2007 Statutes of Nevada, Pages 1713-1844

[Rev. 2/6/2019 2:39:53 PM]

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ê2007 Statutes of Nevada, Page 1713ê

CHAPTER 351, SB 191

Senate Bill No. 191–Committee on Finance

CHAPTER 351

AN ACT relating to state financial administration; revising the provisions governing the Account for the Technological Crime Advisory Board; making an appropriation; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Under existing law, money in the Account for the Technological Crime Advisory Board does not revert to the State General Fund. (NRS 205A.090) Section 1 of this bill provides that any money in the Account that is appropriated from the State General Fund or the State Highway Fund must revert as provided in the legislation authorizing the appropriation. Section 2 of this bill makes an appropriation to the Office of the Attorney General for certain computer equipment and software.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 205A.090 is hereby amended to read as follows:

205A.090 1. The Account for the Technological Crime Advisory Board [for the Nevada Task Force for Technological Crime] is hereby created in the State General Fund. The Board shall administer the Account.

2. The money in the Account must only be used to carry out the provisions of this chapter and pay the expenses incurred by the Board in the discharge of its duties, including, without limitation, the payment of any expenses related to the creation and subsequent activities of the task forces on technological crime.

3. Claims against the Account must be paid as other claims against the State are paid.

4. The money in the Account that is provided from sources other than the State General Fund or the State Highway Fund must remain in the Account and must not revert to the State General Fund at the end of any fiscal year. Money in the Account that is appropriated or allocated from the State General Fund or the State Highway Fund must revert as provided in the legislation that authorizes the appropriation or the allocation.

Sec. 2. There is hereby appropriated from the State General Fund to the Office of the Attorney General the sum of $452,272 for the purchase of computer hardware and software, including a tape backup system, and for the purchase of projectors.

Sec. 3. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

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ê2007 Statutes of Nevada, Page 1714 (CHAPTER 351, SB 191)ê

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 4. This act becomes effective upon passage and approval.

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CHAPTER 352, SB 443

Senate Bill No. 443–Committee on Finance

CHAPTER 352

AN ACT making various appropriations; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby created in the State General Fund a disbursement account to be administered by the Legislative Counsel Bureau.

2. Money appropriated to the disbursement account for the use of a specific entity must be allocated to that entity from time to time upon the submittal to the Legislative Counsel Bureau of an appropriate request for an allocation that is based on costs incurred.

Sec. 2. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Nevada Cancer Institute the sum of $5,000,000 for expansion of laboratory and clinical space.

2. Upon acceptance of the money appropriated by subsection 1, the Nevada Cancer Institute shall:

(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Cancer Institute through December 1, 2008;

(b) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2010, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Cancer Institute through December 1, 2010;

(c) Prepare and transmit a final report to the Interim Finance Committee on or before September 16, 2011, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Cancer Institute through June 30, 2011; and

(d) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Cancer Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 3. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.

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ê2007 Statutes of Nevada, Page 1715 (CHAPTER 352, SB 443)ê

the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.

Sec. 4. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Nevada Cancer Institute for research and community outreach and education for the Fiscal Year 2007-2008, the sum of $2,500,000.

2. Upon acceptance of the money appropriated by subsection 1, the Nevada Cancer Institute shall:

(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2007, that describes each expenditure made from the money appropriated by subsection 1, from the date on which the money was received by the Nevada Cancer Institute through December 1, 2007;

(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2008, that describes each expenditure made from the money appropriated by subsection 1, from the date on which the money was received by the Nevada Cancer Institute through June 30, 2008; and

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Cancer Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 5. Any remaining balance of the appropriation made by section 4 of this act must not be committed for expenditure after June 30, 2008, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2008, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2008.

Sec. 6. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Nevada Cancer Institute for research and community outreach and education for the Fiscal Year 2008-2009, the sum of $2,500,000.

2. Upon acceptance of the money appropriated by subsection 1, the Nevada Cancer Institute shall:

(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1, from the date on which the money was received by the Nevada Cancer Institute through December 1, 2008;

(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1, from the date on which the money was received by the Nevada Cancer Institute through June 30, 2009; and

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ê2007 Statutes of Nevada, Page 1716 (CHAPTER 352, SB 443)ê

Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 7. Any remaining balance of the appropriation made by section 6 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 8. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of:

(a) High Sierra Industries the sum of $1,000,000 for the establishment of a center to provide services ranging from life skills training to employment counseling to persons with a variety of disabilities.

(b) Opportunity Village the sum of $3,000,000 for vocational training, employment and social recreation services for persons with intellectual disabilities in southern Nevada.

(c) Washoe Arc the sum of $1,000,000 for the construction of a facility in Washoe County to serve the needs of persons with developmental disabilities.

2. Upon acceptance of the money appropriated by subsection 1, High Sierra Industries, Opportunity Village and Washoe Arc, respectively, shall each:

(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by High Sierra Industries, Opportunity Village and Washoe Arc, respectively, through December 1, 2008;

(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by High Sierra Industries, Opportunity Village and Washoe Arc, respectively, through June 30, 2009; and

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of High Sierra Industries, Opportunity Village and Washoe Arc, respectively, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 9. Any remaining balance of an appropriation made by section 8 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

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ê2007 Statutes of Nevada, Page 1717 (CHAPTER 352, SB 443)ê

Sec. 10. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Institute for Neuro-Immune Disease the sum of $2,000,000 for the construction of, and furnishings, and equipment for, a facility relating to the research and treatment of neuro-immune disorders.

2. Upon acceptance of the money appropriated by subsection 1, the Institute shall:

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 11. Any remaining balance of the appropriation made by section 10 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 12. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the:

(a) Clark County Public Education Foundation, Inc., the sum of $250,000 for new programs and expansion of outreach efforts.

(b) Washoe County School District Educational Foundation, Inc., the sum of $150,000 for new programs and expansion of outreach efforts.

2. Upon acceptance of the money appropriated by subsection 1, the Clark County Public Education Foundation, Inc., and the Washoe County School District Educational Foundation, Inc., respectively, shall each:

(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Clark County Public Education Foundation, Inc., and the Washoe County School District Educational Foundation, Inc., respectively, through June 30, 2009; and

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ê2007 Statutes of Nevada, Page 1718 (CHAPTER 352, SB 443)ê

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Clark County Public Education Foundation, Inc., and the Washoe County School District Educational Foundation, Inc., respectively, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 13. Any remaining balance of an appropriation made by section 12 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 14. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Lou Ruvo Brain Institute the sum of $3,000,000 for research, clinical studies, operations and educational programs at the Institute.

2. Upon acceptance of the money appropriated by subsection 1, the Institute shall:

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 15. Any remaining balance of the appropriation made by section 14 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 16. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Nevada Discovery Museum in Reno the sum of $1,000,000 for capital construction and initial operating expenses.

2. Upon acceptance of the money appropriated by subsection 1, the Museum shall:

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ê2007 Statutes of Nevada, Page 1719 (CHAPTER 352, SB 443)ê

(d) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Museum, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.

Sec. 17. Any remaining balance of the appropriation made by section 16 of this act must not be committed for expenditure after June 30, 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.

Sec. 18. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Lied Discovery Children’s Museum the sum of $500,000 for the costs of planning a new facility.

2. Upon acceptance of the money appropriated by subsection 1, the Museum shall:

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Museum, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 19. Any remaining balance of the appropriation made by section 18 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

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ê2007 Statutes of Nevada, Page 1720 (CHAPTER 352, SB 443)ê

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 20. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Las Vegas Natural History Museum the sum of $500,000 for the support and improvement of the Museum.

2. Upon acceptance of the money appropriated by subsection 1, the Museum shall:

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Museum, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

Sec. 21. Any remaining balance of the appropriation made by section 20 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Secs. 22 and 23. (Deleted by amendment.)

Sec. 24. The appropriations made by the provisions of this act are not intended to finance ongoing expenditures of state agencies, and the expenditures financed with those appropriations must not be included as base budget expenditures in the proposed budget for the Executive Branch of State Government for the 2007-2009 biennium.

Sec. 25. 1. This section and sections 1, 2, 3, 8 to 15, inclusive, and 24 of this act become effective upon passage and approval.

2. Sections 4, 5 and 16 to 23, inclusive, of this act become effective on July 1, 2007.

3. Sections 6 and 7 of this act become effective on July 1, 2008.

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ê2007 Statutes of Nevada, Page 1721ê

CHAPTER 353, AB 13

Assembly Bill No. 13–Assemblywoman Allen (by request)

CHAPTER 353

AN ACT relating to watercraft; increasing the age under which a person on a vessel is required to wear a personal flotation device; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law requires a person under the age of 12 years to wear a personal flotation device when on the topside of a noncommercial vessel. (NRS 488.575) Section 2 of this bill raises the age to less than 13 years of age.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. NRS 488.575 is hereby amended to read as follows:

488.575 1. Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his ownership or control on any waters of this State unless each person on the vessel who is less than [12] 13 years of age is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the Commission while the vessel is under way.

2. The provisions of subsection 1 do not apply to persons on board:

(a) A commercial vessel licensed by the United States Coast Guard for the transportation of passengers for hire; or

(b) Any other vessel who are below the deck or inside a cabin of the vessel.

Sec. 3. (Deleted by amendment.)

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ê2007 Statutes of Nevada, Page 1722ê

CHAPTER 354, AB 110

Assembly Bill No. 110–Assemblymen Claborn, McClain, Parks, Smith, Anderson, Conklin, Hogan, Kirkpatrick, Koivisto, Leslie, Manendo, Munford, Ohrenschall, Parnell, Pierce, Segerblom and Womack

Joint Sponsor: Senator Hardy

CHAPTER 354

AN ACT relating to taxation; repealing the prospective expiration of the exemption from the property tax levied on the real and personal property of certain apprenticeship programs; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law provides an exemption from the taxes levied on the real and personal property of an apprenticeship program if the property is held in trust or owned by a local or state apprenticeship committee. In addition, the apprenticeship program must be registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS and operated by an organization qualified pursuant to 26 U.S.C. § 501(c)(3) or (5). (NRS 361.106) The exemption expires by limitation on July 1, 2007.

This bill removes the provision which requires the exemption to expire by limitation.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 58 of chapter 10, Statutes of Nevada 2001, at page 68, is hereby repealed.

Sec. 2. This act becomes effective on July 1, 2007.

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CHAPTER 355, AB 197

Assembly Bill No. 197–Committee on Ways and Means

CHAPTER 355

AN ACT making an appropriation to the Office of the State Controller for the purchase of computer hardware and software; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Office of the State Controller the sum of $79,797 for the purchase of computer hardware and software.

Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

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ê2007 Statutes of Nevada, Page 1723 (CHAPTER 355, AB 197)ê

the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

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CHAPTER 356, AB 200

Assembly Bill No. 200–Committee on Ways and Means

CHAPTER 356

AN ACT making an appropriation to the Information Technology Division of the Department of Administration to add sites and enhancements to the 800 MHz radio system; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State Highway Fund to the Information Technology Division of the Department of Administration the sum of $7,630,700 for adding 10 sites and enhancements to the 800 MHz radio project.

Sec. 3. This act becomes effective upon passage and approval.

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ê2007 Statutes of Nevada, Page 1724ê

CHAPTER 357, AB 202

Assembly Bill No. 202–Committee on Ways and Means

CHAPTER 357

AN ACT making an appropriation to the State Gaming Control Board for implementation of new information system security measures and replacement of equipment; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the State Gaming Control Board the sum of $943,904 for the implementation of new information system security measures and the purchase of replacement equipment for electronic eavesdropping countermeasures, computer hardware and software and radio equipment.

Sec. 3. This act becomes effective upon passage and approval.

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CHAPTER 358, AB 203

Assembly Bill No. 203–Committee on Ways and Means

CHAPTER 358

AN ACT making an appropriation to the Grants Management Unit of the Department of Health and Human Services to purchase vehicles for and expand the capacity of Family Resource Centers; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Grants Management Unit of the Department of Health and Human Services the sum of $260,000 to provide for the purchase of vehicles, improvements to facilities or information technology.

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ê2007 Statutes of Nevada, Page 1725 (CHAPTER 358, AB 203)ê

entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

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CHAPTER 359, AB 204

Assembly Bill No. 204–Committee on Ways and Means

CHAPTER 359

AN ACT making an appropriation to the Department of Education for upgrading video equipment and replacing computer equipment; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $127,579 for upgrading videoconferencing equipment in the Carson City and Las Vegas offices, and purchasing replacement computer hardware and software.

Sec. 3. This act becomes effective upon passage and approval.

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ê2007 Statutes of Nevada, Page 1726ê

CHAPTER 360, AB 205

Assembly Bill No. 205–Committee on Ways and Means

CHAPTER 360

AN ACT making an appropriation to the Department of Administration for the purchase of motor pool vehicles; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Department of Administration the sum of $907,649 for the purchase of 54 motor pool vehicles.

Sec. 3. This act becomes effective upon passage and approval.

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CHAPTER 361, AB 206

Assembly Bill No. 206–Committee on Ways and Means

CHAPTER 361

AN ACT making an appropriation to the Department of Administration to fund certain information technology projects; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Department of Administration the sum of $4,728,740 to pay the costs of information technology projects, including a state lands management system, enhancements to the Nevada Employee Action and Timekeeping System and the Nevada Executive Budget System, an electronic birth registration system, a study on the replacement of the EMS radio system, a medical and health records storage data warehouse and disaster recovery storage. The money expended for each such information technology project must be accounted for in a separate category within the appropriate budget account.

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ê2007 Statutes of Nevada, Page 1727 (CHAPTER 361, AB 206)ê

Sec. 3. This act becomes effective upon passage and approval.

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CHAPTER 362, AB 244

Assembly Bill No. 244–Assemblymen Conklin, Parnell, Smith and Kirkpatrick

CHAPTER 362

AN ACT relating to education; revising provisions governing the review of school districts based upon certain financial management principles; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law provides that to the extent money is made available by the Legislature, each school district in this State must undergo a review every 6 years to determine whether the school district is successfully carrying out certain financial management principles. (NRS 387.602-387.644) A school district may, under certain circumstances, be exempt from the 6-year review and undergo the review every 12 years. (NRS 387.631, 387.639) Upon completion of the review of a school district, the consultant who conducted the review must submit a preliminary report of the review to the superintendent of schools of the school district for the superintendent to prepare a written response. The preliminary report and the final report must be made available to the general public. (NRS 387.631) This bill revises provisions governing the preliminary report of the review and requires the consultant to submit the preliminary report to the superintendent of the school district or the superintendent’s designee for preparation of a written response of the school district. This bill also makes the preliminary report confidential until the final report has been submitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 387.631 is hereby amended to read as follows:

387.631 1. The consultant shall complete the review of a school district within 6 months after the date on which the review is commenced. The consultant shall prepare a final written report of the review that:

(a) Is documented by sufficient, competent and relevant evidence to provide a reasonable basis for the findings and conclusions of the consultant.

(b) If the consultant determines that the school district is not successfully carrying out the management principles in one or more of the areas set forth in subsection 2 of NRS 387.622, includes a plan for corrective action for the school district to carry out successfully the management principles in each area within 2 years.

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ê2007 Statutes of Nevada, Page 1728 (CHAPTER 362, AB 244)ê

school district to carry out successfully the management principles in each area within 2 years. The plan must:

(1) Be logically connected to and substantiated by the results of the review;

(2) Be specific and detailed; and

(3) Identify methods for the school district to reduce its costs and expenses.

2. The consultant shall furnish a copy of the preliminary report of the review to the superintendent of schools of the school district or the superintendent’s designee and discuss the report with the [superintendent.] superintendent or the superintendent’s designee. Within 30 days after receipt of the preliminary report, the superintendent [shall, in consultation with the board of trustees of the school district,] or the superintendent’s designee shall prepare a written response to the preliminary report that includes a statement of explanation or rebuttal of any findings contained in the preliminary report. The consultant shall include the written response of the school district in his final written report submitted pursuant to subsection 1.

3. The final written report of the consultant must be submitted to the board of trustees of the school district, the State Board, the Legislative Auditor and the Director of the Legislative Counsel Bureau for transmission to the Legislature within 60 days after the review is complete.

4. If the consultant determines that a school district is successfully carrying out the management principles for each of the areas set forth in subsection 2 of NRS 387.622, the school district is exempt from its next 6-year review unless the Legislature subsequently determines that the conditions or circumstances occurring within the school district warrant another review pursuant to NRS 387.602 to 387.644, inclusive. If a school district is exempt pursuant to this subsection, the exemption is valid for only one review and the school district must undergo a review at least once every 12 years.

5. The preliminary report is confidential until the final report is submitted. After the final written report is submitted, the preliminary report and the final report must be made available to the general public.

Sec. 2. This act becomes effective on July 1, 2007.

________

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

ê2007 Statutes of Nevada, Page 1729ê

CHAPTER 363, AB 246

Assembly Bill No. 246–Committee on Ways and Means

CHAPTER 363

AN ACT relating to courts; increasing the number of district judges in the Second and Eighth Judicial Districts; increasing the number of district judges in the Second and Eighth Judicial Districts who must be judges of the family court; making an appropriation; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Section 1.5 of this bill increases the number of district judges in the Second Judicial District, which includes Washoe County, from 12 to 14. (NRS 3.010, 3.012) Both of the additional district judges must be judges of the family court, increasing the number of judges of the family court in the Second Judicial District from 4 to 6. (NRS 3.012)

Section 2 of this bill increases the number of district judges in the Eighth Judicial District, which includes Clark County, from 37 to 43. (NRS 3.010, 3.018) Five of the 6 additional district judges must be judges of the family court, increasing the number of judges of the family court in the Eighth Judicial District from 13 to 18. (NRS 3.018)

Sections 4 and 4.5 of this bill make an appropriation to pay for the salaries of the additional district judges.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1 and 1.3. (Deleted by amendment.)

