evaluate the proposals and presentations made pursuant to subsection 5; and
(b) Select a qualified service company,
Κ pursuant to the provisions of this chapter and chapter 333 of NRS, and any regulations adopted pursuant thereto, for evaluating and awarding contracts.
7. A qualified service company selected by a using agency pursuant to subsection 6 shall prepare a financial-grade operational audit. Except as otherwise provided in this subsection, the audit prepared by the qualified service company becomes, upon acceptance, a part of the final performance contract and the costs incurred by the qualified service company in preparing the audit shall be deemed to be part of the performance contract. If, after the audit is prepared, the using agency decides not to execute the performance contract, the using agency shall pay the qualified service company that prepared the audit the costs incurred by the qualified service company in preparing the audit, if the Legislature has specifically appropriated money for that purpose.
κ2005 Statutes of Nevada, Page 2903 (CHAPTER 508, SB 426)κ
that purpose. An appropriation by the Legislature for the purchase and installation of an operating cost-savings measure creates no presumption that the using agency for which the money was appropriated is required to enter into such a contract.
8. The using agency shall retain the professional services of a third-party consultant with the requisite technical expertise to assist the using agency in reviewing the operating cost-savings measures proposed by the qualified service company. The Purchasing Division of the Department of Administration may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant. Such a third-party consultant must be certified by the Association of Energy Engineers as a Certified Energy Manager or hold similar credentials from a comparable nationally recognized organization. A third-party consultant retained pursuant to this subsection shall work on behalf of the using agency in coordination with the qualified service company.]
Sec. 25. NRS 333A.090 is hereby amended to read as follows:
333A.090 1. Any financing related to a performance contract must be approved by the Board.
2. A performance contract may be financed through [a] :
(a) A person other than the qualified service company.
[2.] (b) An installment-purchase contract or lease-purchase contract. Such an installment-purchase contract or lease-purchase contract is not subject to:
(1) The provisions of NRS 353.500 to 353.630, inclusive.
(2) Any requirement of competitive bidding or other restriction imposed on the procedure for the awarding of contracts or the procurement of goods or services.
3. A performance contract may be structured as:
(a) A performance contract that guarantees operating cost savings, which includes, without limitation, the design and installation of equipment, the operation and maintenance, if applicable, of any of the operating cost-savings measures and the guaranteed annual savings which must meet or exceed the total annual contract payments to be made by the using agency, including , without limitation, any financing charges to be incurred by the using agency over the life of the performance contract. The using agency may require that these savings be verified [annually or over] :
(1) When the work required by the performance contract is completed and 1 year after that work is completed; or
(2) Over a sufficient period that demonstrates savings.
(b) A shared-savings contract which includes provisions mutually agreed upon by the using agency and qualified service company as to the negotiated rate of payments based upon operating cost savings and a stipulated maximum consumption level of energy or water, or both energy and water, over the life of the contract.
4. The annual operating cost savings resulting from a performance contract must meet or exceed the total annual contract payments to be made by the using agency, including any financing charges to be incurred by the using agency over the life of the performance contract.
5. A change order to a performance contract executed pursuant to NRS 333A.080 may not be approved by the using agency if the cost of the change order would cause the annual operating cost savings resulting from the performance contract to be less than the total annual contract payments to be made by the using agency, including any financing charges to be incurred by the using agency over the life of the performance contract, unless approval of the change order is more economically feasible than termination of the operating cost-savings measure.
κ2005 Statutes of Nevada, Page 2904 (CHAPTER 508, SB 426)κ
payments to be made by the using agency, including any financing charges to be incurred by the using agency over the life of the performance contract, unless approval of the change order is more economically feasible than termination of the operating cost-savings measure.
Sec. 26. NRS 333A.100 is hereby amended to read as follows:
333A.100 1. Notwithstanding any provision of NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act to the contrary, a performance contract entered into pursuant to NRS 333A.010 to 333A.150, inclusive, and sections 8 to 22, inclusive, of this act does not create a debt for the purposes of Section 3 of Article 9 of the Nevada Constitution.
2. Except as otherwise provided in this section, the term of a performance contract may extend beyond the biennium in which the contract is executed, provided that the performance contract contains a provision which states that all obligations of the State under the performance contract are extinguished at the end of any fiscal year if the Legislature fails to provide an appropriation to the using agency for the ensuing fiscal year for payments to be made under the performance contract. If the Legislature fails to appropriate money to a using agency for a performance contract, there is no remedy against the State, except that if a security interest in any property was created pursuant to the performance contract, the holder of such a security interest may enforce the security interest against that property. [The] Except as otherwise provided in section 20 of this act, the term of a performance contract must not exceed 15 years [.] after the date on which the work required by the performance contract is completed.
3. The length of a performance contract may reflect the useful life of the operating cost-savings measure being installed or purchased under the performance contract.
Sec. 27. NRS 333A.130 is hereby amended to read as follows:
333A.130 1. During the term of a performance contract, the qualified service company shall monitor the reductions in energy or water consumption and other operating cost savings attributable to the operating cost-savings measure purchased or installed under the performance contract, and shall [, at least once a year or at such other intervals specified in the performance contract,] prepare and provide a report to the using agency documenting the performance of the operating cost-savings measures [.] :
(a) At the time that the work required by the performance contract is completed and 1 year after that work is completed; or
(b) At such other intervals as specified in the performance contract.
2. A qualified service company and the using agency may agree to make modifications in the calculation of savings based on:
(a) Subsequent material changes to the baseline consumption of energy or water identified at the beginning of the term of the performance contract.
(b) A change in utility rates.
(c) A change in the number of days in the billing cycle of a utility.
(d) A change in the total square footage of the building.
(e) A change in the operational schedule, and any corresponding change in the occupancy and indoor temperature, of the building.
(f) A material change in the weather.
(g) A material change in the amount of equipment or lighting used at the building.
κ2005 Statutes of Nevada, Page 2905 (CHAPTER 508, SB 426)κ
(h) Any other change which reasonably would be expected to modify the use of energy or the cost of energy.
Sec. 28. NRS 353.540 is hereby amended to read as follows:
353.540 State agency means an agency, bureau, board, commission, department, division or any other unit of the government of this State that is required to submit information to the Chief pursuant to subsection 1 or 6 of NRS 353.210 . [, except for the University and Community College System of Nevada.] State agency does not include the Nevada System of Higher Education unless it is anticipated that payments under the agreement will be made with state appropriations.
Sec. 29. NRS 353.590 is hereby amended to read as follows:
353.590 If an agreement pursuant to NRS 353.500 to 353.630, inclusive, involves the construction , alteration, repair or remodeling of an improvement [, the] :
1. The construction , alteration, repair or remodeling of the improvement may be conducted as specified in the agreement without complying with the provisions of:
[1.] (a) Any law requiring competitive bidding; or
[2.] (b) Chapter 341 of NRS.
2. The provisions of NRS 338.013 to 338.090, inclusive, and section 1 of this act, apply to the construction, alteration, repair or remodeling of the improvement.
Sec. 30. 1. During Fiscal Year 2005-2006 and Fiscal Year 2006-2007, the Nevada System of Higher Education may not enter into more than three agreements pursuant to NRS 353.500 to 353.630, inclusive, as amended by this act, with respect to which it is anticipated that payments under the agreement will be made with state appropriations.
2. The Nevada System of Higher Education shall include with a proposed agreement submitted for approval pursuant to NRS 353.550 an analysis of the fiscal impact of the proposed agreement, including, without limitation, the sources of funding for the ongoing costs relating to the agreement and a method to obtain appropriations to pay for the agreement.
Sec. 31. 1. An advisory group is hereby created to conduct an interim study concerning lease-purchase and installment-purchase agreements by public entities. The advisory group must consist of:
(a) One representative from each of the following fields, appointed by the Legislative Commission:
(1) Public purchasing;
(2) Labor;
(3) Public works;
(4) Construction project management;
(5) State governmental financing; and
(6) Local governmental financing.
(b) One Assemblyman who has knowledge in one or more of the fields described in subparagraphs (1) to (6), inclusive, of paragraph (a), appointed by the Speaker of the Assembly.
(c) One Senator who has knowledge in one or more of the fields described in subparagraphs (1) to (6), inclusive, of paragraph (a), appointed by the Majority Leader of the Senate.
2. The study must include, without limitation:
(a) A review of existing laws relating to lease-purchase and installment-purchase agreements;
κ2005 Statutes of Nevada, Page 2906 (CHAPTER 508, SB 426)κ
(b) An evaluation of the applicability of existing laws relating to public works and public purchasing to existing laws relating to lease-purchase and installment-purchase agreements; and
(c) Consideration of changes to existing provisions of law relating to lease-purchase and installment-purchase agreements to better serve the needs of the State and local governments and to promote and protect the interests of Nevadas workforce.
3. In conducting the study required pursuant to this section, the advisory group shall consult with the Commission to Study Governmental Purchasing, the Committee on Local Government Finance, the Office of the State Treasurer, the State Public Works Board and experts in the fields of contracting, labor and purchasing.
4. The advisory group shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau not later than September 1, 2006, for transmission to the 74th Session of the Nevada Legislature.
Sec. 32. 1. This act becomes effective on July 1, 2005.
2. Section 28 of this act expires by limitation on June 30, 2007.
3. Sections 5 and 6 of this act expire by limitation on May 1, 2013.
________
Senate Bill No. 445Committee on Judiciary
CHAPTER 509
AN ACT relating to the State Board of Pardons Commissioners; revising the procedures pertaining to applications for clemency submitted to the Board; revising the provisions pertaining to the granting of pardons and restoration of civil rights by the Board; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.005 is hereby amended to read as follows:
213.005 As used in NRS 213.005 to 213.100, inclusive, unless the context otherwise requires:
1. Board means the State Board of Pardons Commissioners.
2. Secretary means the Secretary of the Board.
3. Victim includes:
(a) A person, including a governmental entity, against whom a crime has been committed;
(b) A person who has been injured or killed as a direct result of the commission of a crime; or
(c) A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a relative of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.
κ2005 Statutes of Nevada, Page 2907 (CHAPTER 509, SB 445)κ
Sec. 2. NRS 213.020 is hereby amended to read as follows:
213.020 1. Any person intending to apply to have a fine or forfeiture remitted, [or] a punishment commuted, [or] a pardon granted [, or someone in] or his civil rights restored, or any person acting on his behalf, [shall make out a notice and four copies in writing of the application,] must submit an application to the Board, in accordance with the procedures established by the Secretary pursuant to NRS 213.017, specifying therein:
(a) The court in which the judgment was rendered;
(b) The amount of the fine or forfeiture, or the kind or character of punishment;
(c) The name of the person in whose favor the application is to be made;
(d) The particular grounds upon which the application will be based; and
(e) [The time when it will be presented.
2. Two of the copies must be served upon] Any other information deemed relevant by the Secretary.
2. A person must not be required to pay a fee to have a fine or forfeiture remitted, a punishment commuted, a pardon granted or his civil rights restored pursuant to this section.
3. The Secretary shall submit notice of the date, time and location of the meeting to consider the application and one copy of the application to the district attorney and [one upon] to the district judge of the county wherein the [conviction was had. The fourth copy must be served upon the Director of the Department of Corrections and the original must be filed with the Clerk of the Board.] person was convicted. In cases of fines and forfeitures, [a similar] notice of the date, time and location of the meeting to consider the application must also be served on the chairman of the board of county commissioners of the county wherein the [conviction was had.