Sec. 1.5. NRS 3.012 is hereby amended to read as follows:

3.012 For the Second Judicial District there must be [12] 14 district judges, [4] 6 of whom must be judges of the family court.

Sec. 1.7. NRS 3.013 is hereby amended to read as follows:

3.013 For the Third Judicial District there must be [three] two district judges.

Sec. 2. NRS 3.018 is hereby amended to read as follows:

3.018 For the Eighth Judicial District there must be [37] 43 district judges, [13] 18 of whom must be judges of the family court.

Sec. 3. The additional district judges required for the Second Judicial District pursuant to section 1.5 of this act and the additional district judges required for the Eighth Judicial District pursuant to section 2 of this act must be selected at the general election held on November 4, 2008, and take office on January 5, 2009. The terms of these judges expire on January 5, 2015.

Sec. 4. 1. There is hereby appropriated from the State General Fund to the District Judges’ Salary Account the sum of $852,992 for the salaries of the additional district judges required pursuant to sections 1.5 and 2 of this act.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, and reverts to the State General Fund as soon as all payments of money committed have been made.

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

ê2007 Statutes of Nevada, Page 1730 (CHAPTER 363, AB 246)ê

Sec. 4.5. 1. There is hereby appropriated from the State General Fund to the District Judges’ Salary Account the sum of $700,248 for the salaries of the additional district judges required pursuant to sections 1.5 and 2 of this act.

Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

Sec. 6. 1. This section and sections 3 and 5 of this act become effective on October 1, 2007.

2. Section 4 of this act becomes effective on July 1, 2008, if Senate Bill No. 248 of this Session is enacted by the Legislature and approved by the Governor.

3. Section 4.5 of this act becomes effective on July 1, 2008, only if section 4 of this act does not become effective.

4. Sections 1 to 2, inclusive, of this act become effective on January 5, 2009.

________

CHAPTER 364, AB 271

Assembly Bill No. 271–Committee on Ways and Means

CHAPTER 364

AN ACT making appropriations to the Division of Health Care Financing and Policy of the Department of Health and Human Services for relocation expenses and replacement vehicles, phone system and other equipment; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services:

1. For Health Care Financing and Policy, Administration, the sum of $157,112 for expenses related to the relocation of the Las Vegas Office, purchase of a heavy duty color printer, surge protectors and computer software and replacement of servers, storage appliances, laptop and desktop computers and furniture.

2. For the Nevada Check Up Program, the sum of $13,373 for expenses related to the relocation of the Las Vegas Office.

3. For Nevada Medicaid, Title XIX, the sum of $354,264 for expenses related to the relocation of the Las Vegas Office, replacement of the Reno Office phone system and three replacement vehicles.

Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

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

ê2007 Statutes of Nevada, Page 1731 (CHAPTER 364, AB 271)ê

entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 365, AB 272

Assembly Bill No. 272–Committee on Ways and Means

CHAPTER 365

AN ACT making appropriations to the Department of Health and Human Services to replace vehicles, appliances, radios and other equipment at certain youth facilities; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Juvenile Correctional Facility the sum of $54,315 for replacement equipment, including a dishwasher, a walk-in freezer, hot water heaters, a culinary mixer and a meat slicer.

2. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Nevada Youth Training Center the sum of $100,073 for replacement of equipment, including two-way radios, a riding lawn mower, washers and dryers for cottages, an infirmary refrigerator, lockers for cottages, an industrial fryer and maintenance utility vehicles.

3. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Caliente Youth Center the sum of $86,425 to replace agency-owned vehicles and equipment for youth dormitories, the facility kitchen and grounds maintenance.

Sec. 3. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1732ê

CHAPTER 366, AB 542

Assembly Bill No. 542–Committee on Ways and Means

CHAPTER 366

AN ACT making supplemental appropriations to the Department of Health and Human Services for payment of stale Medicaid claims; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Health and Human Services the sum of $439,365 for payment of a stale claim for Medicaid overpayment at the Desert Regional Center. This appropriation is supplemental to that made by section 19 of chapter 327, Statutes of Nevada 2003, at page 1834.

2. There is hereby appropriated from the State General Fund to the Department of Health and Human Services the sum of $95,229 for payment of a stale claim for Medicaid overpayment at the Rural Regional Center. This appropriation is supplemental to that made by section 19 of chapter 327, Statutes of Nevada 2003, at page 1834.

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 367, AB 273

Assembly Bill No. 273–Committee on Ways and Means

CHAPTER 367

AN ACT making an appropriation to the Department of Health and Human Services for computer software and hardware and other equipment; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Department of Health and Human Services, Aging Older Americans Act, the sum of $52,748 to partially fund the replacement of computer hardware and software and to partially fund the purchase of air-conditioning for server rooms in Reno and Carson City.

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

ê2007 Statutes of Nevada, Page 1733 (CHAPTER 367, AB 273)ê

purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 368, AB 275

Assembly Bill No. 275–Committee on Ways and Means

CHAPTER 368

AN ACT making appropriations to restore the balances in the Stale Claims Account, Emergency Account and Reserve for Statutory Contingency Account; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the:

1. Stale Claims Account created by NRS 353.097 the sum of $4,500,000 to restore the balance in the Account.

2. Emergency Account created by NRS 353.263 the sum of $154,973 to restore the balance in the Account.

3. Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $5,000,000 to restore the balance in the Account.

Sec. 2. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1734ê

CHAPTER 369, AB 469

Assembly Bill No. 469–Assemblymen Mortenson, Anderson, Buckley, Koivisto, McClain, Pierce and Womack

CHAPTER 369

AN ACT relating to parks; requiring the Division of State Parks of the State Department of Conservation and Natural Resources, to the extent that money is available, to conduct a study of the feasibility of establishing and developing a park in the Upper Las Vegas Wash; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Section 2 of this bill requires the Division of State Parks of the State Department of Conservation and Natural Resources to work with the University of Nevada, Las Vegas, to conduct a study of the feasibility of establishing and developing a park in the Upper Las Vegas Wash if sufficient money is available.

Whereas, The portion of the Upper Las Vegas Wash known as the Tule Springs Archaeological Site was the site of significant archaeological and paleontological digs in the 1960s; and

Whereas, The Upper Las Vegas Wash is world-famous for its abundant and well-preserved fossils of extinct animals dating to the latter part of the ice age; and

Whereas, The fossils found in the Upper Las Vegas Wash range in age from more than 40,000 years old to 11,000 years old and include remains of extinct mammoths, ground sloths, giant lions, camels and llamas, giant bison and large and small horses, as well as abundant small mammals, birds, reptiles, amphibians and fish; and

Whereas, Study of these fossils could provide significant educational resources to the people of the State of Nevada; and

Whereas, The Upper Las Vegas Wash is one of the last remnants of untouched desert immediately adjacent to the City of Las Vegas, and thus is an important natural resource for the State of Nevada; and

Whereas, The Upper Las Vegas Wash should be preserved to ensure the resource is not lost; and

Whereas, A park created in the Upper Las Vegas Wash could become a major attraction for the people of Nevada, bringing national and international tourists to the State in the same way that the La Brea Tar Pits of Los Angeles attract visitors to California; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. 1. The Division of State Parks of the State Department of Conservation and Natural Resources, in cooperation with the University of Nevada, Las Vegas, shall, to the extent that money is available, conduct or cause to be conducted, a study to consider the feasibility of establishing and developing a park in the area of Clark County, Nevada, known as the Upper Las Vegas Wash, consisting of approximately 315 acres, more properly described as: Lot 7, SE 1/4 of the SW 1/4, S 1/2 of the SE 1/4 of section 6; and Lot 1, the NE 1/4 of the NW 1/4, the N 1/2 of the NE 1/4 of section 7; all in T.

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

ê2007 Statutes of Nevada, Page 1735 (CHAPTER 369, AB 469)ê

Las Vegas Wash, consisting of approximately 315 acres, more properly described as: Lot 7, SE 1/4 of the SW 1/4, S 1/2 of the SE 1/4 of section 6; and Lot 1, the NE 1/4 of the NW 1/4, the N 1/2 of the NE 1/4 of section 7; all in T. 19 S., R. 61 E., M.D.B. & M.

2. Any such study must include, without limitation, a consideration of the feasibility of developing a museum and a live dig site that is available for the public to visit.

3. The Division may receive and expend money from any public or private institution or person to carry out the provisions of this section.

4. The Administrator of the Division of State Parks may appoint an advisory board consisting of recognized paleontologists from within or without the State of Nevada to assist him in carrying out any study conducted pursuant to subsection 1.

Sec. 3. (Deleted by amendment.)

Sec. 4. This act becomes effective on July 1, 2007.

________

CHAPTER 370, AB 539

Assembly Bill No. 539–Committee on Ways and Means

CHAPTER 370

AN ACT making appropriations to the State Department of Agriculture; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the State Department of Agriculture, Administration, the sum of $138,725 for the purchase of servers for the Reno and Las Vegas offices and other computer hardware and software, and the replacement of two vehicles.

2. There is hereby appropriated from the State General Fund to the State Department of Agriculture for the Plant Industry Program the sum of $267,045 for the replacement of 14 vehicles.

3. There is hereby appropriated from the State General Fund to the State Department of Agriculture, Veterinary Medical Services, the sum of $51,973 for the purchase of new and replacement laboratory equipment for Reno and Elko and to replace one veterinary vehicle.

Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1736ê

CHAPTER 371, AB 543

Assembly Bill No. 543–Committee on Ways and Means

CHAPTER 371

AN ACT making supplemental appropriations to the Department of Motor Vehicles for various costs; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State Highway Fund to the Director’s Office of the Department of Motor Vehicles the sum of $655,116 for an anticipated shortfall in operating costs for kiosks throughout the State. This appropriation is supplemental to that made by section 32 of chapter 434, Statutes of Nevada 2005, at page 1943.

2. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles, Automation Division, the sum of $374,024 for unanticipated Department of Information Technology charges. This appropriation is supplemental to that made by section 32 of chapter 434, Statutes of Nevada 2005, at page 1943.

3. There is hereby appropriated from the State Highway Fund to the Hearings Office of the Department of Motor Vehicles the sum of $5,378 for a shortfall in operating costs due to an increased hearing caseload. This appropriation is supplemental to that made by section 32 of chapter 434, Statutes of Nevada 2005, at page 1943.

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 372, AB 544

Assembly Bill No. 544–Committee on Ways and Means

CHAPTER 372

AN ACT making appropriations to the Department of Transportation for highway improvements; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Department of Transportation for improvements, funded by State General Fund revenues in excess of the spending cap, to:

1. Interstate Highway 15 in Las Vegas, the sum of $154,000,000.

2. State Route 160, Blue Diamond, the sum of $16,000,000, except that no portion of this sum for improvements to State Route 160 may be utilized by the Department unless the State Controller, upon satisfactory proof submitted by the Department, determines that $2,000,000, in money or in goods and services provided in kind, or both, has been committed for such improvements from sources other than federal, state, regional or local governmental entities.

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

ê2007 Statutes of Nevada, Page 1737 (CHAPTER 372, AB 544)ê

submitted by the Department, determines that $2,000,000, in money or in goods and services provided in kind, or both, has been committed for such improvements from sources other than federal, state, regional or local governmental entities.

Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2011, by the entity to which the appropriations are made or any entity to which money from an appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.

Sec. 3. In addition to the appropriations made by section 1 of this act, there is hereby appropriated from the State Highway Fund to the Department of Transportation for improvements to Interstate Highway 15 in Las Vegas:

For the Fiscal Year 2007-2008................................................. $8,000,000

For the Fiscal Year 2008-2009................................................. $8,000,000

Sec. 4. Any remaining balance of the appropriations made by section 3 of this act must not be committed for expenditure after June 30, 2011, by the entity to which the appropriations are made or any entity to which money from an appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 16, 2011.

Sec. 5. 1. This section and sections 1 and 2 of this act become effective upon passage and approval.

2. Sections 3 and 4 of this act become effective on July 1, 2007.

________

CHAPTER 373, AB 551

Assembly Bill No. 551–Committee on Ways and Means

CHAPTER 373

AN ACT making appropriations to the Department of Cultural Affairs; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Cultural Affairs, Administration, the sum of $250,124 for computer replacement for all agencies within the Department that are funded by the State General Fund.

2. There is hereby appropriated from the State General Fund to the Archives and Records Division of the Department of Cultural Affairs the sum of $89,146 for a box tracking software system to improve efficiency, accuracy and responsiveness within the State Records Center.

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

ê2007 Statutes of Nevada, Page 1738 (CHAPTER 373, AB 551)ê

sum of $89,146 for a box tracking software system to improve efficiency, accuracy and responsiveness within the State Records Center.

3. There is hereby appropriated from the State General Fund to the Division of Museums and History of the Department of Cultural Affairs the sum of $505,092 for the purchase of new and replacement equipment, including tables, chairs, cabinets, racks, a dry-mount press and vehicles, and for the purchase of a portion of the Liberty Belle antique slot machine collection.

4. There is hereby appropriated from the State General Fund to the Nevada State Library of the Department of Cultural Affairs the sum of $68,115 for the purchase of three microfilm remote access systems and for the replacement of staff chairs and rolling ladders.

5. There is hereby appropriated from the State General Fund to the State Railroad Museum of the Department of Cultural Affairs the sum of $120,000 to comply with the amended agreement for restoration of McKeen Motor Car by completing restoration of the Motor Car and performing a restoration feasibility study for Nevada Copper Belt No. 22, a Hall-Scott car.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 374, AB 563

Assembly Bill No. 563–Committee on Education

CHAPTER 374

AN ACT relating to education; revising the calculation of the basic support guarantee for school districts in Fiscal Year 2008-2009 under certain circumstances; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

This bill would require the Superintendent of Public Instruction to recalculate the basic support guarantee for Fiscal Year 2008-2009 based upon a salary increase of 4.375 percent rather than 4 percent if the projected revenues from the local school support tax exceed a certain threshold.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. On or before May 1, 2008, the Interim Finance Committee shall project the revenue to be received in the Fiscal Year 2007-2008 from out-of-state local school support tax revenues within the State Distributive School Account plus in-state local school support tax revenues pursuant to paragraph (b) of subsection 1 of NRS 387.1235, using all relevant information known to it.

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

ê2007 Statutes of Nevada, Page 1739 (CHAPTER 374, AB 563)ê

Distributive School Account plus in-state local school support tax revenues pursuant to paragraph (b) of subsection 1 of NRS 387.1235, using all relevant information known to it.

2. If the amount projected pursuant to subsection 1 exceeds $1,146,335,088 the Interim Finance Committee shall so notify the Superintendent of Public Instruction and the Superintendent shall base the recalculation of the basic support guarantee required by subsection 6 of section 2 of Assembly Bill No. 627 of this session on a salary increase of 4.375 percent taking effect on July 1, 2008 instead of an increase of 4 percent.

________

CHAPTER 375, AB 617

Assembly Bill No. 617–Committee on Ways and Means

CHAPTER 375

AN ACT making an appropriation to the Interim Finance Committee for certain contingencies and potential transfer to the Fund to Stabilize the Operation of the State Government; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $36,000,000.

2. If the State Board of Examiners finds that circumstances for which the Legislature has made no other provision require a substantial expenditure that greatly exceeds the amount appropriated by the Legislature for that purpose, it may request an allocation by the Interim Finance Committee from the amount appropriated pursuant to subsection 1. If the Interim Finance Committee determines that the expenditure is required, that the amount greatly exceeds the amount appropriated by the Legislature for that purpose and that no other source of funding is available for the expenditure, the Interim Finance Committee may approve an allocation from the appropriation. The Interim Finance Committee shall by resolution establish the amount and purpose of the allocation, and direct the State Controller to transfer that amount to the appropriate fund and account. The State Controller shall thereupon make the transfer. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

3. Upon receipt of the projections and estimates of the Economic Forum pursuant to paragraph (d) of subsection 1 of NRS 353.228 that are required to be reported before December 1, 2008, the Interim Finance Committee shall project the ending balance in the State General Fund for the Fiscal Year 2008-2009, using all relevant information available. If the projected ending fund balance for the Fiscal Year 2008-2009 exceeds the amount estimated by the 2007 Legislature, any remaining balance of the amount appropriated pursuant to subsection 1 must be transferred on January 1, 2009, to the Fund to Stabilize the Operation of State Government created pursuant to NRS 353.288.

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

ê2007 Statutes of Nevada, Page 1740 (CHAPTER 375, AB 617)ê

amount appropriated pursuant to subsection 1 must be transferred on January 1, 2009, to the Fund to Stabilize the Operation of State Government created pursuant to NRS 353.288.

Sec. 2. This act becomes effective on July 1, 2008.

________

CHAPTER 376, AB 618

Assembly Bill No. 618–Committee on Ways and Means

CHAPTER 376

AN ACT making a contingent appropriation to the Tahoe Regional Planning Agency for replacement of vehicles; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Tahoe Regional Planning Agency the sum of $79,763 for the replacement of eight older, high-mileage vehicles.

2. The Tahoe Regional Planning Agency may use the money appropriated by subsection 1 only if matching funds of at least $159,525 are provided by the State of California from sources other than the appropriation made by subsection 1.

Sec. 2. Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1741ê

CHAPTER 377, AB 625

Assembly Bill No. 625–Committee on Ways and Means

CHAPTER 377

AN ACT relating to court programs; reducing the allocation of administrative assessments for use by the Supreme Court to provide an allocation for specialty court programs; eliminating the requirement that the Court Administrator submit a domestic violence report in 2009; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law requires that 60 percent of the proceeds from certain administrative assessments be distributed to the Court Administrator for use by the Supreme Court. (NRS 176.059) Section 1 of this bill reduces that allocation to 48 percent and requires the remaining 12 percent to be allocated for use by specialty court programs.

Existing law requires the Court Administrator to submit to the Director of the Legislative Counsel Bureau biennially a written report concerning the effectiveness of counseling programs for persons who commit domestic violence. (NRS 1.360) Sections 2 and 3 of this bill eliminate this requirement after 2007.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 176.059 is hereby amended to read as follows:

176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads guilty or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

Fine Assessment

$5 to $49.............................................................................................. $25

50 to 59................................................................................................... 40

60 to 69................................................................................................... 45

70 to 79................................................................................................... 50

80 to 89................................................................................................... 55

90 to 99................................................................................................... 60

100 to 199.............................................................................................. 70

200 to 299.............................................................................................. 80

300 to 399.............................................................................................. 90

400 to 499............................................................................................ 100

500 to 1,000........................................................................................ 115

If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.

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

ê2007 Statutes of Nevada, Page 1742 (CHAPTER 377, AB 625)ê

2. The provisions of subsection 1 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

(a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

(b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

6. The money collected for administrative assessments in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

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

ê2007 Statutes of Nevada, Page 1743 (CHAPTER 377, AB 625)ê

(a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

(b) Seven dollars for credit to a special revenue fund for the use of the justice courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

7. The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

(a) Training and education of personnel;

(b) Acquisition of capital goods;

(d) Audits.

8. Of the total amount deposited in the State General Fund pursuant to subsections 5 and 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

(a) Not less than 51 percent to the Office of Court Administrator for allocation as follows:

(1) Eighteen and one-half percent of the amount distributed to the Office of Court Administrator for the administration of the courts.

(2) Nine percent of the amount distributed to the Office of Court Administrator for the development of a uniform system for judicial records.

(3) Nine percent of the amount distributed to the Office of Court Administrator for continuing judicial education.

(4) [Sixty] Forty-eight percent of the amount distributed to the Office of Court Administrator for the Supreme Court.

(5) Three and one-half percent of the amount distributed to the Office of Court Administrator for the payment for the services of retired justices and retired district judges.

(6) Twelve percent of the amount distributed to the Office of Court Administrator for the provision of specialty court programs.

(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

(1) The Central Repository for Nevada Records of Criminal History;

(2) The Peace Officers’ Standards and Training Commission;

(3) The operation by the Nevada Highway Patrol of a computerized switching system for information related to law enforcement;

(4) The Fund for the Compensation of Victims of Crime; and

(5) The Advisory Council for Prosecuting Attorneys.

9. As used in this section:

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

ê2007 Statutes of Nevada, Page 1744 (CHAPTER 377, AB 625)ê

(a) “Juvenile court” has the meaning ascribed to it in NRS 62A.180.

(b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.

Sec. 2. NRS 1.360 is hereby amended to read as follows:

1.360 Under the direction of the Supreme Court, the Court Administrator shall:

1. Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this State and make recommendations, through the Chief Justice, for the improvement of those procedures;

2. Examine the condition of the dockets of the courts and determine the need for assistance by any court;

3. Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;

4. Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the State Court System and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;

5. Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the State Court System and make recommendations in respect thereto;

6. Develop procedures for accounting, internal auditing, procurement and disbursement for the State Court System;

7. Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the State Court System and the offices connected therewith;

8. Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the cases filed in the district courts;

9. Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the State Court System;

10. On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year;

11. On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau a written report concerning:

(a) The distribution of money deposited in the special account created pursuant to NRS 176.0613 to assist with funding and establishing specialty court programs;

(b) The current status of any specialty court programs to which money from the account was allocated since the last report; and

12. On or before February 15 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling the information submitted by clerks of courts to the Court Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person;

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

ê2007 Statutes of Nevada, Page 1745 (CHAPTER 377, AB 625)ê

Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person;

13. On or before February 15 [of each odd-numbered year,] , 2007, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning the effectiveness of participation in counseling sessions in a program for the treatment of persons who commit domestic violence ordered by a court pursuant to NRS 200.485 and the effect of such counseling sessions on recidivism of the offenders who commit battery which constitutes domestic violence pursuant to NRS 33.018; and

14. Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.

Sec. 3. Section 3 of chapter 162, Statutes of Nevada 2005, at page 536, is hereby amended to read as follows:

Sec. 3. The report submitted to the Legislature by the Court Administrator in 2007 [and 2009] pursuant to subsection 13 of NRS 1.360, as amended by this act, must include information concerning the effectiveness of biweekly counseling sessions and the effect, if any, of participating in biweekly counseling sessions on recidivism of offenders.

Sec. 4. (Deleted by amendment.)

Sec. 5. 1. This section and sections 2, 3 and 4 of this act become effective upon passage and approval.

2. Section 1 of this act becomes effective on July 1, 2008.

________

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

ê2007 Statutes of Nevada, Page 1746ê

CHAPTER 378, AB 626

Assembly Bill No. 626–Committee on Ways and Means

CHAPTER 378

AN ACT relating to programs for public personnel; establishing for the next biennium the amount to be paid to the Public Employees’ Benefits Program for group insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

This bill establishes the State’s share of the costs of premiums or contributions for group insurance for state officers and employees who participate in the Public Employees’ Benefits Program. (NRS 287.044, 287.0445, 287.046) This bill also establishes the base amount that is used to calculate the share of the costs of premiums or contributions for group insurance that must be paid by the State and local governments for retired public officers and employees who have at least 5 years of service and who participate in the Program. (NRS 287.023, 287.046)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. For the purposes of NRS 287.044 and 287.0445 and subsection 1 of NRS 287.046, the State’s share of the cost of premiums or contributions for group insurance for each public officer or employee who elects to participate in the Public Employees’ Benefits Program is:

(a) For the Fiscal Year 2007-2008, $557.30 per month.

(b) For the Fiscal Year 2008-2009, $626.16 per month.

2. If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the public officer or employee selects less any amount paid by the public officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created pursuant to NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees’ Benefits Program through such a public officer or employee.

Sec. 2. For the purposes of NRS 287.023 and subsection 2 of NRS 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired and continues to participate in the Public Employees’ Benefits Program is:

1. For the Fiscal Year 2007-2008, $365.34 per month.

2. For the Fiscal Year 2008-2009, $410.48 per month.

Sec. 3. This act becomes effective on July 1, 2007.

________

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

ê2007 Statutes of Nevada, Page 1747ê

CHAPTER 379, SB 186

Senate Bill No. 186–Committee on Finance

CHAPTER 379

AN ACT making an appropriation to the Office of the Governor to purchase replacement computer hardware and software and office furniture and machines; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Office of the Governor the sum of $32,405 to purchase replacement computer hardware and software, surge protectors, printers, office furniture, a fax machine, a scanner and two auto pens.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 380, SB 189

Senate Bill No. 189–Committee on Finance

CHAPTER 380

AN ACT making an appropriation to the Interim Finance Committee for allocation to the Department of Wildlife for the implementation of sagebrush habitat projects; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $200,800 for allocation to the Department of Wildlife to support implementation of sagebrush habitat projects identified in state and local plans.

2. Money appropriated pursuant to subsection 1 may only be allocated upon:

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

ê2007 Statutes of Nevada, Page 1748 (CHAPTER 380, SB 189)ê

(a) Submittal by the Department of Wildlife of a detailed plan with cost estimates referencing the specific sagebrush habitat projects identified in the state and local sage grouse conservation plans that will be implemented;

(b) Approval of the plan and recommendation of the allocation by the State Board of Examiners; and

(c) Approval of the plan and allocation by the Interim Finance Committee. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

3. Money appropriated and allocated pursuant to this section may only be used to satisfy the requirements for matching funds pursuant to the Federal Aid in Wildlife Restoration Act or to qualify for any other appropriate federal funding for implementation of the identified sagebrush habitat projects.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 381, SB 192

Senate Bill No. 192–Committee on Finance

CHAPTER 381

AN ACT making an appropriation to the Nevada System of Higher Education to fund a portion of the cost of the integration of computing resources; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $10,000,000 to fund the integration of computing resources. The Nevada System of Higher Education shall not expend any portion of the amount appropriated pursuant to this section until it has expended $15,000,000 for this purpose from other sources.

Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.

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

ê2007 Statutes of Nevada, Page 1749 (CHAPTER 381, SB 192)ê

purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 382, SB 226

Senate Bill No. 226–Senator Amodei

CHAPTER 382

AN ACT making an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources to pay the expenses involved in thinning the forests in state parks; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. 1. There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $150,000 to be used to pay the expenses involved in thinning forests in state parks, including, without limitation, expenses related to the use of prison crews to perform the thinning and the costs of any other services that are necessary to manage effectively the thinning of the forests through harvesting of timber.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. 1. The Division of State Parks of the State Department of Conservation and Natural Resources shall, during the 2007-2009 interim, conduct a study:

(a) To determine the feasibility of generating revenue for forest management through thinning the forests in state parks, including, without limitation, the use of forest products for biomass fuel, soil amendments, commercial Christmas trees, firewood and commercial lumber harvesting; and

(b) To evaluate the fireshed management plan for protecting the Lake Tahoe Basin from fire incursion from outside the Basin.

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

ê2007 Statutes of Nevada, Page 1750 (CHAPTER 382, SB 226)ê

2. The Administrator of the Division shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.

Sec. 4. This act becomes effective on July 1, 2007.

________

CHAPTER 383, SB 248

Senate Bill No. 248–Committee on Finance

CHAPTER 383

AN ACT relating to the judicial system; adjusting prospectively the salaries of justices of the Supreme Court and district judges; making an appropriation; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Section 1 of this bill prospectively increases the annual base salaries of justices of the Supreme Court from $140,000 to $170,000. (NRS 2.050) Section 2 of this bill prospectively increases the annual base salaries of district judges from $130,000 to $160,000. (NRS 3.030)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 2.050 is hereby amended to read as follows:

2.050 1. Until the first Monday in January [2003,] 2009, the justices of the Supreme Court whose terms of office expire on the first Monday in January [2003] 2009 are entitled to receive an annual base salary of [$107,600.] $140,000. From and after the first Monday in January [2003,] 2009, their successors in office are entitled to receive an annual base salary of [$140,000.] $170,000.

2. Until the first Monday in January [2005,] 2011, the justices of the Supreme Court whose terms of office expire on the first Monday in January [2005] 2011 are entitled to receive an annual base salary of [$107,600.] $140,000. From and after the first Monday in January [2005,] 2011, their successors in office are entitled to receive an annual base salary of [$140,000.] $170,000.

3. Until the first Monday in January [2007,] 2013, the justices of the Supreme Court whose terms of office expire on the first Monday in January [2007] 2013 are entitled to receive an annual base salary of [$107,600.] $140,000. From and after the first Monday in January [2007,] 2013, their successors in office are entitled to receive an annual base salary of [$140,000.] $170,000.

4. All salaries provided for in this section are payable in biweekly installments as other state officers are paid.

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

ê2007 Statutes of Nevada, Page 1751 (CHAPTER 383, SB 248)ê

Sec. 2. NRS 3.030 is hereby amended to read as follows:

3.030 1. Until the first Monday in January [2003,] 2009, the annual base salary of each district judge is [$100,000.] $130,000. From and after the first Monday in January [2003,] 2009, the annual base salary of each district judge is [$130,000.] $160,000.

2. If a district judge has served in his office for at least 4 years, he is entitled to an additional salary of 2 percent of his annual base salary for each year of service. The additional salary must not exceed 22 percent of his annual base salary.

3. The annual base salaries and the additional salary for longevity must be paid in biweekly installments out of the District Judges’ Salary Account of the Supreme Court.

4. No salary of any district judge may be paid in advance.

Sec. 3. 1. There is hereby appropriated from the State General Fund to the Supreme Court the sum of $46,590 for the additional salary costs for justices of the Supreme Court resulting from section 1 of this act.

2. There is hereby appropriated from the State General Fund to the District Judges’ Salary Account the sum of $1,212,274 for additional salary costs for district judges resulting from section 2 of this act.

3. There is hereby appropriated from the State General Fund to the Senior Justice and Senior Judge Program Account the sum of $185,445 for the additional salary costs for Senior Justices and Senior Judges resulting from the increased salaries provided for justices of the Supreme Court and district judges in sections 1 and 2 of this act.

4. Any remaining balance of the appropriations made by subsections 1, 2 and 3 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 4. 1. This section and sections 1 and 2 of this act become effective upon passage and approval.

2. Section 3 of this act becomes effective on July 1, 2008.

________

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

ê2007 Statutes of Nevada, Page 1752ê

CHAPTER 384, SB 250

Senate Bill No. 250–Committee on Finance

CHAPTER 384

AN ACT making an appropriation to the Adjutant General of the Office of the Military for the purchase of replacement vehicles and equipment; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Adjutant General of the Office of the Military the sum of $111,332 to fund replacement of older, high-mileage vehicles and associated equipment, and the purchase of an ATV/tractor, drain and duct inspection equipment and miscellaneous custodial equipment.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 385, SB 252

Senate Bill No. 252–Committee on Finance

CHAPTER 385

AN ACT making appropriations to the Division of Welfare and Supportive Services of the Department of Health and Human Services for the replacement of certain office equipment and computers; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services, Administration, of the Department of Health and Human Services the sum of $333,829 for routine replacement of aging equipment and computers.

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

ê2007 Statutes of Nevada, Page 1753 (CHAPTER 385, SB 252)ê

2. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services for Welfare Field Services the sum of $748,792 for replacement of aging computers, software and telephones.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 386, SB 251

Senate Bill No. 251–Committee on Finance

CHAPTER 386

AN ACT making appropriations to the State Department of Conservation and Natural Resources for replacement vehicles and computer hardware and software and to restore the balance in the Channel Clearance Account; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the:

1. Division of Water Resources of the State Department of Conservation and Natural Resources the sum of $82,539 for three replacement trucks and computer hardware, and $250,000 to restore the balance in the Channel Clearance Account as established in NRS 532.220 and 532.230.

2. Division of Forestry of the Department the sum of $887,623 for the replacement of computer hardware and software and 22 vehicles that are old or in poor condition.

3. Department for Forestry Conservation Camps the sum of $731,271 for the replacement of computer hardware and software, and to purchase 15 new pick-up trucks and mechanic service trucks.

4. Division of State Parks of the Department the sum of $1,802,636 for the replacement of AutoCAD stations, personal computers and software, and 61 vehicles that are inoperable or in poor condition, and the purchase of Geographic Information System hardware and software.

Sec. 2. Any remaining balance of the appropriations made by section 1 of this act except the $250,000 appropriated to restore the balance in the Channel Clearance Account must not be committed for expenditure after June 30, 2009, by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

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

ê2007 Statutes of Nevada, Page 1754 (CHAPTER 386, SB 251)ê

transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 387, SB 253

Senate Bill No. 253–Committee on Finance

CHAPTER 387

AN ACT making appropriations to the Division of Mental Health and Developmental Services of the Department of Health and Human Services for computer hardware and software, vehicles, furniture and other equipment; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Division of Mental Health and Developmental Services of the Department of Health and Human Services:

1. For administration the sum of $60,144 to replace computer hardware and software.

2. For the Mental Health Information System the sum of $146,919 to replace computer hardware and software.

3. For Northern Nevada Adult Mental Health Services the sum of $554,316 for computer hardware and software, vehicles, equipment and a refrigerator.

4. For the Lake’s Crossing Center for the Mentally Disordered Offender the sum of $138,630 for computer hardware and software, furniture, equipment and a vehicle.

5. For Southern Nevada Adult Mental Health Services the sum of $431,216 to replace computer hardware and software, vehicles, chairs, washers and dryers and office and other equipment.

6. For Rural Clinics the sum of $406,673 to replace computer hardware and software and office furniture and equipment.

7. For the Desert Regional Center the sum of $384,424 for furniture, computer hardware and software, vehicles and other equipment.

8. For the Sierra Regional Center the sum of $104,024 to replace computer hardware and software, nursing equipment and chairs.

9. For the Rural Regional Center the sum of $43,152 to replace computer hardware and software, televisions and a conference table.

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

ê2007 Statutes of Nevada, Page 1755 (CHAPTER 387, SB 253)ê

any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 388, SB 287

Senate Bill No. 287–Senator Mathews (by request)

CHAPTER 388

AN ACT making an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources for enrollment of rangers in the Police and Firefighters’ Retirement Fund; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources for the additional costs associated with the enrollment of rangers of the Division in the Police and Firefighters’ Retirement Fund established by NRS 286.225:

For Fiscal Year 2007-2008........................................................... $103,000

For Fiscal Year 2008-2009........................................................... $108,000

2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2008, and September 18, 2009, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2008, and September 18, 2009, respectively.

Sec. 2. This act becomes effective on July 1, 2007.