3. The notice must be served, as provided in] person was convicted.
4. Notice of the date, time and location of a meeting to consider an application pursuant to this section [,] must be served upon the appropriate persons as required in this section at least 30 days before the presentation of the application, unless a member of the Board, for good cause, prescribes a shorter time.
Sec. 3. NRS 213.090 is hereby amended to read as follows:
213.090 1. [Except as otherwise provided in subsection 2, a person who is granted a pardon for any offense committed:
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date that his pardon is granted, is restored to the right to hold office.
(c) Six years after the date that his pardon is granted, is restored to the right to serve as a juror in a criminal action.
2. Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been granted a pardon if the person has previously been convicted in this State:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date that his pardon is granted.
(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
κ2005 Statutes of Nevada, Page 2908 (CHAPTER 509, SB 445)κ
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date that his pardon is granted.
(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
Κ A person described in this subsection may petition the court in which the person was convicted for an order granting the restoration of his civil rights as set forth in subsection 1.
3. Except for a person subject to the limitations set forth in subsection 2, upon receiving a pardon, a person so pardoned must be given an official document which provides:
(a) That he has been granted a pardon;
(b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date that his pardon is granted;
(c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (b) of subsection 1; and
(d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (c) of subsection 1.
4. Subject to the limitations set forth in subsection 2, a] A person who is granted a full, unconditional pardon by the Board is restored to all civil rights and is relieved of all disabilities incurred upon conviction.
2. A pardon granted by the Board shall be deemed to be a full, unconditional pardon unless the official document issued pursuant to subsection 3 explicitly limits the restoration of the civil rights of the person or does not relieve the person of all disabilities incurred upon conviction.
3. Upon being granted a pardon by the Board, a person so pardoned must be given an official document which provides that he has been granted a pardon. If the person has not been granted a full, unconditional pardon, the official document must explicitly state all limitations on the restoration of the civil rights of the person and all disabilities incurred upon conviction from which the person is not relieved.
4. A person who has been granted a pardon in this State or elsewhere and whose official documentation of his pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been granted a pardon and is eligible to be restored to [the] his civil rights , [set forth in subsection 1,] the court shall issue an order restoring the person to [the] his civil rights . [set forth in subsection 1.] A person must not be required to pay a fee to receive such an order.
5. A person who has been granted a pardon in this State or elsewhere may present:
(a) Official documentation of his pardon ; [, if it contains the provisions set forth in subsection 3;] or
(b) A court order restoring his civil rights,
Κ as proof that he has been restored to [the] his civil rights . [set forth in subsection 1.]
Sec. 4. This act becomes effective upon passage and approval.
________
κ2005 Statutes of Nevada, Page 2909κ
Senate Bill No. 522Committee on Finance
CHAPTER 510
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the fiscal years commencing on July 1, 2005, and ending on June 30, 2006, and beginning on July 1, 2006, and ending on June 30, 2007; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; and providing other matters properly relating thereto.
[Approved: June 17, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning on July 1, 2005, and ending on June 30, 2006, and beginning on July 1, 2006, and ending on June 30, 2007, by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:
2005-2006 2006-2007
Office of the Governor
Office of the Governor.............................................. $30,606 $61,694
Mansion Maintenance.............................................. 2,534 5,108
Washington office...................................................... 267,079 267,079
Agency for Nuclear Projects..................................... 3,062,855 3,075,906
Governors Office of Consumer Health Assistance 419,842 478,813
Energy Conservation................................................. 932,570 956,386
Lieutenant Governor........................................................ 5,983 12,055
Attorney General
Attorney General Administration Account............ 12,413,520 12,676,365
Special Fund................................................................ 42,548 42,548
Crime Prevention Program....................................... 46,074 50,468
Tort Claim Fund......................................................... 7,510,158 7,351,221
Fraud Control Unit - Workers Comp and Insurance 4,304,599..................................... 4,324,304
Medicaid Fraud Control Unit................................... 1,763,673 1,773,133
Office of the Extradition Coordinator.................... 111,431 114,200
Bureau of Consumer Protection.............................. 3,335,535 3,145,244
Violence Against Women Grants............................ 2,095,296 1,816,193
Advisory Council for Prosecuting Attorneys......... 188,144 194,621
Victims of Domestic Violence.................................. 284,579 326,502
Secretary of State............................................................. 4,037,470 4,317,811
Secretary of State, HAVA Election Reform................ 10,035,800 2,522,999
Commission on Ethics..................................................... 394,944 399,674
State Treasurer.................................................................. 725,228 791,332
κ2005 Statutes of Nevada, Page 2910 (CHAPTER 510, SB 522)κ
Unclaimed Property................................................... $1,041,272 $1,041,933
Higher Education Tuition Administration............. 592,628 638,207
Millennium Scholarship Administration................ 367,285 385,235
Municipal bond bank revenue................................. 92,283,055 87,035,547
Municipal bond bank debt service.......................... 92,408,819 87,162,415
Nevada College Savings Trust................................. 581,932 631,780
Controllers Office............................................................ 75,227 132,141
Legislative Fund
Legislative Counsel Bureau...................................... 4,863,482 4,387,809
Judicial Branch
Administrative Office of the Courts....................... 2,027,818 2,032,105
Division of Planning & Analysis.............................. 134,491 142,911
Supreme Court............................................................ 6,155,918 6,322,817
Specialty Court........................................................... 3,117,921 3,080,914
Uniform system for judicial records....................... 1,851,901 1,717,647
Supreme Court Law Library.................................... 16,971 25,604
Retired Justice Duty Fund......................................... 388,693 371,216