________

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

ê2007 Statutes of Nevada, Page 1756ê

CHAPTER 389, SB 303

Senate Bill No. 303–Senator Lee

CHAPTER 389

AN ACT relating to judges; prospectively amending the Charter of the City of North Las Vegas concerning the qualifications of municipal judges contingent upon voter approval; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Section 1 of this bill amends the Charter of the City of North Las Vegas to require a municipal judge to devote his full time to the duties of his office and to be a duly licensed member, in good standing, of the State Bar of Nevada. This requirement does not apply to a municipal judge who holds the office of municipal judge on January 1, 2009, and who continues to serve as such in uninterrupted terms. The provisions of section 1 will become effective on January 1, 2009, only if the voters of the City of North Las Vegas approve of the effect of those provisions at the 2008 General Election.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 4.020 of the Charter of the City of North Las Vegas, being Chapter 573, Statutes of Nevada 1971, as last amended by Chapter 73, Statutes of Nevada 2003, at page 485, is hereby amended to read as follows:

Sec. 4.020 Municipal Court: [Residency requirement] Qualifications of Municipal Judge; salary.

1. A Municipal Judge must have been a resident of the City for a continuous period of at least 6 months immediately preceding his election.

2. A Municipal Judge shall devote his full time to the duties of his office and must be a duly licensed member, in good standing, of the State Bar of Nevada, except that the requirement to be a duly licensed member, in good standing, of the State Bar of Nevada does not apply to any Municipal Judge who holds the office of Municipal Judge on January 1, 2009, as long as he continues to serve as such in uninterrupted terms.

3. If so required by an ordinance duly enacted, candidates for the office of Municipal Judge, at the time of filing, shall produce evidence in satisfaction of any or all of the qualifications for office.

[3.] 4. The salary of a Municipal Judge must be fixed by the City Council, must be uniform for all departments of the Municipal Court and may be increased during the term for which a Municipal Judge is elected or appointed.

Sec. 2. At the general election on November 4, 2008, in the City of North Las Vegas, a question must be placed on the general election ballot in substantially the following form:

Shall Section 4.020 of the Charter of the City of North Las Vegas be amended to require a Municipal Judge who holds the office of Municipal Judge after January 1, 2009:

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

ê2007 Statutes of Nevada, Page 1757 (CHAPTER 389, SB 303)ê

1. To devote his full time to the duties of his office; and

2. Except for a Municipal Judge who holds the office of Municipal Judge on January 1, 2009, and continues to serve in uninterrupted terms, to be a duly licensed member, in good standing, of the State Bar of Nevada?

Sec. 3. 1. This section and section 2 of this act become effective on October 1, 2007.

2. Section 1 of this act becomes effective on January 1, 2009, only if a majority of the voters voting on the question placed on the ballot pursuant to section 2 of this act vote affirmatively on the question.

________

CHAPTER 390, SB 341

Senate Bill No. 341–Committee on Finance

CHAPTER 390

AN ACT making supplemental appropriations to the Office of the Attorney General; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Office of the Attorney General’s administration account the sum of $685,979 for a cost allocation posting error in the amount of $482,979, and a shortfall in revenue received from boards and commissions in the amount of $203,000. This appropriation is supplemental to that made by section 4 of chapter 434, Statutes of Nevada 2005, at page 1936.

2. There is hereby appropriated from the State General Fund to the Office of the Attorney General’s special litigation account the sum of $60,000 for costs relating to Yucca Mountain nuclear waste litigation. This appropriation is supplemental to that made by section 4 of chapter 434, Statutes of Nevada 2005, at page 1936.

3. There is hereby appropriated from the State General Fund to the Office of the Extradition Coordinator in the Office of the Attorney General the sum of $227,386 to replenish Fiscal Year 2006-2007 extradition funds used in 2006, and to supplement funds for Fiscal Year 2006-2007 due to increased extradition costs. This appropriation is supplemental to that made by section 4 of chapter 434, Statutes of Nevada 2005, at page 1936.

Sec. 2. This act becomes effective upon passage and approval.

________

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ê2007 Statutes of Nevada, Page 1758ê

CHAPTER 391, SB 458

Senate Bill No. 458–Committee on Finance

CHAPTER 391

AN ACT making appropriations to the Department of Health and Human Services for replacement computers; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Health Division of the Department of Health and Human Services for the Office of Health Administration the sum of $83,777 for the replacement of desktop computers, software, printers, servers, switches and firewalls.

2. There is hereby appropriated from the State General Fund to the Health Division of the Department of Health and Human Services for Early Intervention Services the sum of $280,028 for the replacement of desktop computers, software, printers, servers, switches, firewalls and tablet computers.

Sec. 3. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1759ê

CHAPTER 392, SB 342

Senate Bill No. 342–Committee on Finance

CHAPTER 392

AN ACT making a supplemental appropriation to the High Level Nuclear Waste Project Office to fund nuclear waste litigation; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the High Level Nuclear Waste Project Office the sum of $400,000 to assist the Yucca Mountain high-level nuclear waste litigation in Fiscal Year 2006-2007. This appropriation is supplemental to that made by section 2 of chapter 434, Statutes of Nevada 2005, at page 1936.

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 393, SB 444

Senate Bill No. 444–Committee on Finance

CHAPTER 393

AN ACT making a supplemental appropriation to the Office of the Governor for increased dues for the National Governors Association and other costs; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Office of the Governor the sum of $63,357 for increased dues to the National Governors Association, consultant costs for the Governor’s Commission on Medical Education, Research and Training and contract costs related to maintaining a bill tracking database for the 2007 Legislative Session. This appropriation is supplemental to that made by section 2 of chapter 434, Statutes of Nevada 2005, at page 1936.

Sec. 2. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1760ê

CHAPTER 394, SB 461

Senate Bill No. 461–Committee on Finance

CHAPTER 394

AN ACT making an appropriation to the Legislative Fund for various projects of the Legislature and the Legislative Counsel Bureau; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Legislative Fund, created pursuant to NRS 218.085, the sum of $6,533,978 to be allocated as follows:

For the cost of reproducing out-of-print publications...................................................................................... $50,000

For information technology projects............................................................................................................. $1,531,654

For advance planning for a new staff office building................................................................................ $3,000,000

For the replacement of screens in the legislative chambers and miscellaneous construction and maintenance projects........................................................................................................................ $1,952,324

Sec. 2. The Legislative Counsel Bureau shall solicit bids, as appropriate, for all contracts for construction that are funded in whole or in part by money appropriated by section 1 of this act and shall comply with the provisions of NRS 338.010 to 338.090, inclusive, for all construction work performed under such contracts. All contracts entered into to carry out the provisions of this act must include a provision that prevailing wages must be paid on all work performed under the contracts in compliance with the provisions of NRS 338.010 to 338.090, inclusive. The remaining provisions of chapter 338 of NRS and the provisions of chapter 341 of NRS do not apply to such construction.

Sec. 3. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1761ê

CHAPTER 395, SB 454

Senate Bill No. 454–Committee on Finance

CHAPTER 395

AN ACT relating to state financial administration; revising the dates upon which certain uncommitted funds from prior transfers and appropriations must be reverted; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

During the 2005 Legislative Session, the Legislature required the Commission on Tourism to transfer a portion of the proceeds of the room tax to the Interim Finance Committee for allocation to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan. The Legislature provided that the tax proceeds must not be committed for expenditure after June 30, 2007, and must be reverted on or before September 21, 2007. Section 1 of this bill extends the reversion date by 2 years and adds a final reporting requirement. In 2005, the Legislature also appropriated money from the State General Fund to the Interim Finance Committee for allocation to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan. The Legislature provided that this money must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007. Section 2 of this bill extends the reversion date by 2 years and adds a final reporting requirement.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 5 of chapter 454, Statutes of Nevada 2005, at page 2089, is hereby amended to read as follows:

Sec. 5. 1. The Commission on Tourism shall, as soon as practicable after July 1, 2005, and July 1, 2006, respectively, without depleting the funds necessary for day-to-day operations, transfer the following amounts from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Interim Finance Committee:

For the Fiscal Year 2005-2006....................................... $600,000

For the Fiscal Year 2006-2007.......................................... $50,000

2. The money transferred pursuant to subsection 1 shall be allocated to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan as adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for, design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality of the Truckee River. The money must be expended on the following projects but is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.

3. The Interim Finance Committee shall allocate the money transferred pursuant to subsection 1 upon notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects.

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

ê2007 Statutes of Nevada, Page 1762 (CHAPTER 395, SB 454)ê

Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.

4. Upon acceptance of the money allocated pursuant to subsection 2, the Reno-Sparks Convention and Visitors Authority shall prepare and transmit [a] :

(a) A report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the Reno-Sparks Convention and Visitors Authority through December 1, 2006 [.] ; and

(b) A final report to the Interim Finance Committee on or before October 1, 2009, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the Reno-Sparks Convention and Visitors Authority through September 18, 2009.

5. The Reno-Sparks Convention and Visitors Authority shall not assess an administrative fee or fine upon any local governing bodies relating to compliance with the provisions of subsections 3 and 4.

6. A public review and approval process, as determined by the City of Reno, the City of Sparks and Washoe County, must be completed before the commencement of construction of any project that uses money allocated pursuant to this section. Project design, construction documents and funding processes related to any such project must be approved by each local governing body having jurisdiction over the project. Each such project must conform to the parameters of the Truckee River Flood Control Project and the Truckee River Operating Agreement.

7. Any remaining balance of the sums transferred pursuant to subsection 1 must not be committed for expenditure after June 30, [2007,] 2009, and must be reverted to the Fund for the Promotion of Tourism on or before September [21, 2007.] 18, 2009.

Sec. 2. Section 32 of chapter 7, Statutes of Nevada 2005, 22nd Special Session, at page 120, is hereby amended to read as follows:

Sec. 32. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $600,000 for allocation to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan as adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for, design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality of the Truckee River. The money must be expended on the following projects but is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.

2. The Interim Finance Committee shall allocate the money appropriated pursuant to subsection 1 upon notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects.

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

ê2007 Statutes of Nevada, Page 1763 (CHAPTER 395, SB 454)ê

improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.

3. Upon acceptance of the money allocated pursuant to subsection 2, the Reno-Sparks Convention and Visitors Authority shall prepare and transmit [a] :

4. The Reno-Sparks Convention and Visitors Authority shall not assess an administrative fee or fine upon any local governing bodies relating to compliance with the provisions of subsections 2 and 3.

5. A public review and approval process, as determined by the City of Reno, the City of Sparks and Washoe County, must be completed before the commencement of construction of any project that uses money allocated pursuant to this section. Project design, construction documents and funding processes related to any such project must be approved by each local governing body having jurisdiction over the project. Each such project must conform to the parameters of the Truckee River Flood Control Project and the Truckee River Operating Agreement.

6. Any remaining balance of the sums appropriated pursuant to subsection 1 must not be committed for expenditure after June 30, [2007,] 2009, and must be reverted to the State General Fund on or before September [21, 2007.] 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1764ê

CHAPTER 396, SB 462

Senate Bill No. 462–Committee on Finance

CHAPTER 396

AN ACT making an appropriation to the Office of Veterans’ Services for the Veterans’ Home Account; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Office of Veterans’ Services for the Veterans’ Home Account created pursuant to NRS 417.145 the sum of $708,736 for the repair of showers and replacement of carpeting, computers, a washer and dryer, resident tubs and other equipment and for the acquisition and installation of a commercial water softener.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 397, SB 463

Senate Bill No. 463–Committee on Finance

CHAPTER 397

AN ACT making an appropriation to the Department of Taxation for continued development and implementation of the Unified Tax System; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Department of Taxation the sum of $3,674,059 for continued development and implementation of the Unified Tax System, and for costs of replacement servers, computer hardware and software, and office equipment.

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

ê2007 Statutes of Nevada, Page 1765 (CHAPTER 397, SB 463)ê

portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 398, SB 464

Senate Bill No. 464–Committee on Finance

CHAPTER 398

AN ACT making an appropriation to the Disaster Relief Account; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 the sum of $1,427,042 to replenish the balance of the Account.

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 399, SB 466

Senate Bill No. 466–Committee on Finance

CHAPTER 399

AN ACT making appropriations to restore the balance in the Contingency Fund; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Contingency Fund created by NRS 353.266 the sum of $15,500,000 to restore the balance in the Contingency Fund attributable to the State General Fund.

2. There is hereby appropriated from the State Highway Fund to the Contingency Fund created by NRS 353.266 the sum of $698,496 to restore the balance in the Contingency Fund attributable to the State Highway Fund. The money appropriated in this subsection must be accounted for separately and may only be used for expenditures that may be properly made from the State Highway Fund.

Sec. 2. This act becomes effective upon passage and approval.

________

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ê2007 Statutes of Nevada, Page 1766ê

CHAPTER 400, SB 467

Senate Bill No. 467–Committee on Finance

CHAPTER 400

AN ACT making an appropriation to the Office of the Attorney General for data storage equipment; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Office of the Attorney General the sum of $202,602 to fund phase one and two of the Storage Area Network system.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 401, SB 468

Senate Bill No. 468–Committee on Finance

CHAPTER 401

AN ACT making a supplemental appropriation to the Office of Veterans’ Services for unanticipated shortfalls in Fiscal Year 2006-2007 for utility costs; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Office of Veterans’ Services the sum of $151,814 for the Veterans’ Home Account to cover unanticipated shortfalls in Fiscal Year 2006-2007 for utility costs. This appropriation is supplemental to that made by section 22 of chapter 434, Statutes of Nevada 2005, at page 1941.

Sec. 2. This act becomes effective upon passage and approval.

________

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ê2007 Statutes of Nevada, Page 1767ê

CHAPTER 402, SB 555

Senate Bill No. 555–Committee on Finance

CHAPTER 402

AN ACT making appropriations to the Department of Public Safety from both the State General Fund and the State Highway Fund; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Investigation Division of the Department of Public Safety the sum of $300,525 to partially fund replacement vehicles and associated equipment, and for personal computers, laptop computers, printers and related software.

2. There is hereby appropriated from the State General Fund to the Division of Emergency Management of the Department of Public Safety the sum of $66,740 for computer hardware and software and ID cards and door lock system.

3. There is hereby appropriated from the State General Fund to the State Fire Marshal Division of the Department of Public Safety the sum of $222,551 to replace seven older, unreliable agency-owned vehicles and to replace personal computers, laptop computers and printers.

4. There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety the sum of $381,672 to replace 114 computers in each year of the biennium.

5. There is hereby appropriated from the State General Fund to the Department of Public Safety for the State Board of Parole Commissioners the sum of $89,771 to incorporate the Board’s practices, decisions and analysis into the Nevada Offender Tracking and Information System and to replace computer hardware and software.

6. There is hereby appropriated from the State General Fund to the Training Division of the Department of Public Safety the sum of $24,921 to partially fund the replacement of computer hardware and software, classroom furniture and protective suits.

Sec. 2. 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $12,633,597 to fund over 300 new and replacement vehicles and related equipment, aircraft navigational and communications equipment, video cameras for patrol vehicles and seven motorcycles.

2. There is hereby appropriated from the State Highway Fund to the Training Division of the Department of Public Safety the sum of $37,381 to partially fund computer hardware and software, classroom furniture and protective suits.

3. There is hereby appropriated from the State Highway Fund to the Investigation Division of the Department of Public Safety the sum of $29,941 to partially fund the replacement of computer equipment and vehicles.

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

ê2007 Statutes of Nevada, Page 1768 (CHAPTER 402, SB 555)ê

Sec. 3. Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

Sec. 4. This act becomes effective upon passage and approval.

________

CHAPTER 403, SB 562

Senate Bill No. 562–Committee on Finance

CHAPTER 403

AN ACT relating to tourism; transferring money from the Fund for the Promotion of Tourism to the Western Folklife Center for the National Cowboy Poetry Gathering; transferring money from the Fund for the Promotion of Tourism to the Atomic Testing Museum; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The Commission on Tourism shall, as soon as practicable after July 1, 2007, and July 1, 2008, respectively, without depleting the funds necessary for day-to-day operations, transfer the following amounts from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Western Folklife Center for support of the National Cowboy Poetry Gathering in Elko, Nevada:

For the Fiscal Year 2007-2008.................................................... $100,000

For the Fiscal Year 2008-2009.................................................... $100,000

2. Upon acceptance of the money transferred pursuant to subsection 1, the Western Folklife Center shall:

(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money transferred pursuant to subsection 1 from the date on which the money was received by the Western Folklife Center through December 1, 2008;

(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money transferred pursuant to subsection 1 from the date on which the money was received by the Western Folklife Center through June 30, 2009; and

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Western Folklife Center, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to subsection 1.

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

ê2007 Statutes of Nevada, Page 1769 (CHAPTER 403, SB 562)ê

other records of information, confidential or otherwise, of the Western Folklife Center, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to subsection 1.

Sec. 2. Any remaining balance of the transfer made by section 1 of this act must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the money is transferred or any entity to which the money from the transfer is granted or otherwise transferred in any manner, and any portion of the transferred money remaining must not be spent for any purpose after September 19, 2008, and September 18, 2009, respectively, by either the entity to which the money was transferred or the entity to which the money was subsequently granted or transferred, and must be reverted to the Fund for the Promotion of Tourism on or before September 19, 2008, and September 18, 2009, respectively.

Sec. 3. 1. The Commission on Tourism shall, as soon as practicable after July 1, 2007, and July 1, 2008, respectively, without depleting the funds necessary for day-to-day operations, transfer the following amounts from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Atomic Testing Museum in Las Vegas for an educational program at the Museum:

For the Fiscal Year 2007-2008.................................................... $100,000

For the Fiscal Year 2008-2009.................................................... $100,000

2. The money transferred pursuant to subsection 1 must be used by the Museum to:

(a) Provide instructional materials in classrooms;

(b) Allow access to the Internet for teachers and pupils; and

(c) Subsidize admission and transportation costs for schools and waive entirely admission for pupils who attend designated at-risk schools.