Judicial education...................................................... 1,206,332 1,186,544
District judges travel................................................. 568,765 615,229
Judicial Discipline............................................................. 4,863 9,749
Department of Administration
Administrative Services Division............................. 1,566,986 1,724,614
Budget Division.......................................................... 391,280 437,398
Division of Internal Audit......................................... 35,848 72,732
Insurance and Loss Prevention............................... 23,951,524 24,766,524
Indigent Accident Account....................................... 22,637,344 31,938,324
Supplemental Account for Medical Assistance to Indigent Persons 7,525,407..................................... 9,525,109
Mail room 6,852,843 7,009,979
Mail services equipment..................................... 387,942 156,346
State Public Works Administration......................... 32,572 46,280
State Public Works Board Inspection Account.... 5,773,814 6,016,628
Buildings and Grounds Division.............................. 18,388,952 17,344,124
Clear Creek Youth Center........................................ 36,224 37,134
Marlette Lake Water System................................... 776,939 957,383
Motor Pool Division................................................... 4,646,225 4,874,416
Motor Pool vehicle purchase............................. 2,824,120 2,306,716
Purchasing Division.................................................... 2,776,189 2,804,450
Commodity Food Program...................................... 8,067,433 8,410,349
Hearings Division....................................................... 4,346,311 4,482,793
Fund for Compensation of Victims of Crime............. 5,801,963 5,759,917
Deferred Compensation Committee............................. 240,374 278,528
Information Technology Division................................. 3,105 6,391
Information Technology projects................................. 410,173 21,095
Department of Personnel................................................ 12,603,760 13,260,530
Unemployment Compensation Account............... 1,700,821 1,970,371
Commission on Tourism
Division of Tourism................................................... 20,066,261 20,700,300
Tourism Development............................................... 224,937 17,217
Nevada Magazine...................................................... 2,437,613 2,370,608
κ2005 Statutes of Nevada, Page 2911 (CHAPTER 510, SB 522)κ
Commission on Economic Development
Commission on Economic Development......... $429,109 $349,392
Nevada Film Office............................................... 898,786 906,569
Rural community development.......................... 3,474,838 3,480,999
Procurement outreach.......................................... 432,949 434,216
Department of Taxation............................................ 1,221,366 1,553,818
Department of Information Technology
Directors Office..................................................... 3,476,534 3,415,405
Applications, Design and Development Division 2,847,286 2,945,521
Computing Division............................................. 13,626,644 13,346,393
Data Communications and Technical Services Division 3,635,922 3,371,550
Planning and Research Unit................................ 2,050,121 2,095,566
Telecommunications Unit.................................... 5,150,559 4,669,850
Communications Unit.......................................... 2,284,710 2,195,401
Department of Education
Education, state programs................................... 150,572 172,032
Discretionary grants - Unrestricted..................... 298,451 306,897
Improve Americas Schools Title I................... 82,325,072 82,325,072
Improve Americas Schools Titles VI & II...... 26,668,171 26,668,171
Individuals with Disabilities Education Act..... 67,049,900 67,050,508
Education support services.................................. 1,618,306 1,641,234
NDE, staffing services........................................... 442,290 468,526
Career and technical education.......................... 8,672,383 8,678,915
Nutrition education............................................... 61,289,361 67,445,931
Proficiency testing................................................. 8,575 17,543
Continuing education........................................... 4,202,365 4,204,034
Drug abuse education........................................... 2,043,002 2,043,002
Discretionary grants - Restricted........................ 14,568,842 14,568,842
Teacher education and licensing........................ 1,466,244 1,471,438
School health education — AIDS........................ 279,499 280,454
Other state education programs.......................... 15,427 15,427
Student incentive grants....................................... 159,760 160,294
Gear-Up................................................................... 1,200,016 1,202,959
Commission on Postsecondary Education............. 108,746 114,756
Nevada System of Higher Education
System administration.......................................... 169,176 229,907
Agricultural Experiment Station......................... 1,425,695 1,578,877
Cooperative Extension Services......................... 1,987,432 2,179,122
University of Nevada, Reno............................... 44,180,852 49,249,069
School of Medical Sciences................................. 2,466,363 2,858,881
State Health Laboratory...................................... 29,641 60,932
University of Nevada, Las Vegas...................... 76,042,042 86,876,933
Law School............................................................. 3,276,417 3,458,278
Dental School......................................................... 4,430,462 4,585,011
Community College of Southern Nevada....... 27,034,605 30,011,641
Western Nevada Community College............... 3,055,120 3,447,805
Truckee Meadows Community College............ 8,747,046 9,896,834
Great Basin College............................................... 1,910,966 2,202,373
Nevada State College at Henderson.................. 1,738,529 2,215,595
Desert Research Institute..................................... 229,448 314,248
κ2005 Statutes of Nevada, Page 2912 (CHAPTER 510, SB 522)κ
Special projects...................................................... $116,615 $242,068
Intercollegiate Athletics, UNR............................. 41,275 85,225
Statewide programs, UNR.................................... 106,025 218,556
Intercollegiate Athletics, UNLV.......................... 45,393 93,976
System Computing Center................................... 180,545 373,195
University Press...................................................... 10,622 21,921
Statewide programs, UNLV................................. 17,935 37,160
Business Center, North......................................... 37,286 76,625
Business Center, South......................................... 33,211 68,255
W.I.C.H.E. administration.......................................... 3,365 6,903
W.I.C.H.E. Loan Fund................................................ 514,050 487,850
Department of Cultural Affairs
Cultural Affairs administration........................... 33,784 43,879
Museums and History.......................................... 14,125 19,455
State Railroad Museums...................................... 942,869 390,431
Comstock Historic District................................... 1,648 3,369