3. Upon acceptance of the money transferred pursuant to subsection 1, the Museum shall:

(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Museum, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to subsection 1.

4. Any balance of the sums transferred pursuant to subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the transfer is made or any entity to which money from the transfer is granted or otherwise provided in any manner, and any portion of the money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was transferred or the entity to which the money was subsequently granted or provided, and must be reverted to the Fund for the Promotion of Tourism on or before September 19, 2008, and September 18, 2009, respectively.

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

ê2007 Statutes of Nevada, Page 1770 (CHAPTER 403, SB 562)ê

the money was subsequently granted or provided, and must be reverted to the Fund for the Promotion of Tourism on or before September 19, 2008, and September 18, 2009, respectively.

Sec. 4. This act becomes effective on July 1, 2007.

________

CHAPTER 404, SB 570

Senate Bill No. 570–Committee on Finance

CHAPTER 404

AN ACT making an appropriation to the Office of the Director of the Department of Health and Human Services to fund a working group to study the methamphetamine problem in Nevada; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Office of the Director of the Department of Health and Human Services the sum of $90,100 to fund a working group to study the methamphetamine problem in Nevada.

Sec. 3. This act becomes effective upon passage and approval.

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ê2007 Statutes of Nevada, Page 1771ê

CHAPTER 405, SB 95

Senate Bill No. 95–Committee on Commerce and Labor

CHAPTER 405

AN ACT relating to public utilities; removing certain entities from regulation as public utilities; eliminating the requirement that the Public Utilities Commission of Nevada conduct a hearing before ordering certain changes relating to railroad crossings; eliminating the requirement that the Commission convene a hearing not later than 60 days after a plan to increase the supply of electricity or decrease the demand for electricity is filed with the Commission; revising provisions governing the exemption of electric generating plants; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law authorizes the Public Utilities Commission of Nevada to regulate public utilities in this State. (NRS 704.001) Existing law defines the term “public utility.” (NRS 704.020) Section 1 of this bill removes radio and broadcasting companies, companies that own cars used as part of railroad trains and companies that operate a ditch, flume, tunnel or tunnel and drainage system from regulation as public utilities.

Existing law authorizes the Commission, after an investigation and hearing, to order certain changes relating to railroad crossings. (NRS 704.300) Section 2 of this bill removes the requirement that the Commission conduct a hearing before ordering such changes.

Existing law requires that an electric utility submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission every 3 years. (NRS 704.741) Existing law requires the Commission to convene a hearing on such a plan not later than 60 days after the plan is submitted to the Commission. (NRS 704.746) Section 5 of this bill removes the requirement that the hearing be convened within that 60-day period. Existing law also requires the Commission to accept the plan as filed or specify the portions of the plan it finds inadequate within 135 days after the plan is filed. (NRS 704.751) Section 5 extends that deadline to 180 days after the plan is filed for certain portions of the plan, but retains the 135-day deadline with respect to an amendment to an accepted plan.

Existing law sets forth a permitting process for the construction of a utility facility to minimize the environmental impact of the facility. (NRS 704.820-704.900) Existing law exempts from the permitting process certain electric generating plants which use renewable energy as their primary source of energy to generate electricity and which have a limited generating capacity. (NRS 704.860) Section 6 of this bill increases the maximum allowable generating capacity of such exempt electric generating plants.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 704.020 is hereby amended to read as follows:

704.020 1. “Public utility” or “utility” includes:

(a) Any person who owns, operates, manages or controls any railroad or part of a railroad as a common carrier in this State, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether or not they are owned by the railroad.

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

ê2007 Statutes of Nevada, Page 1772 (CHAPTER 405, SB 95)ê

(b) Any telephone company that provides a telecommunication service to the public, but only with regard to those operations of the telephone company which consist of providing a telecommunication service to the public.

[(c) Any radio or broadcasting company or instrumentality that provides a common or contract service.

(d) Any company that owns cars of any kind or character, used and operated as a part of railroad trains, in or through this State. All duties required of and penalties imposed upon any railroad or any officer or agent thereof are, insofar as applicable, required of and imposed upon the owner or operator of any telephone company that provides a telecommunication service to the public, any radio or broadcasting company or instrumentality that provides a common or contract service and any company that owns cars of any kind or character, used and operated as a part of railroad trains in or through this State, and their officers and agents, and the Commission may supervise and control all such companies, instrumentalities and persons to the same extent as railroads.]

2. “Public utility” or “utility” also includes:

(a) [Any person who owns, operates or controls any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.

(b)] Any plant or equipment, or any part of a plant or equipment, within this State for the production, delivery or furnishing for or to other persons, including private or municipal corporations, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether or not within the limits of municipalities.

[(c)] (b) Any system for the distribution of liquefied petroleum gas to 10 or more users.

Ê The Commission may supervise, regulate and control all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.

3. The provisions of this chapter and the term “public utility” apply to all railroads, express companies, car companies and all associations of persons, whether or not incorporated, that do any business as a common carrier upon or over any line of railroad within this State.

Sec. 2. NRS 704.300 is hereby amended to read as follows:

704.300 1. After an investigation [and hearing, which has been] initiated either upon the Commission’s own motion [,] or as the result of the filing of a formal application or complaint by the Department of Transportation, the board of county commissioners of any county, the town board or council of any town or municipality, or any railroad company, the Commission may [determine, and] order for the safety of the traveling public:

(a) The elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface.

(b) Changes in the method of crossing at grade, or above or below grade.

(d) The removal of obstructions to the public view in approaching any crossing.

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ê2007 Statutes of Nevada, Page 1773 (CHAPTER 405, SB 95)ê

(e) Such other details of use, construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents effective.

2. The Commission shall order that the cost of any elimination, removal, addition, change, alteration or betterment so ordered must be divided and paid in such proportion by the State, county, town or municipality and the railroad or railroads interested as is provided according to the circumstances occasioning the cost [,] in NRS 704.305.

3. [All] If the Commission chooses to conduct a hearing before issuing an order pursuant to subsection 1, all costs incurred by reason of [any hearing held under this section before the Commission,] the hearing, including , but not limited to , publication of notices, reporting, transcripts and rental of hearing room, must be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.

Sec. 3. NRS 704.673 is hereby amended to read as follows:

704.673 [Every]

1. Except as otherwise provided in subsection 2, every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying such services for the use of the public and for the use of its own members is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the Commission and to the provisions of this chapter . [; but in]

2. In the case of the acquisition of the certificate or all or any part of the territory of a public utility, as defined in paragraph [(b)] (a) of subsection 2 of NRS 704.020, by a cooperative association or nonprofit corporation or association which [prior to] before April 26, 1963, had supplied services for the use of its own members only, [this section shall not be] the provisions of subsection 1 are not applicable for a period of 6 months or the expiration of such reasonable extension or extensions of [such] that 6-month period as may be ordered by the Commission, during which period the cooperative association or nonprofit corporation or association may enroll as its members the customers of the public utility whose certificate or territory was acquired so as to make such acquiring cooperative association or nonprofit corporation or association subject only to the limited jurisdiction, control and regulation of the Commission, and only to the specific provisions of chapter 704 of NRS as provided by NRS 704.675.

Sec. 4. NRS 704.746 is hereby amended to read as follows:

704.746 1. [Not more than 60 days after] After a utility has filed its plan [,] pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.

2. At the hearing any interested person may make comments to the Commission regarding the contents and adequacy of the plan.

3. After the hearing , the Commission shall determine whether:

(a) The forecast requirements of the utility are based on substantially accurate data and an adequate method of forecasting.

(b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.

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ê2007 Statutes of Nevada, Page 1774 (CHAPTER 405, SB 95)ê

(c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility, associated with the following possible measures and sources of supply:

(1) Improvements in energy efficiency;

(2) Pooling of power;

(3) Purchases of power from neighboring states or countries;

(4) Facilities that operate on solar or geothermal energy or wind;

(5) Facilities that operate on the principle of cogeneration or hydrogeneration; and

(6) Other generation facilities.

4. The Commission may give preference to the measures and sources of supply set forth in paragraph (c) of subsection 3 that:

(a) Provide the greatest economic and environmental benefits to the State;

(b) Are consistent with the provisions of this section; and

5. The Commission shall:

(a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and

(b) Consider the value to the public of using water efficiently when it is determining those preferences.

Sec. 5. NRS 704.751 is hereby amended to read as follows:

704.751 1. [Within 135 days after] After a utility has filed [its plan,] the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting the plan as filed or specifying any portions of the plan it deems to be inadequate [.] :

(a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and

(b) Within 180 days for all portions of the plan not described in paragraph (a).

2. If a utility files an amendment to a plan, the Commission shall issue an order accepting the amendment as filed or specifying any portions of the amendment it deems to be inadequate within 135 days of the filing of the amendment.

3. All prudent and reasonable expenditures made to develop the utility’s plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s customers.

Sec. 6. NRS 704.860 is hereby amended to read as follows:

704.860 “Utility facility” means:

1. Electric generating plants and their associated facilities, except:

(a) Electric generating plants and their associated facilities that are or will be located entirely within the boundaries of a county whose population is 100,000 or more; or

(b) Electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7811, as their primary source of energy to generate electricity and which have or will have a generating capacity of not more than [150 kilowatts,] 35 megawatts, including, without limitation, a net metering system, as defined in NRS 704.771.

Ê As used in this subsection, “associated facilities” includes, without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.

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ê2007 Statutes of Nevada, Page 1775 (CHAPTER 405, SB 95)ê

including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.

2. Electric transmission lines and transmission substations that:

(a) Are designed to operate at 200 kilovolts or more;

(b) Are not required by local ordinance to be placed underground; and

3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside:

(a) Any incorporated city; and

(b) Any county whose population is 100,000 or more.

4. Water storage, transmission and treatment facilities, other than facilities for the storage, transmission or treatment of water from mining operations.

5. Sewer transmission and treatment facilities.

Sec. 7. Notwithstanding any other provision of law to the contrary:

1. Perfection or notice provided by a security instrument covering real or personal property located in this State which was filed with the Secretary of State or recorded in the office of a county recorder before July 1, 2007, in compliance with the provisions of chapter 105 of NRS, by a person who, on and after July 1, 2007, is not subject to regulation as a public utility pursuant to NRS 704.020, as amended by section 1 of this act, remains effective for the period provided by the law in effect at the time of its filing or recordation.

2. Such an instrument may be filed anew pursuant to NRS 104.9101 to 104.9709, inclusive, and if so filed has the effect given to security instruments originally filed pursuant to NRS 104.9101 to 104.9709, inclusive. The priority of such a filing dates from the time that the security interest was first filed with the Secretary of State or recorded in the office of a county recorder and not from the date the instrument is filed anew pursuant to NRS 104.9101 to 104.9709, inclusive.

Sec. 8. This act becomes effective on July 1, 2007.

________

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ê2007 Statutes of Nevada, Page 1776ê

CHAPTER 406, SB 380

Senate Bill No. 380–Committee on Judiciary

CHAPTER 406

AN ACT relating to criminal procedure; establishing procedures for the commitment to and conditional release from the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services of certain criminal defendants whom the court finds to be incompetent; making an appropriation; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law provides that if a court finds that a defendant is incompetent to stand trial or to receive punishment for a crime and that there is not a substantial probability the defendant will attain competency in the foreseeable future, the court must dismiss the proceedings against the defendant. (NRS 178.425) Moreover, if the court has dismissed the proceedings against the defendant, the court must release the defendant from custody if a petition to involuntarily commit the defendant is not filed within 10 days. (NRS 178.460)

This bill establishes procedures for the commitment to and conditional release from the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services of certain defendants. Under section 42 of this bill, if a court dismisses the proceedings against a defendant who is charged with a category A or category B felony because the court finds that the defendant is incompetent with no substantial probability of attaining competence in the foreseeable future, the prosecuting attorney may file a motion to determine whether the court should commit the person to the custody of the Administrator. If the court finds that the person has a mental disorder and is a danger to himself or others, the court must order that the person be committed to the custody of the Administrator until he is eligible for conditional release or 10 years has passed, whichever is shorter. At least once every 12 months, the court must review the person’s eligibility for conditional release.

Section 43 of this bill provides the manner for determining eligibility for conditional release of a person committed to the custody of the Administrator pursuant to section 42. Section 43 further provides that the court must review the person’s eligibility for discharge from conditional release at least once every 12 months. If, at the conclusion of this review, the court finds that the defendant no longer has a mental disorder and is not a danger to himself or others, the court is required to discharge the person from conditional release.

Section 44 of this bill requires the Division to notify the court if the defendant violates a condition of his release. After receiving such a notification, the court must consult with the defendant’s attorney, the prosecuting attorney and the Division concerning the risk the defendant poses to the community and the court may order the defendant to be taken into protective custody or to jail. Within 10 days after such an order, the court must hold a hearing to determine whether the court should continue, modify or terminate the conditional release of the defendant.

Section 129.5 of this bill makes an appropriation to the Division of Mental Health and Developmental Services of the Department of Health and Human Services for the costs associated with implementing the provisions of this bill.

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ê2007 Statutes of Nevada, Page 1777 (CHAPTER 406, SB 380)ê

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-29. (Deleted by amendment.)

Sec. 30. Chapter 178 of NRS is hereby amended by adding thereto the provisions set forth as sections 31 to 45, inclusive, of this act.

Secs. 31-37.5. (Deleted by amendment.)

Sec. 38. As used in NRS 178.399 to 178.460, inclusive, and sections 38 to 45, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 178.399 and sections 39, 40 and 41 of this act have the meanings ascribed to them in those sections.

Sec. 39. “Division” means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.

Sec. 40. (Deleted by amendment.)

Sec. 41. “Mental disorder” means a mental illness that results from a psychiatric or neurological disorder that so substantially impairs the mental or emotional functioning of a person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another and includes, without limitation, mental retardation and related conditions.

Sec. 42. 1. If the proceedings against a defendant who is charged with a category A or category B felony are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator of the Division pursuant to subsection 2. The court shall hold the hearing within 10 judicial days after the motion is filed with the court.

2. At a hearing held pursuant to subsection 1, if the court finds by clear and convincing evidence that the person has a mental disorder and that he is a danger to himself or others, the court must order:

(a) The sheriff to take the person into protective custody and transport him to a secure facility operated by the Division; and

(b) That the person be committed to the custody of the Administrator of the Division and kept under observation until the person is eligible for conditional release pursuant to section 43 of this act or until the maximum length of commitment described in subsection 3 has expired.

3. The length of commitment of a person pursuant to subsection 2 must not exceed 10 years, including any time that the person has been on conditional release pursuant to section 43 of this act.

4. At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.

Sec. 43. 1. A person who is committed to the custody of the Administrator of the Division pursuant to section 42 of this act is eligible for conditional release only after:

(a) The Division has completed a comprehensive risk assessment concerning the person;

(b) A decision to release the person from commitment with conditions imposed by the court in consultation with the Division has been made based on input from the person’s treatment team, the prosecuting attorney, the counsel for the person and the team that will supervise the person in the community; and

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ê2007 Statutes of Nevada, Page 1778 (CHAPTER 406, SB 380)ê

2. If a person is serving a period of conditional release pursuant to this section, the court must, at least once every 12 months, review the eligibility of the defendant for discharge from conditional release. If, at the conclusion of the review required by this subsection, the court finds by clear and convincing evidence that the person no longer has a mental disorder and that he is not a danger to himself or others, the court must discharge the person from conditional release.

3. The length of the period of conditional release must not exceed 10 years, including any time that the person has been committed to the custody of the Administrator of the Division pursuant to sections 42 and 44 of this act.

Sec. 44. 1. The Division shall notify the court which ordered the commitment of the person pursuant to section 42 of this act if the person violates a condition of his release from commitment.

2. If the court is notified pursuant to subsection 1 of a violation, the court shall consult with the Division, the counsel for the person and the prosecuting attorney concerning the potential risk to the community that is posed by the noncompliance of the person with the conditions of release from commitment.

3. After consulting with the persons required by subsection 2 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody, pending the hearing described in subsection 4. If the court issues such an order, the court must:

(a) Order the sheriff to take the person:

(1) Into protective custody and transport him to a forensic facility operated by the Division; or

(2) To a jail where the person must remain in protective custody; and

(b) Provide a copy of the order to the counsel for the person and the prosecuting attorney.

4. Within 10 days after a person has been committed to the custody of the Administrator for evaluation pursuant to subsection 3, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the defendant.

5. As used in this section, “forensic facility” has the meaning ascribed to it in NRS 175.539.

Secs. 45 and 46. (Deleted by amendment.)

Sec. 47. NRS 178.399 is hereby amended to read as follows:

178.399 [As used in NRS 178.400 to 178.460, inclusive, unless the context otherwise requires, “treatment] “Treatment to competency” means treatment provided to a defendant to attempt to cause him to attain competency to stand trial or receive pronouncement of judgment.

Secs. 48-52. (Deleted by amendment.)

Sec. 53. NRS 178.453 is hereby amended to read as follows:

178.453 1. The Administrator of the Division [of Mental Health and Developmental Services of the Department of Health and Human Services] or his designee may request from the Department of Corrections access to any records in its possession which contain information that may assist in evaluating and treating a defendant who previously has served a term of imprisonment under the supervision of the Department of Corrections and who is committed to the custody of or ordered to report to the Administrator or his designee pursuant to NRS 178.425 or 178.460 [.]