Lost City Museum................................................. 87,553 96,139
Nevada Museum and Historical Society, Las Vegas 56,811 74,861
Nevada State Museum, Carson City................. 388,946 424,167
Nevada Historical Society, Reno........................ 71,055 83,887
Office of Historic Preservation............................ 757,445 772,611
State Arts Council.................................................. 562,112 575,121
Nevada State Library........................................... 1,261,067 1,298,941
Literacy program................................................... 83,762 86,240
Archives and records............................................. 18,264 29,820
Records management and micrographics........ 673,718 602,919
Central libraries automated network................. 361,733 370,007
Department of Human Resources
State Public Defender........................................... 1,112,607 1,375,921
Indian Affairs Commission................................. 29,157 31,273
DHR administration.............................................. 547,110 558,006
Developmental Disabilities.................................. 542,532 522,287
HR, Grants Management Unit........................... 27,515,127 26,495,990
HR, Childrens Trust Account............................. 943,761 842,885
DHR, Blue Cross Blue Shield Settlement.......... 150,000 150,000
Community-Based Services................................ 4,753,973 3,751,892
Fund for a Healthy Nevada............................... 16,189,344 17,136,287
Division of Health Care Financing and Policy
Health Care Financing and Policy.................... 17,645,310 17,775,340
Intergovernmental transfer account................. 78,339,106 79,374,544
Increased Quality of Nursing Care.................... 17,763,009 17,763,488
Nevada Medicaid.............................................. 813,948,920 842,847,818
Nevada Check-Up Program............................... 27,650,643 31,052,167
HIFA Holding Account........................................ 206,838 4,179,972
HIFA Medical........................................................ 62,500 22,402,699
Aging Services Division
Aging services grants............................................. 5,733,906 5,803,494
Senior Services Program....................................... 8,199,162 9,094,527
EPS/Homemaker programs................................. 3,293,614 3,319,642
Aging Older Americans Act................................ 10,618,246 10,812,882
Senior Citizens Property Tax Assistance.......... 86,422 3,851
κ2005 Statutes of Nevada, Page 2913 (CHAPTER 510, SB 522)κ
Division of Child and Family Services
Child and family administration....................... $9,723,238 $9,974,699
Washoe County Integration................................ 8,689,715 9,236,105
Clark County Integration................................... 15,439,719 16,829,127
Wraparound in Nevada........................................ 1,659,855 1,764,011
Northern Nevada Child and Adolescent Services 4,586,309 4,750,163
Southern Nevada Child and Adolescent Services 12,111,516 12,253,731
Child care services................................................. 915,712 956,460
Youth alternative placement............................... 1,489,069 1,489,069
UNITY/SACWIS................................................... 2,718,407 2,696,553
Nevada Youth Training Center .......................... 900,641 1,044,478
Youth parole services............................................ 805,647 627,688
Caliente Youth Center ......................................... 615,687 721,390
Victims of domestic violence.............................. 3,760,273 3,760,273
Rural Child Welfare............................................. 19,894,309 20,599,457
Child abuse and neglect....................................... 234,643 239,085
Juvenile justice programs..................................... 1,532,748 1,536,184
Trust Fund for Child Welfare.............................. 350,185 370,919
Transition from foster care.................................. 3,420,777 2,993,038
Child Deaths Review............................................. 150,105 150,105
Juvenile Correctional Facility.............................. 571,210 670,899
Juvenile Accountability Block Grant................. 1,266,465 1,183,630
Health Division
Health administration........................................... 4,617,843 4,877,312
Environmental Public Health Tracking System 514,939 510,427
Public Health Tobacco Fund............................... 727,346 957,540
Health preparedness program............................ 13,655,720 13,657,043
Vital statistics......................................................... 540,029 558,059
Health Facilities Hospital Licensing................... 9,118,316 8,828,507
Womens, infants and childrens food supplement program 44,489,283............................................... 46,881,514
Maternal and Child Health Services.................. 5,561,304 5,632,223
Early Intervention Services.................................. 5,675,357 5,800,566
Community health services................................. 3,461,229 3,439,816
Emergency medical services................................ 69,046 78,472
Sexually transmitted disease control................ 10,955,268 10,946,399
Immunization program........................................ 6,136,282 6,275,967
Consumer health protection................................ 1,005,074 1,054,925
Radiological health............................................... 2,130,266 2,076,566
Communicable disease control........................... 4,477,540 4,490,655
Cancer control registry.......................................... 932,866 914,650
Radioactive and hazardous waste.................... 11,398,383 11,324,075
Alcoholism and drug rehabilitation................... 19,110,889 18,862,785
Alcohol tax program............................................. 1,203,741 1,152,386
Division of Mental Health and Developmental Services
Division administration........................................ 3,873,647 3,934,691
Northern Nevada Adult Mental Health Services 5,357,879 5,904,146
κ2005 Statutes of Nevada, Page 2914 (CHAPTER 510, SB 522)κ
Lakes Crossing Center.......................................... $460,000 $561,266
Rural clinics............................................................ 3,418,180 3,728,065
Southern Nevada Adult Mental Health Services 12,718,082 14,547,221
Southern MH/DS food service............................ 1,490,251 1,890,644
Desert Regional Center........................................ 28,000,286 30,797,161
Sierra Regional Center......................................... 13,118,227 14,579,679
Rural Regional Center.......................................... 5,546,742 6,491,056
Mental health information system..................... 238,943 245,229
Welfare Division
Welfare administration....................................... 19,940,960 19,827,384
Temporary Assistance for Needy Families...... 20,388,256 21,682,163
Welfare field services........................................... 39,335,058 41,248,257
Child support enforcement................................. 10,083,585 10,440,963
Child support federal reimbursement............... 25,352,621 26,557,874
Child Assistance and Development.................. 27,119,909 29,977,175
Energy assistance................................................. 18,362,193 18,541,077
Office of the Military.................................................. 8,396,845 9,137,564
Adjutant Generals Construction Fund............. 35,568 35,988