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ê2007 Statutes of Nevada, Page 1779 (CHAPTER 406, SB 380)ê

who is committed to the custody of or ordered to report to the Administrator or his designee pursuant to NRS 178.425 or 178.460 [.] or section 42 or 44 of this act.

2. Unless otherwise ordered by a court, upon request of the Administrator or his designee for access to records of a defendant pursuant to subsection 1, the Department of Corrections, through the designated medical director, shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or his designee to evaluate and treat the defendant.

3. No oral or written consent of the defendant is required for the Administrator or his designee to obtain access to records from the Department of Corrections pursuant to this section.

4. As used in this section, “designated medical director” means the designated administrative officer of the Department of Corrections who is responsible for the medical treatment of offenders.

Sec. 54. (Deleted by amendment.)

Sec. 55. NRS 178.460 is hereby amended to read as follows:

178.460 1. If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator of the Division [of Mental Health and Developmental Services of the Department of Health and Human Services] or his designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the treatment team on their report.

2. If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the Division [of Mental Health and Developmental Services of the Department of Health and Human Services] to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.

3. Within 10 days after the hearing or 20 days after the report is sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:

(a) Whether there is substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

(b) Whether the defendant is at that time a danger to himself or to society.

4. If the judge finds the defendant:

(a) Competent, the judge shall, within 10 days, forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be.

(b) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, the judge shall recommit the defendant and may order the involuntary administration of medication for the purpose of treatment to competency.

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ê2007 Statutes of Nevada, Page 1780 (CHAPTER 406, SB 380)ê

dangerous to himself or to society, the judge shall recommit the defendant and may order the involuntary administration of medication for the purpose of treatment to competency.

(c) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.

(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody , or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 judicial days, the prosecuting attorney has not filed a motion pursuant to section 42 of this act or if, within 10 judicial days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 judicial days, the [defendant] person may remain an outpatient or in custody under the provisions of this chapter only as long as the motion or petition is pending unless the [defendant] person is committed to the custody of the Administrator pursuant to section 42 of this act or involuntarily committed pursuant to chapter 433A of NRS.

5. [No] Except as otherwise provided in subsection 3 of section 42 of this act, no person who is committed under the provisions of this chapter may be held in the custody of the Administrator [of the Division of Mental Health and Developmental Services of the Department of Health and Human Services] or his designee longer than the longest period of incarceration provided for the crime or crimes with which he is charged or 10 years, whichever period is shorter. Upon expiration of the applicable period [,] provided in this section, subsection 3 of section 42 of this act or subsection 3 of section 43 of this act, the [defendant] person must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.

Secs. 56-129. (Deleted by amendment.)

Sec. 129.5. 1. There is hereby appropriated from the State General Fund to the Division of Mental Health and Developmental Services of the Department of Health and Human Services the sums of:

For the Fiscal Year 2007-2008.................................................... $138,607

For the Fiscal Year 2008-2009.................................................... $133,747

Sec. 130. 1. This section and section 129.5 of this act become effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 1781 (CHAPTER 406, SB 380)ê

2. The amendatory provisions of sections 30 to 55, inclusive, of this act become effective on October 1, 2007, and apply to a defendant who, on or after October 1, 2007, is found incompetent with no substantial probability of attaining competency in the foreseeable future pursuant to subsection 5 of NRS 178.425.

Sec. 131. (Deleted by amendment.)

________

CHAPTER 407, SB 352

Senate Bill No. 352–Senator Horsford

CHAPTER 407

AN ACT relating to economic development; requiring the Southern Nevada Enterprise Community Advisory Board to develop a project to make certain improvements to infrastructure in and near the Community; extending the temporary tax incentive for locating or expanding businesses that are or will become grocery stores within the Community; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

This bill enacts the Southern Nevada Enterprise Community Infrastructure Improvement Act and requires the Southern Nevada Enterprise Community Advisory Board to develop a project to make certain improvements to infrastructure in and near the Southern Nevada Enterprise Community. This bill also extends the temporary tax incentive for locating or expanding businesses that are or will become grocery stores within the Southern Nevada Enterprise Community. (Chapter 198, Statutes of Nevada 2005, p. 639)

Whereas, On December 21, 1994, President William Jefferson Clinton designated nine census tracts in the urban core of the Las Vegas Valley as an “enterprise community”; and

Whereas, The designation was accompanied by an award of $2,950,000 in Title XX funds to be used for projects in the enterprise community; and

Whereas, The Southern Nevada Enterprise Community so created includes the target areas of West Las Vegas, East Las Vegas, Meadows Village and North Las Vegas; and

Whereas, The Southern Nevada Enterprise Community involves a partnership among the cities of Las Vegas and North Las Vegas, and Clark County, working together to harness resources from the public, private and nonprofit sectors to provide programs, services and facilities to the target areas; and

Whereas, The empowerment of persons and neighborhoods within the Southern Nevada Enterprise Community includes “weed and seed” strategies to “weed” out violence, gangs, drug trafficking and drug-related crime, and to “seed” neighborhoods with social services and economic revitalization; and

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ê2007 Statutes of Nevada, Page 1782 (CHAPTER 407, SB 352)ê

Whereas, Efforts to revitalize neighborhoods economically, to be successful, require a certain minimum level of “infrastructure” in the form of the basic facilities, services and installations needed for the proper functioning of a community; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. This act may be cited as the Southern Nevada Enterprise Community Infrastructure Improvement Act.

Sec. 2. As used in sections 1 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Advisory Board” means the Southern Nevada Enterprise Community Advisory Board created pursuant to section 8 of this act.

Sec. 4. (Deleted by amendment.)

Sec. 5. “Community” means the Southern Nevada Enterprise Community, nine census tracts designated by President William Jefferson Clinton on December 21, 1994.

Sec. 6. “Infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.

Sec. 7. “Project” means the Southern Nevada Enterprise Community Improvement Project developed pursuant to section 11 of this act.

Sec. 8. 1. The Southern Nevada Enterprise Community Advisory Board is hereby created.

2. The Advisory Board consists of nine members, appointed in consultation with residents of the Community, as follows:

(a) One member of the Nevada Congressional Delegation selected from among its membership or his designee;

(b) One member of the Nevada Legislature who represents the Community;

(d) One member of the Las Vegas City Council from among its membership or his designee;

(e) One member of the North Las Vegas City Council from among its membership or his designee;

(f) Two residents of the Community, recommended and selected jointly by the Clark County Board of County Commissioners, the Las Vegas City Council and the North Las Vegas City Council;

(g) A representative of the private sector appointed by the Chamber of Commerce established in the Community; and

(h) A representative of the nonprofit charitable, educational and religious organizations in the Community, recommended and selected jointly by the Clark County Board of County Commissioners, the Las Vegas City Council and the North Las Vegas City Council.

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ê2007 Statutes of Nevada, Page 1783 (CHAPTER 407, SB 352)ê

3. Each member of the Advisory Board serves for a term of 3 years. A vacancy on the Advisory Board must be filled in the same manner as the original appointment. A member may be reappointed to the Advisory Board.

4. The members of the Advisory Board shall elect a Chairman and Vice Chairman by majority vote. After the initial election, the Chairman and Vice Chairman shall hold office for a term of 1 year beginning on August 1 of each year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Advisory Board shall elect a Chairman or Vice Chairman, as appropriate, from among its members for the remainder of the unexpired term.

5. The City of North Las Vegas shall provide administrative support for the Advisory Board.

Sec. 9. The primary purposes of the Advisory Board are to:

1. Advise the governmental entities that have members on the Advisory Board with respect to the Project; and

2. Ensure that the needs and opinions of the residents of the Community are reflected adequately by the Project.

Sec. 10. (Deleted by amendment.)

Sec. 11. 1. On or before January 31, 2008, the Advisory Board shall prepare a written plan to carry out the Project to address the needs and issues of the Community.

2. The Advisory Board shall, within 120 days after preparing the written plan:

(a) Hold at least two public hearings on the written plan, each of which must be preceded by at least 30 days’ notice within the Community; and

(b) Approve or reject the written plan based on input from the Community received at the public hearings.

3. A written plan adopted by the Advisory Board must:

(a) Set forth an adequate framework for carrying out the Project;

(b) Set forth a reasonable period in which to accomplish the goals of the Project; and

4. If the Advisory Board rejects the written plan, the Advisory Board shall:

(a) Provide to the appropriate officers of the governmental entities that have members on the Advisory Board a written explanation of its reasons for the rejection; and

(b) Prepare a revised written plan and repeat the notice and hearings required by subsection 2 before approving or rejecting the revised written plan.

Sec. 12. The Project must include, without limitation, goals, objectives and policies relating to, and feasible timeframes for achieving:

1. The construction, repair and refurbishment of streets, buildings and other facilities as necessary to attract and maintain the viability of successful businesses within the Community;

2. The incorporation within the Community of open space, facilities for recreation, facilities for medical care and other measures as necessary to ensure that the Community develops with mixed uses;

3. The eradication of brownfields, the rehabilitation of condemned properties and the removal of structures and facilities that create a disincentive for development; and

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ê2007 Statutes of Nevada, Page 1784 (CHAPTER 407, SB 352)ê

4. The identification of sources of money to carry out the Project.

Sec. 13. The Advisory Board may accept any gifts, grants or donations for the purpose of preparing, developing and carrying out the Project.

Sec. 14. On or before February 1, 2009, the Advisory Board shall submit to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature a report that summarizes the activities of the Advisory Board during the period between the effective date of this act and December 31, 2008.

Sec. 15. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

Sec. 16. Section 6 of chapter 198, Statutes of Nevada 2005, at page 643, is hereby amended to read as follows:

Sec. 6. 1. A person who intends to locate a grocery store within the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 during Fiscal Year 2004-2005 , [or] 2005-2006 , 2006-2007, 2007-2008 or 2008-2009 may submit a request to the governing body of the county, city or town in which the grocery store would operate for endorsement of an application by the person to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

2. The governing body of a county, city or town shall develop procedures for:

(a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

(b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

3. A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Commission. The Commission shall approve the application if the Commission makes the following determinations:

(a) The applicant has executed an agreement with the Commission which states that the grocery store will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

(1) Commence operation and continue in operation in the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 for a period specified by the Commission, which must be at least 5 years; and

(2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the grocery store for the specified period.

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

ê2007 Statutes of Nevada, Page 1785 (CHAPTER 407, SB 352)ê

(b) The grocery store is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the grocery store will operate.

4. If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:

(a) The Department of Taxation;

(b) The Nevada Tax Commission; and

(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the grocery store will be located.

5. The Commission on Economic Development may adopt such regulations as the Commission determines to be necessary or advisable to carry out the provisions of this section.

6. An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

7. As used in this section:

(a) “Grocery store” means a business selling at retail groceries, including, without limitation, food for human consumption, articles used in the preparation of food, household supplies, dairy products, meat and produce, and having more than 10,000 square feet of floor space available to the public.

(b) “Selling at retail” has the meaning ascribed to it in NRS 372.050.

Sec. 17. Section 7 of chapter 198, Statutes of Nevada 2005, at page 644, is hereby amended to read as follows:

Sec. 7. 1. A person who intends to expand a grocery store or expand a business to become a grocery store within the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 during Fiscal Year 2004-2005 , [or] 2005-2006 , 2006-2007, 2007-2008 or 2008-2009 may submit a request to the governing body of the county, city or town in which the business operates for endorsement of an application by the person to the Commission on Economic Development for a partial abatement of the taxes imposed on capital equipment pursuant to chapter 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

2. The governing body of a county, city or town shall develop procedures for:

(a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

(b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

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

ê2007 Statutes of Nevada, Page 1786 (CHAPTER 407, SB 352)ê

(1) Continue in operation in the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 for a period specified by the Commission, which must be at least 5 years; and

(2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the grocery store for the specified period.

4. If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:

(a) The Department of Taxation; and

(b) The Nevada Tax Commission.

5. The Commission on Economic Development may adopt such regulations as the Commission determines to be necessary or advisable to carry out the provisions of this section.

6. An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

7. As used in this section:

(b) “Selling at retail” has the meaning ascribed to it in NRS 372.050.

Sec. 18. Section 8 of chapter 198, Statutes of Nevada 2005, at page 646, is hereby amended to read as follows:

Sec. 8. During the Fiscal Years [2005-2006 and] 2006-2007, 2007-2008 and 2008-2009, the Commission on Economic Development shall, until the Commission has granted $1,000,000 in partial abatements pursuant to sections 2, 3, 6 and 7 of this act, give priority to and expedite the processing of applications received by the Commission pursuant to section 6 or 7 of this act.

Sec. 19. This act becomes effective upon passage and approval.

________

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

ê2007 Statutes of Nevada, Page 1787ê

CHAPTER 408, SB 69

Senate Bill No. 69–Senator Schneider

CHAPTER 408

AN ACT relating to real estate; defining the term “agency” in the context of real estate brokers, salesmen and qualified intermediaries; revising the duties of a real estate licensee; allowing a client to waive certain required duties of a real estate licensee which relate to offers made to or by the client; prohibiting the waiver of other duties of a licensee; allowing for communications with the client of another broker under certain permissible circumstances; clarifying that such communication does not create an agency relationship with the client of the other broker; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law defines certain terms used in chapter 645 of NRS which relate to real estate brokers, salesmen and qualified intermediaries. (NRS 645.0005-645.044) Section 1.3 of this bill defines the term “agency” for that chapter.

Existing law imposes certain duties on a licensee who acts as an agent in a real estate transaction. (NRS 645.252) Section 2.5 of this bill provides that such a licensee owes no duty to conduct an investigation of the condition of the property which is the subject of the real estate transaction.

Existing law imposes certain duties on a licensee who has entered into a brokerage agreement to provide representation in a real estate transaction. (NRS 645.254) One of those duties is to present all offers made to and by the client as soon as is practicable. (NRS 645.254) Section 3 of this bill allows a client to waive that duty by signing a waiver on a form provided by the Real Estate Division of the Department of Business and Industry. Section 1.7 of this bill provides that no other duty of a licensee set forth in section 2.5 or 3 may be waived.

Existing law allows a person to negotiate a sale, exchange or lease of real estate with the exclusive client of another broker only if permission has been obtained from that other broker. (NRS 645.635) Section 4 of this bill allows for further communications after such negotiations but before closing.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

Sec. 1.3. 1. “Agency” means a relationship between a principal and an agent arising out of a brokerage agreement whereby the agent is engaged to do certain acts on behalf of the principal in dealings with a third party.

2. The term does not include a relationship arising solely from negotiations or communications with a client of another broker with the written permission of the broker in accordance with the provisions of subsection 2 of NRS 645.635.

Sec. 1.7. Except as otherwise provided in subsection 4 of NRS 645.254, no duty of a licensee set forth in NRS 645.252 or 645.254 may be waived.

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

ê2007 Statutes of Nevada, Page 1788 (CHAPTER 408, SB 69)ê

Sec. 2. NRS 645.0005 is hereby amended to read as follows:

645.0005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.042, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.

Sec. 2.5. NRS 645.252 is hereby amended to read as follows:

645.252 A licensee who acts as an agent in a real estate transaction:

1. Shall disclose to each party to the real estate transaction as soon as is practicable:

(a) Any material and relevant facts, data or information which he knows, or which by the exercise of reasonable care and diligence he should have known, relating to the property which is the subject of the transaction.

(b) Each source from which he will receive compensation as a result of the transaction.

(d) Except as otherwise provided in NRS 645.253, that he is acting for more than one party to the transaction. If a licensee makes such a disclosure, he must obtain the written consent of each party to the transaction for whom he is acting before he may continue to act in his capacity as an agent. The written consent must include:

(1) A description of the real estate transaction.

(2) A statement that the licensee is acting for two or more parties to the transaction who have adverse interests and that in acting for these parties, the licensee has a conflict of interest.

(3) A statement that the licensee will not disclose any confidential information for 1 year after the revocation or termination of any brokerage agreement entered into with a party to the transaction, unless he is required to do so by a court of competent jurisdiction or he is given written permission to do so by that party.

(4) A statement that a party is not required to consent to the licensee acting on his behalf.

(5) A statement that the party is giving his consent without coercion and understands the terms of the consent given.

(e) Any changes in his relationship to a party to the transaction.

2. Shall exercise reasonable skill and care with respect to all parties to the real estate transaction.

3. Shall provide the appropriate form prepared by the Division pursuant to NRS 645.193 to:

(a) Each party for whom the licensee is acting as an agent in the real estate transaction; and

(b) Each unrepresented party to the real estate transaction, if any.

4. Unless otherwise agreed upon in writing, owes no duty to:

(a) Independently verify the accuracy of a statement made by an inspector certified pursuant to chapter 645D of NRS or another appropriate licensed or certified expert.

(b) Conduct an independent inspection of the financial condition of a party to [a] the real estate transaction.

Sec. 3. NRS 645.254 is hereby amended to read as follows:

645.254 A licensee who has entered into a brokerage agreement to represent a client in a real estate transaction:

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

ê2007 Statutes of Nevada, Page 1789 (CHAPTER 408, SB 69)ê

1. Shall exercise reasonable skill and care to carry out the terms of the brokerage agreement and to carry out his duties pursuant to the terms of the brokerage agreement;

2. Shall not disclose confidential information relating to a client for 1 year after the revocation or termination of the brokerage agreement, unless he is required to do so pursuant to an order of a court of competent jurisdiction or he is given written permission to do so by the client; [and]

3. Shall [promote the interests of his client by:

(a) Seeking] seek a sale, purchase, option, rental or lease [or] of real property at the price and terms stated in the brokerage agreement or at a price acceptable to the client [.