Office of Veterans Services
Executive Director for Veterans Services......... 879,154 946,951
Southern Nevada Veterans Home................... 11,229,074 11,708,771
Department of Corrections
Office of the Director............................................ 1,767,952 1,965,794
Medical care........................................................... 2,096,973 2,535,791
Correctional programs.......................................... 1,848,759 1,228,379
Southern Nevada Correctional Center.............. 2,315 24,031
Prison industries..................................................... 6,025,986 6,055,238
Nevada State Prison.............................................. 1,297,953 1,558,999
Northern Nevada Correctional Center............... 1,739,879 2,056,384
Ely State Prison...................................................... 1,971,245 2,418,218
Southern Desert Correctional Center................. 1,393,665 1,661,308
Warm Springs Correctional Center..................... 500,452 603,704
Southern Nevada Womens Correctional Facility 581,857 721,051
Lovelock Correctional Center............................. 1,599,472 1,955,611
Offenders Store Fund......................................... 13,593,828 14,137,134
Pioche Conservation Camp................................. 124,792 145,714
Indian Springs Conservation Camp................... 152,742 183,527
Wells Conservation Camp................................... 91,718 107,069
Humboldt Conservation Camp.......................... 89,631 104,722
Ely Conservation Camp....................................... 92,082 106,605
Inmate Welfare Account..................................... 3,764,039 4,032,913
Tonopah Conservation Camp............................ 83,382 97,098
Jean Conservation Camp.................................... 108,525 128,950
Stewart Conservation Camp............................... 160,661 179,065
Carlin Conservation Camp.................................. 95,450 109,156
High Desert State Prison....................................... 2,109,223 2,549,000
Silver Springs Conservation Camp..................... 93,648 111,426
Northern Nevada Restitution Center................. 506,206 510,284
Casa Grande Transitional Housing.................... 696,243 1,764,025
Prison dairy............................................................. 1,659,740 1,577,291
κ2005 Statutes of Nevada, Page 2915 (CHAPTER 510, SB 522)κ
Department of Business and Industry
Business and Industry administration............... $957,404 $979,556
Industrial Development Revenue Bond Program 1,311,016 1,369,615
Consumer Affairs Division.................................. 47,300 67,401
Consumer Affairs Recovery Fund............... 113,571 173,656
Division of Insurance............................................ 2,879,410 3,009,173
Cost stabilization............................................ 244,515 244,237
National Association of Insurance Commissioners 62,642 59,720
Captive insurers............................................... 218,538 223,781
Self-insurance — Workers compensation... 546,133 549,834
Insurance examiners...................................... 3,693,046 3,944,502
Insurance Recovery Account....................... 606,645 606,645
Insurance education and research............... 1,341,964 1,248,234
Taxicab Authority................................................. 6,942,738 7,299,182
Transportation Services Authority..................... 301,273 339,824
Administrative fines....................................... 331,275 270,686
Manufactured Housing Division........................ 1,837,946 2,225,219
Mobile home parks......................................... 338,031 352,714
Manufactured housing education and recovery 528,799 549,096
Lot Rent Subsidy Program............................ 393,428 404,555
Division of Financial Institutions........................ 3,514,141 4,154,665
Financial Institutions Audit Program.......... 98,928 89,725
Financial institutions investigations............. 897,400 908,058
Division of Mortgage Lending............................. 5,149,361 5,262,293
Division of Industrial Relations.......................... 6,673,566 6,742,894
Enforcement for industrial safety................ 6,803,912 6,940,952
Safety consultation and training.................. 2,364,650 2,381,495
Mine safety and training............................... 1,274,076 1,186,226
Real Estate Division.............................................. 2,950,489 2,977,228
Real estate education and research............. 1,306,959 1,440,435
Real estate recovery....................................... 705,440 705,440
Common-interest communities.................... 3,010,191 2,974,455
Housing Division.................................................... 9,541,484 12,528,993
Weatherization Program................................ 4,645,956 4,627,735
Low-Income Housing Trust Fund.............. 29,149,537 36,470,822
Nevada Athletic Commission............................. 79,804 84,814
Labor Commissioner............................................ 44,679 67,102
Office of Nevada Attorney for Injured Workers 3,269,189 3,250,169
State Dairy Commission...................................... 2,133,600 2,413,380
Employee-Management Relations Board........ 34,350 37,117
Commission on Mineral Resources
Division of Minerals.............................................. 1,476,037 1,488,060
State Department of Agriculture
Agriculture administration................................... 684,753 707,159
Mormon cricket and grasshoppers..................... 3,310,139 1,747,640
Plant Industry Program........................................ 806,651 859,173
Weights and Measures Program......................... 1,176,185 1,183,721
Gas pollution standards........................................ 662,125 579,245
κ2005 Statutes of Nevada, Page 2916 (CHAPTER 510, SB 522)κ
Agriculture Registration and Enforcement Account $1,464,788 $1,385,600
Livestock Inspection Account............................ 1,156,782 1,104,849
Grading and certification of agricultural products 245,969 180,535
Noxious Weeds and Insect Pest Control Program 768,321 731,001
Veterinary medical services................................. 466,676 480,000
State Predatory Animal and Rodent Committee 84,966 95,571
Junior Livestock Show Board............................. 29 29
State Gaming Control Board.................................... 10,648,684 11,286,329
Gaming Control Board Investigation Fund..... 10,695,064 10,725,074
Gaming Commission............................................ 1,816 3,665
Public Utilities Commission of Nevada.................. 12,842,404 12,887,324
Colorado River Commission of Nevada................. 8,804,422 8,649,359
Research and development................................. 1,704,790 1,708,158
Fort Mojave Valley Development Fund........... 8,377,773 5,291,912
Power Marketing Fund...................................... 180,551,078 176,308,255
Power Delivery System........................................ 94,745,333 104,908,927
State Department of Conservation and Natural Resources
Administration....................................................... 216,207 233,919
Environmental protection administration......... 5,263,195 6,329,665
Bureau of Air Quality..................................... 4,886,119 5,043,407
Water pollution control.................................. 10,118,725 10,382,577
Water quality planning.................................. 4,276,924 4,303,053
Waste management and federal facilities 14,111,099 14,366,214