(b) Presenting] ;

4. Shall present all offers made to or by the client as soon as is practicable [.

(c) Disclosing] , unless the client chooses to waive the duty of the licensee to present all offers and signs a waiver of the duty on a form prescribed by the Division;

5. Shall disclose to the client material facts of which the licensee has knowledge concerning the transaction [.

(d) Advising] ;

6. Shall advise the client to obtain advice from an expert relating to matters which are beyond the expertise of the licensee [.

(e) Accounting] ; and

7. Shall account for all money and property he receives in which the client may have an interest as soon as is practicable.

Sec. 4. NRS 645.635 is hereby amended to read as follows:

645.635 The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

1. Offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent.

2. Negotiating a sale, exchange or lease of real estate , or communicating after such negotiations but before closing, directly with a client if he knows that the client has a brokerage agreement in force in connection with the property granting an exclusive agency [or] , including, without limitation, an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker.

3. Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser or to the seller [.] , except as otherwise provided in subsection 4 of NRS 645.254.

4. Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his files. The furnishing of those statements by an escrow holder relieves the broker’s, broker-salesman’s or salesman’s responsibility and must be deemed to be in compliance with this provision.

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

ê2007 Statutes of Nevada, Page 1790 (CHAPTER 408, SB 69)ê

5. Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon.

6. Failure to produce any document, book or record in his possession or under his control, concerning any real estate transaction under investigation by the Division.

7. Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing [.] , except as otherwise provided in subsection 4 of NRS 645.254.

8. Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance [.] , except as otherwise provided in subsection 4 of NRS 645.254.

9. Refusing because of race, color, national origin, sex or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters.

10. Knowingly submitting any false or fraudulent appraisal to any financial institution or other interested person.

Sec. 5. This act becomes effective on July 1, 2007.

________

CHAPTER 409, AB 128

Assembly Bill No. 128–Assemblymen Conklin, Buckley, Anderson, Horne, Parks, Bobzien, Claborn, Denis, Gerhardt, Hogan, Kirkpatrick, Koivisto, Leslie, Manendo, Mortenson, Munford, Pierce, Segerblom and Smith

Joint Sponsors: Senators Titus and Carlton

CHAPTER 409

AN ACT relating to prescription drugs; requiring certain wholesalers and manufacturers of prescription drugs to file annually with the State Board of Pharmacy a report disclosing the wholesalers’ and manufacturers’ compliance with a written marketing code of conduct; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law prohibits a person from manufacturing or engaging in the wholesale distribution of certain drugs unless the person is licensed to do so by the State Board of Pharmacy. (NRS 639.100, 639.233) This bill requires wholesalers and manufacturers who employ a person to sell or market a drug, medicine, chemical, device or appliance in this State to adopt a written marketing code of conduct. This bill also requires a wholesaler or manufacturer to adopt a training program and policies and procedures, identify a compliance officer, conduct an annual audit and submit an annual report certifying the wholesaler’s or manufacturer’s compliance with the marketing code of conduct.

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

ê2007 Statutes of Nevada, Page 1791 (CHAPTER 409, AB 128)ê

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A wholesaler or manufacturer who employs a person to sell or market a drug, medicine, chemical, device or appliance in this State shall:

(a) Adopt a written marketing code of conduct which establishes the practices and standards that govern the marketing and sale of its products. The marketing code of conduct must be based on applicable legal standards and incorporate principles of health care, including, without limitation, requirements that the activities of the wholesaler or manufacturer be intended to benefit patients, enhance the practice of medicine and not interfere with the independent judgment of health care professionals. Adoption of the most recent version of the Code on Interactions with Healthcare Professionals developed by the Pharmaceutical Research and Manufacturers of America satisfies the requirements of this paragraph.

(b) Adopt a training program to provide regular training to appropriate employees, including, without limitation, all sales and marketing staff, on the marketing code of conduct.

(d) Adopt policies and procedures for investigating instances of noncompliance with the marketing code of conduct, including, without limitation, the maintenance of effective lines of communication for employees to report noncompliance, the investigation of reports of noncompliance, the taking of corrective action in response to noncompliance and the reporting of instances of noncompliance to law enforcement authorities in appropriate circumstances.

(e) Identify a compliance officer responsible for developing, operating and monitoring the marketing code of conduct.

2. A wholesaler or manufacturer who employs a person to sell or market a drug, medicine, chemical, device or appliance in this State shall submit to the Board annually:

(a) A copy of its marketing code of conduct;

(b) A description of its training program;

(d) The name, title, address, telephone number and electronic mail address of its compliance officer; and

(e) Certification that it has conducted its annual audit and is in compliance with its marketing code of conduct.

3. On or before January 15 of each odd-numbered year, the Board shall prepare and submit to the Governor, and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, a compilation of the information submitted to the Board pursuant to this section, other than any information identified as a trade secret in the information submitted to the Board.

4. The Board:

(a) Shall adopt regulations providing for the time of the submission and the form of the information required pursuant to this section and defining “compliance” for the purposes of this section.

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

ê2007 Statutes of Nevada, Page 1792 (CHAPTER 409, AB 128)ê

(b) May not require the disclosure of the results of an audit conducted pursuant to this section.

(c) Shall post on its Internet website information concerning the compliance of all wholesalers and manufacturers with the requirements of this section.

(d) Shall not disclose any proprietary or confidential business information that it receives pursuant to this section.

________

CHAPTER 410, SB 432

Senate Bill No. 432–Senator Schneider

CHAPTER 410

AN ACT relating to health; eliminating the Nevada Institutional Review Board; directing the Legislative Commission to provide for a study concerning alternative and complementary integrative medicine, homeopathic medicine and the use of nonembryonic stem cells in bioregenerative medical technology; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law governs the practice of homeopathic medicine and the operation of the Nevada Institutional Review Board. (Chapter 630A of NRS) Sections 1-4 and 6 of this bill eliminate the Nevada Institutional Review Board as of July 1, 2009, and restrict the activities of the Nevada Institutional Review Board until that date.

Section 5 of this bill requires the Legislative Commission to provide for a study conducted by the staff of the Legislative Counsel Bureau concerning alternative and complementary integrative medicine, homeopathic medicine and the use of nonembryonic stem cells in bioregenerative medical technology.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 630A.090 is hereby amended to read as follows:

630A.090 1. [Except as otherwise provided in NRS 630A.800 to 630A.910, inclusive, this] This chapter does not apply to:

(a) The practice of dentistry, chiropractic, Oriental medicine, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

(b) A medical officer of the Armed Services or a medical officer of any division or department of the United States in the discharge of his official duties.

(d) Homeopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to any physician licensed in this State, and who are legally qualified to practice in the state or country where they reside.

2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.

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

ê2007 Statutes of Nevada, Page 1793 (CHAPTER 410, SB 432)ê

3. This chapter does not prohibit:

(a) Gratuitous services of a person in case of emergency.

(b) The domestic administration of family remedies.

4. This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.

Sec. 2. NRS 630A.155 is hereby amended to read as follows:

630A.155 The Board shall:

1. Regulate the practice of homeopathic medicine in this State and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this State.

2. Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by regulation the methods to be used to check the background of such applicants.

3. License or certify those applicants it finds to be qualified.

4. Investigate and, if required, hear and decide in a manner consistent with the provisions of chapter 622A of NRS all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine. If a complaint concerns a practice which is within the jurisdiction of another licensing board or any other possible violation of state law, the Board shall refer the complaint to the other licensing board.

5. [Supervise the Nevada Institutional Review Board created by NRS 630A.865, including, without limitation, approving or denying the regulations adopted by the Nevada Institutional Review Board.

6.] Submit an annual report to the Legislature and make recommendations to the Legislature concerning the enactment of legislation relating to alternative and complementary integrative medicine, including, without limitation, homeopathic medicine.

Sec. 3. NRS 630A.800, 630A.815, 630A.825, 630A.835, 630A.855, 630A.865, 630A.870, 630A.875, 630A.880, 630A.900, 630A.905 and 630A.910 are hereby repealed.

Sec. 4. 1. The Nevada Institutional Review Board shall not, during the period beginning upon passage and approval of this act and ending on July 1, 2009, meet or otherwise exercise any of the powers or duties authorized pursuant to chapter 630A of NRS, except:

(a) As otherwise provided in subsection 2; or

(b) As necessary to carry out the provisions of subsections 3 to 8, inclusive.

2. If the Legislative Commission determines that it is in the best interests of this State, the Legislative Commission may, during the period described in subsection 1, authorize the Nevada Institutional Review Board to contract with a private company to conduct studies or other work related to nonembryonic stem cells in bioregenerative medical technology.

3. The Nevada Institutional Review Board shall, not later than July 1, 2009:

(a) Return the unexpended portion of any grant, gift, appropriation or donation that was received by the Board subject to a condition that requires its return if it cannot be used to carry out the duties of the Board;

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

ê2007 Statutes of Nevada, Page 1794 (CHAPTER 410, SB 432)ê

(b) Transfer any money that remains in any account maintained by the Nevada Institutional Review Board after complying with paragraph (a) to the Board of Homeopathic Medical Examiners; and

(c) Transfer all books, records, minutes, documents and other property of the Nevada Institutional Review Board to the Board of Homeopathic Medical Examiners.

4. Any regulations adopted by the Nevada Institutional Review Board, or by the Board of Homeopathic Medical Examiners concerning the Nevada Institutional Review Board, are void on July 1, 2009. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after July 1, 2009.

5. Any contract entered into by the Nevada Institutional Review Board, or by the Board of Homeopathic Medical Examiners concerning the Nevada Institutional Review Board, including, without limitation, a contract for employment and a contract for the services of a person pursuant to NRS 284.013, that is not fully performed on July 1, 2009, is void.

6. If the Board of Homeopathic Medical Examiners has created a nonprofit organization pursuant to NRS 630A.875, including, without limitation, the NIRB Medical Foundation, the Board of Homeopathic Medical Examiners shall, not later than July 1, 2009, dissolve the nonprofit organization.

7. The Nevada Institutional Review Board shall cooperate with the Board of Homeopathic Medical Examiners to ensure that the provisions of this act are carried out in an orderly manner.

8. The terms of the members of the Nevada Institutional Review Board expire on July 1, 2009.

Sec. 5. 1. The Legislative Commission shall provide for a study conducted by the staff of the Legislative Counsel Bureau concerning alternative and complementary integrative medicine, homeopathic medicine and the use of nonembryonic stem cells in bioregenerative medical technology.

2. The study must include, without limitation:

(a) A review of the status and operation of the Board of Homeopathic Medical Examiners;

(b) An examination of the practice of alternative and complementary integrative medicine, including:

(1) The scope of the practice;

(2) Any laws governing the practice; and

(3) The importance, benefits and value of the practice to this State and the residents of and visitors to this State;

(c) An examination of the potential for and advisability of an independent board and statutory structure to govern the practice of alternative and complementary integrative medicine; and

(d) An examination of the use of nonembryonic stem cells in bioregenerative medical technology, including, without limitation, methods to encourage the performance in this State of research and development concerning the use of nonembryonic stem cells.

3. Not later than June 30, 2008, the staff of the Legislative Counsel Bureau shall submit a report of the results of its study and any recommendations for legislation to the Legislative Commission. The Legislative Commission shall submit the report of the results of the study and any recommendations for legislation to the 75th Session of the Nevada Legislature.

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

ê2007 Statutes of Nevada, Page 1795 (CHAPTER 410, SB 432)ê

and any recommendations for legislation to the 75th Session of the Nevada Legislature.

Sec. 6. 1. This section and section 4 of this act become effective upon passage and approval.

2. Section 5 of this act becomes effective on July 1, 2007.

3. Sections 1, 2 and 3 of this act become effective on July 1, 2009.

________

CHAPTER 411, AB 573

Assembly Bill No. 573–Committee on Natural Resources, Agriculture, and Mining

CHAPTER 411

AN ACT relating to wildlife; revising the circumstances under which the killing of certain animals is prohibited; requiring the Department of Wildlife to issue a 1-day group fishing permit under certain circumstances; requiring the Board of Wildlife Commissioners to adopt certain regulations; prohibiting a person from hunting or fishing any wildlife without a license or permit to do so; revising the information that the Department must include in certain permits; revising the fees for certain tags and permits; providing a penalty; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law establishes the Department of Wildlife and requires the Department to administer the wildlife laws of this State. (NRS 501.331)

Section 24.5 of this bill revises the circumstances under which the intentional killing of certain animals is prohibited. (NRS 501.376)

Section 25 of this bill requires the Department to issue a 1-day group fishing permit to a group upon payment of the fee for the permit. A “group” means a group of persons that consists of at least one adult who is at least 16 years of age and at least one child who is at least 12 years of age but less than 16 years of age. Section 30 of this bill authorizes a person to fish for trout without obtaining a state trout stamp if the person is fishing under the authority of a 1-day group fishing permit.

Existing law states that a person who hunts or traps any wild bird or mammal or who fishes without first obtaining a license or permit to do so is guilty of a misdemeanor. (NRS 502.010) Existing law further states that a person who traps fur-bearing mammals must obtain a trapping license. (NRS 503.454) Section 26 of this bill states that a person who hunts or fishes any wildlife without a license or permit is guilty of a misdemeanor. “Wildlife” means any wild mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state. (NRS 501.097)

Existing law requires a license that grants the privilege to hunt, fish or trap to include certain information, including, without limitation, the name, address and description of the holder of the license and the date the license is issued. (NRS 502.030) Section 27 of this bill expands that requirement to include any permit to hunt, fish or trap.

Existing law sets forth the fees that must be paid for licenses, permits and tags to hunt, fish and trap in Nevada. (NRS 502.240, 502.250) Section 28 of this bill imposes a fee of $20 for the issuance of a 1-day permit to hunt migratory game birds and a fee of $8 for each consecutive day added to that permit. Section 29 of this bill imposes a fee of $1,200 for the issuance of a nonresident antlered elk tag and a fee of $500 for the issuance of a nonresident antlerless elk tag.

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

ê2007 Statutes of Nevada, Page 1796 (CHAPTER 411, AB 573)ê

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:

As used in this title, unless the context otherwise requires, the words and terms defined in NRS 501.003 to 501.097, inclusive, have the meanings ascribed to them in those sections.

Sec. 2. NRS 501.003 is hereby amended to read as follows:

501.003 [As used in this title, “alternative] “Alternative livestock” means the following species, including subspecies, of the family Cervidae, if they are born and reared in captivity and raised on private property to produce meat or other by-products of animals or as breeding stock to produce alternative livestock:

1. Fallow deer (Dama dama).

2. Reindeer (Rangifer tarandus).

Sec. 3. NRS 501.005 is hereby amended to read as follows:

501.005 [As used in this title, “big] “Big game mammal” means any game mammal so classified by Commission regulation.

Sec. 4. NRS 501.010 is hereby amended to read as follows:

501.010 [As used in this title, “board”] “Board” means the county advisory board to manage wildlife.

Sec. 5. NRS 501.013 is hereby amended to read as follows:

501.013 [As used in this title, “chumming”] “Chumming” means the placing in the water of fish, parts of fish or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.

Sec. 6. NRS 501.015 is hereby amended to read as follows:

501.015 [As used in this title, “closed] “Closed season” means all periods except those designated as “open season.” During any such season it is unlawful to fish, to hunt game mammals or game birds or to hunt or trap fur-bearing mammals. There is no closed season on those species of wild mammals or wild birds classified as unprotected.

Sec. 7. NRS 501.020 is hereby amended to read as follows:

501.020 Except as otherwise provided in NRS 504.430 to 504.490, inclusive, [as used in this title, unless the context otherwise requires,] “Commission” means the Board of Wildlife Commissioners.

Sec. 8. NRS 501.023 is hereby amended to read as follows:

501.023 [As used in this title, “county,”] “County,” when appearing alone or in the reference framework of county advisory board to manage wildlife, board of county commissioners or any county officer, includes and applies to Carson City.

Sec. 9. NRS 501.024 is hereby amended to read as follows:

501.024 [As used in this title,] “Department” means the Department of Wildlife.

Sec. 10. NRS 501.026 is hereby amended to read as follows:

501.026 [As used in this title,] “Director” means the Director of the Department.

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ê2007 Statutes of Nevada, Page 1797 (CHAPTER 411, AB 573)ê

Sec. 11. NRS 501.030 is hereby amended to read as follows:

501.030 [As used in this title, the] The words “to fish” and their derivatives, “fishes,” “fishing” and “fished,” mean catching, taking, capturing, killing, injuring or crippling of a fish or game amphibian, and every attempt to do so.

Sec. 12. NRS 501.035 is hereby amended to read as follows:

501.035 [As used in this title, “fur-bearing] “Fur-bearing mammal” means any mammal so classified by Commission regulation.

Sec. 13. NRS 501.037 is hereby amended to read as follows:

501.037 [As used in this title, “game] “Game amphibian” means any amphibian so classified by Commission regulation.

Sec. 14. NRS 501.045 is hereby amended to read as follows:

501.045 [As used in this title, “game] “Game fish” means any fish so classified by Commission regulation.

Sec. 15. NRS 501.046 is hereby amended to read as follows:

501.046 [As used in this title, “game] “Game mammal” means any mammal so classified by Commission regulation.