Mining regulation and reclamation............. 4,164,507 4,208,866
Safe Drinking Water Regulatory Program.. 2,332,156 2,376,331
Safe Drinking Water Act.............................. 24,040,864 22,005,578
State Environmental Commission............... 42,512 42,512
Water planning capital improvements........ 222,839 226,311
Division of State Lands........................................ 572,193 604,953
Division of Water Resources............................... 568,529 653,663
Division of State Parks......................................... 7,461,452 7,211,286
Division of Forestry............................................... 4,287,865 4,357,458
Forestry intergovernmental agreement....... 9,644,549 10,708,028
Forestry conservation camps........................ 2,781,361 2,903,845
Forestry nurseries............................................ 576,244 590,436
Forest fire suppression/emergency response 3,066,477 3,126,552
Heil wild horse bequest......................................... 501,078 404,411
Nevada Natural Heritage Program..................... 624,054 563,278
Division of Conservation Districts...................... 26,088 30,223
Tahoe Regional Planning Agency...................... 8,294,034 8,233,279
Department of Wildlife.............................................. 24,046,364 24,392,712
Boat Program......................................................... 5,196,805 5,484,869
Trout management............................................... 6,830,937 3,035,360
Obligated reserve................................................... 4,079,065 3,911,223
Department of Transportation.............................. 229,888,575 431,946,417
κ2005 Statutes of Nevada, Page 2917 (CHAPTER 510, SB 522)κ
Department of Motor Vehicles
Salvage, wreckers and body shops regulation.. $929,174 $828,712
Record Search Program...................................... 10,451,934 10,753,601
Automation............................................................ 4,696,627 4,907,279
Motor carrier........................................................... 1,391,831 1,453,324
Motor vehicle pollution control........................... 8,780,539 9,393,680
Verification of insurance.................................... 11,466,344 11,466,344
DMV — Hearings.................................................... 105,965 125,154
Field services......................................................... 23,982,704 26,657,098
Compliance enforcement.................................... 338,506 417,101
Central services...................................................... 6,528,738 6,916,718
Management services........................................... 378,088 429,044
Directors office..................................................... 100,311 125,621
Administrative services......................................... 6,345,408 6,429,723
Department of Public Safety
Division of Emergency Management................ 1,709,827 1,921,312
Division of Emergency Management Assistance 12,670,472 12,670,472
Homeland Security............................................... 293,450 308,440
Division of Parole and Probation........................ 5,780,167 6,316,362
Investigation Division........................................... 444,416 526,057
Narcotics control.................................................... 495,676 26,000
Training Division.................................................... 69,863 82,604
Parole Board........................................................... 59,198 79,624
State Fire Marshal................................................. 2,767,934 2,848,773
Traffic safety......................................................... 2,302,382 2,090,000
Highway safety...................................................... 1,257,398 1,219,070
Bicycle Safety Program........................................ 199,580 192,314
Motorcycle Safety Program................................ 566,628 481,770
Forfeitures — Law enforcement........................... 1,652,344 2,317,694
Directors office..................................................... 1,168,768 1,200,146
Office of professional responsibility.................. 421,349 432,451
Justice Assistance Act.......................................... 20,547,370 20,547,370
Criminal History Repository.............................. 15,119,085 17,169,967
Nevada Highway Patrol Division....................... 4,914,600 5,781,701
Administrative services......................................... 1,592,605 1,641,341
Highway safety grants.......................................... 1,558,277 1,332,062
Capitol Police Division.......................................... 2,648,292 2,716,518
State Emergency Response Commission.......... 1,387,654 1,391,235
Public safety information services..................... 6,030,004 5,829,543
Public Safety Justice Grant Account.................. 474,683 486,925
Dignitary Protection.............................................. 67,430 80,122
Peace Officers Standards and Training Commission
Peace officers standards and training.............. 1,839,294 1,990,291
Police Corps Program............................................ 826,385 843,049
Public Employees Retirement Fund........................ 8,151,713 8,275,218
Public Employees Benefits Program
Public Employees Benefits Program............. 285,459,011 297,892,242
Retired Employees Group Insurance.............. 28,615,743 28,991,320
Active Employees Group Insurance............. 140,251,025 148,714,142
κ2005 Statutes of Nevada, Page 2918 (CHAPTER 510, SB 522)κ
Department of Employment, Training and Rehabilitation
Administrative services....................................... $3,892,263 $3,936,646
Information and development processing........ 7,529,889 7,464,746
Research and analysis.......................................... 3,630,237 3,685,966
Employment Security Division.......................... 53,065,438 52,975,343
Employment Security Special Fund................... 8,033,889 6,365,777
Career Enhancement Program.......................... 15,187,650 14,665,304
Rehabilitation Division
Rehabilitation administration............................. 654,390 631,929
Office of disability employment policy............. 235,293 236,283
Bureau of Vocational Rehabilitation............... 11,720,190 12,412,562
Bureau of Services to the Blind and Visually Impaired 3,094,544 3,154,283
Blind Business Enterprise Program..................... 2,685,522 2,132,396
Client Assistance Program................................... 165,689 154,524
Bureau of Disability Adjudication.................... 12,102,479 13,306,053
Nevada Equal Rights Commission.................... 705,710 776,839
Sec. 2. 1. There is hereby appropriated from the money:
(a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or
(b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,
Κ the sum of $427,350 for Fiscal Year 2005-2006 and the sum of $406,162 for Fiscal Year 2006-2007, to support the operation of the Attorney General Administration Program.
2. Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:
(a) Disburse, on or after July 1, 2005, the money appropriated by subsection 1 in its entirety for the Fiscal Year 2005-2006 before other disbursements required by law are made;
(b) Disburse, on or after July 1, 2006, the money appropriated by subsection 1 in its entirety for the Fiscal Year 2006-2007 before other disbursements required by law are made; and
(c) Thereafter in each fiscal year, disburse all other money appropriated from this same source on a pro rata basis by percentage allocated by law.
3. There is hereby appropriated from the Fund for a Healthy Nevada:
(a) The sum of $192,166 for Fiscal Year 2005-2006 and the sum of $196,703 for Fiscal Year 2006-2007, to support the operation of the EPS/Homemaker programs.
(b) The sum of $311,631 for Fiscal Year 2005-2006 and the sum of $315,229 for Fiscal Year 2006-2007, to support the operation of the Senior Services Program.
4. Notwithstanding the provisions of subsection 6 of NRS 439.620 to the contrary, the State Controller shall, from the money reserved for allocation by the Aging Services Division of the Department of Human Resources pursuant to paragraph (d) of subsection 1 of NRS 439.630:
κ2005 Statutes of Nevada, Page 2919 (CHAPTER 510, SB 522)κ
(a) Disburse, on or after July 1, 2005, the money appropriated by subsection 3 in its entirety for the Fiscal Year 2005-2006 before other disbursements are made; and
(b) Disburse, on or after July 1, 2006, the money appropriated by subsection 3 in its entirety for the Fiscal Year 2006-2007 before other disbursements are made.
5. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years reverts as soon as all payments of money committed have been made as follows: 10 percent to the Trust Fund for Public Health, 40 percent to the Millennium Scholarship Trust Fund and 50 percent to the Fund for a Healthy Nevada.
6. Any balance of the sums appropriated by subsection 3 remaining at the end of the respective fiscal years reverts to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.
Sec. 3. 1. Expenditure of $28,317,147 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2005, and ending on June 30, 2006.
2. Expenditure of $27,948,124 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2006, and ending on June 30, 2007.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.
Sec. 4. 1. Expenditure of $405,032 by the Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2005, and ending on June 30, 2006.
2. Expenditure of $404,523 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2006, and ending on June 30, 2007.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.
Sec. 5. The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 6. 1. Except as otherwise provided in subsection 2 and limited by section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act.
κ2005 Statutes of Nevada, Page 2920 (CHAPTER 510, SB 522)κ
Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 to 4, inclusive, of this act.
2. The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 7. Except as otherwise provided in section 8 and subsection 3 of section 10 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 8. 1. The Nevada System of Higher Education may expend the following fees collected from the registration of students, resident or nonresident:
2005-2006 2006-2007
University of Nevada, Reno.............................. $33,828,329 $36,495,987
University of Nevada, Las Vegas..................... 69,641,561 77,051,280
Community College of Southern Nevada....... 25,165,578 26,696,880
Western Nevada Community College............. 2,681,425 2,776,125
Truckee Meadows Community College.......... 8,090,773 8,688,130
Dental School....................................................... 4,285,957 4,285,957
Great Basin College............................................. 1,649,043 1,715,962
William S. Boyd School of Law........................ 3,134,399 3,164,465
School of Medicine.............................................. 2,091,826 2,089,746
Nevada State College at Henderson................ 1,632,589 2,044,690
2. The Nevada System of Higher Education may expend any additional registration fees collected from students for the purpose of meeting the salaries and related benefits for incremental instructional faculty necessary as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend, with the approval of the Interim Finance Committee, any additional nonresident tuition fees and any additional registration fees not utilized for incremental instructional faculty costs in addition to the authorized amounts for the respective years.
κ2005 Statutes of Nevada, Page 2921 (CHAPTER 510, SB 522)κ
Sec. 9. 1. Whenever claims which are payable and properly approved exceed the amount of cash in the Wildlife Account in the State General Fund, the State Controller may, with the approval of the Chief of the Budget Division of the Department of Administration, transfer temporarily from the State General Fund to the Wildlife Account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
2. The Director of the Department of Administration shall notify the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1.
3. Any money which is temporarily advanced from the State General Fund to the Wildlife Account pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 10. 1. Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his services:
For the fiscal For the fiscal
year ending on year ending on
June 30, 2006 June 30, 2007
Carson City......................................... $463,654 $573,861
Eureka County................................... 41,346 51,173
Humboldt County............................. 153,198 189,611
Lincoln County.................................. 86,336 106,858
Pershing County................................. 64,570 79,918
Storey County.................................... 16,663 20,624
White Pine County............................ 215,685 266,951
Totals......................................................... $1,041,452 $1,288,996
2. The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 2005 Legislature for employees of the State Public Defenders Office for Fiscal Year 2005-2006 and Fiscal Year 2006-2007.
3. If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his services.
Sec. 11. In Fiscal Years 2005-2006 and 2006-2007, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.
Sec. 12. On and after July 1, 1995, money collected by the Department of Wildlife and designated by the Department as an obligated sum in the Wildlife Account to be used only for the purposes specified by the law pertaining to the money or by the donor of the money must be transferred to a separate account designated as the Department of Wildlifes Obligated Reserve Account.
Sec. 13. Any money authorized for expenditure for the purpose of any information technology projects in section 1 of this act for the Department of Administration, Information Technology Projects in Fiscal Year 2005-2006 that remains unexpended on June 30, 2006, may be carried forward to Fiscal Year 2006-2007.
κ2005 Statutes of Nevada, Page 2922 (CHAPTER 510, SB 522)κ
that remains unexpended on June 30, 2006, may be carried forward to Fiscal Year 2006-2007. Any amount carried forward must be used to complete the information technology project as approved by the Legislature.
Sec. 14. Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose notwithstanding the provisions of section 7 of this act.
Sec. 15. Money authorized for expenditure in section 1 of this act for the State Fire Marshal of the Department of Public Safety from the Contingency Account for Hazardous Materials must be utilized to support eligible training programs in lieu of State General Fund support before utilizing the funding for other training programs.
Sec. 16. Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for support of the central reporting unit that remains unexpended on June 30, may be carried forward to the next fiscal year for that purpose, notwithstanding the provisions of section 7 of this act.
Sec. 17. 1. This section and section 16 of this act become effective upon passage and approval.
2. Sections 1 to 15, inclusive, of this act become effective on July 1, 2005.
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