Sec. 16. NRS 501.047 is hereby amended to read as follows:

501.047 [As used in this title, “game] “Game warden” means any person authorized by the Director to enforce the provisions of this title and of chapter 488 of NRS.

Sec. 17. NRS 501.050 is hereby amended to read as follows:

501.050 [As used in this title, the] The words “to hunt” and their derivatives, “hunting” and “hunted,” mean to search for, pursue or attract [wild mammals or birds] any wildlife for the purpose and with the means of capturing, injuring or killing [them,] that wildlife, every attempt to capture, injure or kill [wild mammals or birds,] wildlife, and every act of assistance to any other person in capturing, injuring or killing [such mammals or birds.] that wildlife.

Sec. 18. NRS 501.055 is hereby amended to read as follows:

501.055 [As used in this title, “migratory] “Migratory game birds” means any birds so classified by Commission regulation.

Sec. 19. NRS 501.065 is hereby amended to read as follows:

501.065 [As used in this title, “open] “Open season” means that period designated pursuant to the provisions of this title during which it is legal to fish or to hunt game mammals or game birds or to hunt or to trap fur-bearing mammals. [Such] The period includes the first day and last day designated. There is no open season on those species of wildlife classified as protected.

Sec. 20. NRS 501.088 is hereby amended to read as follows:

501.088 [As used in this title, unless the context otherwise requires, the] The words “to take” and their derivatives, “took,” “taken” and “taking,” when used in reference to wildlife, mean to kill, capture, shoot, trap, catch, wound, possess, collect, seine, snare or net, and every attempt to do so.

Sec. 21. NRS 501.090 is hereby amended to read as follows:

501.090 [As used in this title, the] The words “to trap” and their derivatives, “trapping” and “trapped,” mean to set or operate any device, mechanism or contraption that is designed, built or made to close upon or hold fast any [wild mammal or wild bird] wildlife and every act of assistance to any person in so doing.

Sec. 22. NRS 501.095 is hereby amended to read as follows:

501.095 [As used in this title, “upland] “Upland game birds” means any birds so classified by Commission regulation.

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ê2007 Statutes of Nevada, Page 1798 (CHAPTER 411, AB 573)ê

Sec. 23. NRS 501.096 is hereby amended to read as follows:

501.096 [As used in this title, “vessel”] “Vessel” means every kind of watercraft, other than a seaplane on the water, which is used or capable of being used as a means of transportation on water.

Sec. 24. NRS 501.097 is hereby amended to read as follows:

501.097 [As used in this title, “wildlife”] “Wildlife” means any wild mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state, whether indigenous to Nevada or not and whether raised in captivity or not.

Sec. 24.5. NRS 501.376 is hereby amended to read as follows:

501.376 1. Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear:

(a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;

(b) Through the use of an aircraft [,] or helicopter [or motor-driven vehicle] in violation of NRS 503.010;

(d) [In a manner,] Knowingly during a time [or in a place otherwise prohibited by a specific statute or a regulation adopted] other than:

(1) The time of day set by the Commission [;] for hunting that animal pursuant to NRS 503.140; or

(2) If the Commission has not set such a time, between sunrise and sunset as determined pursuant to that section; or

(e) Without a valid tag issued by the Department for hunting that animal. A tag issued for hunting any animal specified in this subsection is not valid if knowingly used by a person:

(1) Other than the person specified on the tag;

(2) Outside of the management area or other area specified on the tag; or

(3) If the tag was obtained by a false or fraudulent representation.

2. The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if:

(a) The killing of the animal is necessary to protect the life or property of any person in imminent danger of being attacked by the animal; or

(b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1.

3. A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor. In determining whether to reduce the penalty, the court shall consider:

(a) The nature of the offense;

(b) The circumstances surrounding the offense;

(d) The attitude of the defendant towards the offense; and

(e) The general objectives of sentencing.

4. A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.

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ê2007 Statutes of Nevada, Page 1799 (CHAPTER 411, AB 573)ê

subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.

5. A person who violates the provisions of subsection 4 is guilty of a gross misdemeanor.

Sec. 25. Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Department shall issue a 1-day group fishing permit to a group upon the payment of the fee required pursuant to this section. A 1-day group fishing permit authorizes each member of the group to fish during the period specified on the permit in accordance with the regulations adopted by the Commission pursuant to this section. Each group that applies for the issuance of a 1-day group fishing permit pursuant to this section must designate a person who is at least 18 years of age to act as the primary adult for that group.

2. Except as otherwise provided in subsection 3, the fees for the issuance of a 1-day group fishing permit are:

(a) If at least one member of the group is a bona fide resident of this State pursuant to NRS 502.015:

(1) Eight dollars for the primary adult for the group;

(2) Five dollars for each other adult in the group; and

(3) Four dollars for each child in the group.

(b) If no member of the group is a bona fide resident of this State pursuant to NRS 502.015:

(1) Seventeen dollars for the primary adult for the group;

(2) Eleven dollars for each other adult in the group; and

(3) Five dollars for each child in the group.

3. The fees specified in subsection 2 are payable only with respect to each member of the group who does not hold a license or permit to fish issued pursuant to NRS 502.240.

4. The Commission shall adopt regulations to carry out the provisions of this section, including, without limitation, the requirements for using a 1-day group fishing permit.

5. As used in this section:

(a) “Adult” means a person who is at least 16 years of age.

(b) “Child” means a person who is at least 12 years of age but less than 16 years of age.

(c) “Group” means a group of persons consisting of at least one adult and one child at the time the 1-day group fishing permit is purchased.

Sec. 26. NRS 502.010 is hereby amended to read as follows:

502.010 1. A person who hunts or [traps any of the wild birds or mammals or who] fishes any wildlife without having first procured a license or permit to do so, as provided in this title, is guilty of a misdemeanor, except that:

(a) A license to hunt or fish is not required of a resident of this State who is under 12 years of age, unless required for the issuance of tags as prescribed in this title or by the regulations of the Commission.

(b) A license to fish is not required of a nonresident of this State who is under 12 years of age, but the number of fish taken by the nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.

(c) Except as otherwise provided in subsection 5 or 6 of NRS 202.300, it is unlawful for any child who is under 18 years of age to hunt any [of the wild birds or mammals] wildlife with any firearm, unless the child is accompanied at all times by his parent or guardian or is accompanied at all times by an adult person authorized by his parent or guardian to have control or custody of the child to hunt if the authorized person is also licensed to hunt.

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ê2007 Statutes of Nevada, Page 1800 (CHAPTER 411, AB 573)ê

wild birds or mammals] wildlife with any firearm, unless the child is accompanied at all times by his parent or guardian or is accompanied at all times by an adult person authorized by his parent or guardian to have control or custody of the child to hunt if the authorized person is also licensed to hunt.

(d) A child under 12 years of age, whether accompanied by a qualified person or not, shall not hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.

(e) The Commission may adopt regulations setting forth:

(1) The species of [wild birds or mammals] wildlife which may be hunted or trapped without a license or permit; or

(2) The circumstances under which a person may fish without a license, permit or stamp in a lake or pond that is located entirely on private property and is stocked with lawfully acquired fish.

(f) The Commission may declare one day per year as a day upon which persons may fish without a license to do so.

2. This section does not apply to the protection of persons or property from unprotected [wild birds or mammals] wildlife on or in the immediate vicinity of home or ranch premises.

Sec. 27. NRS 502.030 is hereby amended to read as follows:

502.030 1. Licenses or permits granting the privilege to hunt, fish or trap as provided in this title must be of such a form as is deemed necessary by the Department, but must include the following information:

(a) The holder’s name, address and description.

(b) The date issued.

(d) The correct designation as to whether a fishing, hunting or trapping license [.] or permit.

(e) A statement to be signed by the holder: “I, the signator holder in signing this license [,] or permit, hereby state that I am entitled to this license or permit under the laws of the State of Nevada and that no false statement has been made by me to obtain this license [.”] or permit.”

2. The Commission may provide rules and regulations requiring an applicant to exhibit proof of his identity and residence. Such information must be included on the license or permit as is deemed necessary by the Department.

3. The Commission may provide rules and regulations establishing a permanent licensing or permitting system. Such a system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses or permits for residents and the issuance of annual licenses or permits therefrom. The system may provide for the automatic renewal and validation of the annual license [.] or permit.

4. The Commission may [provide regulations covering] adopt regulations setting forth the method of applying for, the term and expiration date of any license or permit required by this title to be issued without the payment of a fee.

Sec. 28. NRS 502.240 is hereby amended to read as follows:

502.240 The Department shall issue annual licenses and limited permits:

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ê2007 Statutes of Nevada, Page 1801 (CHAPTER 411, AB 573)ê

1. To any person who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of a fee of $10 for an annual trapping license.

2. Except as otherwise provided in NRS 502.245 and 504.390, and section 25 of this act, to any person who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of a fee of:

For [a] an annual fishing license.................................................................................................................................. $25

For a 1-day permit to fish.................................................................................................................................................. 8

For each consecutive day added to a 1-day permit to fish......................................................................................... 3

For a hunting license......................................................................................................................................................... 29

For a combined hunting and fishing license................................................................................................................. 50

For a trapping license....................................................................................................................................................... 38

For a fur dealer’s license.................................................................................................................................................. 63

For an annual master guide’s license.......................................................................................................................... 750

For an annual subguide’s license................................................................................................................................. 125

3. To any person who has attained his 12th birthday but who has not attained his 16th birthday, and who is not a bona fide resident of the State of Nevada, upon the payment of a fee of $17 for an annual fishing license.

4. Except as otherwise provided in subsection 3 [,] and section 25 of this act, to any person who is not a bona fide resident of the State of Nevada, upon the payment of a fee of:

For an annual fishing license................................................................................................................................ $65

For a 1-day permit to fish........................................................................................................................................ 17

For each consecutive day added to a 1-day permit to fish................................................................................. 7

For a hunting license............................................................................................................................................... 138

For a combined hunting and fishing license....................................................................................................... 195

For an annual trapper’s license............................................................................................................................ 188

For a fur dealer’s license........................................................................................................................................ 125

For an annual master guide’s license............................................................................................................... 1,500

For an annual subguide’s license......................................................................................................................... 250

For a 1-day permit to hunt upland game and [waterfowl] migratory game birds....................................... 20

For each consecutive day added to a 1-day permit to hunt upland game and [waterfowl] migratory game birds............................................................................................................................................................. 8

5. To any person, without regard to residence, upon the payment of a fee of:

For a noncommercial license for the possession of live wildlife............................................................................ $15

For a commercial or private shooting preserve......................................................................................................... 125

For a commercial license for the possession of live wildlife................................................................................... 500

For a live bait dealer’s permit......................................................................................................................................... 44

For a competitive field trials permit............................................................................................................................... 31

For a permit to train dogs or falcons............................................................................................................................. 15

For a 1-year falconry license.......................................................................................................................................... 38

For a 3-year falconry license.......................................................................................................................................... 94

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ê2007 Statutes of Nevada, Page 1802 (CHAPTER 411, AB 573)ê

For an importation permit............................................................................................................................................. $15

For an import eligibility permit....................................................................................................................................... 31

For an exportation permit............................................................................................................................................... 15

For any other special permit issued by the Department, a fee not to exceed the highest fee established for any other special permit set by the Commission.

Sec. 29. NRS 502.250 is hereby amended to read as follows:

502.250 1. The amount of the fee that must be charged for the following tags is:

Resident deer tag............................................................................................................................................................ $30

Resident antelope tag....................................................................................................................................................... 60

Resident elk tag............................................................................................................................................................... 120

Resident bighorn sheep tag........................................................................................................................................... 120

Resident mountain goat tag......................................................................................................................................... 120

Resident mountain lion tag............................................................................................................................................. 25

Nonresident deer tag...................................................................................................................................................... 240

Nonresident antelope tag.............................................................................................................................................. 300

Nonresident antlered elk tag..................................................................................................................................... 1,200

Nonresident antlerless elk tag..................................................................................................................................... 500

Nonresident bighorn sheep tag.................................................................................................................................. 1,200

Nonresident mountain goat tag................................................................................................................................ 1,200

Nonresident mountain lion tag..................................................................................................................................... 100

2. The amount of the fee for other resident or nonresident big game tags must not exceed the highest fee for a resident or nonresident big game tag established pursuant to this section.

3. The amount of the fee for a tag determined to be necessary by the Commission for other species pursuant to NRS 502.130 must not exceed the highest fee for a resident or nonresident tag established pursuant to this section.

4. A fee not to exceed $10 may be charged for processing an application for a game species or permit other than an application for an elk. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk, $5 of which must be deposited with the State Treasurer for credit to the Wildlife Obligated Reserve Account in the State General Fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this State.

5. The Commission may accept sealed bids for or may auction not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the Department for the cost of managing wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in the State General Fund in accordance with the provisions of NRS 501.3575.

6. The Commission may by regulation establish an additional drawing for big game tags, which may be entitled the Partnership in Wildlife Drawing. To reimburse the Department for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

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ê2007 Statutes of Nevada, Page 1803 (CHAPTER 411, AB 573)ê

total amount of money received from the drawing may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. Except as otherwise provided by regulations adopted by the Commission pursuant to subsection 7, the money received by the Department from applicants in the drawing who are not awarded big game tags must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in accordance with the provisions of NRS 501.3575.

7. The Commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.

Sec. 30. NRS 502.326 is hereby amended to read as follows:

502.326 1. Except as otherwise provided in subsection 2, it is unlawful for any person to take or possess trout unless at the time he is fishing he carries on his person:

(a) An unexpired state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp; or

(b) Such documentation as the Department provides as proof that he has paid to the Department, for the licensing period that includes the time he is fishing, the same fee as that required pursuant to subsection 3 for the purchase of a state trout stamp for that period.

2. The provisions of subsection 1 do not apply to a person who:

(a) Is under the age of 12; or

(b) Is fishing:

(1) Under the authority of a valid 1-day permit to fish or during a consecutive day validly added to that permit; [or]

(2) Under the authority of a valid 1-day group fishing permit; or

(3) In accordance with regulations adopted by the Commission pursuant to subparagraph (2) of paragraph (e) of subsection 1 of NRS 502.010.

3. State trout stamps must be sold for a fee of $10 each by the Department and by persons authorized by the Department to sell hunting, fishing and trapping licenses.

4. The Department shall determine the form of the stamps.

Sec. 31. This act becomes effective on July 1, 2007.

________

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ê2007 Statutes of Nevada, Page 1804ê

CHAPTER 412, AB 485

Assembly Bill No. 485–Committee on Education

CHAPTER 412

AN ACT relating to education; revising provisions relating to reports of accountability to include information relating to pupils who drop out of school in grade 8; revising provisions governing the attendance and truancy of pupils; authorizing a juvenile court to order a parent or guardian of a child to pay a fine under certain circumstances if the child is a habitual truant; authorizing a juvenile court to waive certain fines if the parent or guardian is ordered to pay fines in a court of competent jurisdiction; requiring the Legislative Committee on Education to study issues relating to truancy; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Sections 1 and 2 of this bill require a report of pupils who drop out of school in grade 8 to be included in the reports of accountability prepared by the State Board of Education and the boards of trustees of school districts. (NRS 385.3469, 385.347)

Section 3 of this bill requires the board of trustees of a school district located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to establish a school attendance council. A board of trustees of a school district located in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) is authorized to establish a school attendance council. A school attendance council is required to implement a program to reduce the truancy of pupils and to monitor incidents of truancy of pupils within the district.

Existing law requires an advisory board to review school attendance created pursuant to NRS 392.126 to establish programs to reduce the truancy of pupils in the school district. (NRS 392.128) Section 5 of this bill requires those programs to include the coordination of community services that provide assistance for pupils who are truant from school.

Section 6 of this bill requires the board of trustees of each school district to establish procedures to monitor the attendance and truancy of pupils within the school district.

Existing law makes it unlawful for a person to induce or attempt to induce a child to be unlawfully absent from school. (NRS 392.220) Section 7 of this bill makes the inducement or attempt unlawful if the person knowingly induces or attempts to induce the child to be unlawfully absent from school. Section 7 of this bill also clarifies that a parent or guardian may be in violation of this law if the parent knowingly induces or attempts to induce a child to be unlawfully absent from school.

Under existing law a child who is adjudicated to be in need of supervision because the child is a habitual truant may be ordered to pay a fine. (NRS 62A.430) Section 9 of this bill authorizes the juvenile court to order the parent or guardian of the child to pay a fine if the parent or guardian knowingly induced the child to be a habitual truant. Section 9 also authorizes the juvenile court to waive a fine if a parent or guardian is ordered, by a court of competent jurisdiction, to pay a fine arising out of the same circumstances.

Section 11 of this bill requires the Legislative Committee on Education to study the issue of truancy and report its findings to the Legislature on or before February 1, 2009.

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ê2007 Statutes of Nevada, Page 1805 (CHAPTER 412, AB 485)ê

Whereas, The graduation rate reported each year by the Department of Education is based on a general count of pupils who entered grade 9 and a count of pupils who receive a diploma or drop out 4 years later; and

Whereas, The National Governors Association Task Force on State High School Graduation Data is urging states to adopt a new method for calculating the graduation rate which tracks an individual pupil through his educational career to determine whether the pupil graduates; and

Whereas, Nevada has committed to adopting this new method for calculating the graduation rate; and

Whereas, The members of the 74th Session of the Nevada Legislature hereby urge the Department of Education to begin using the method for calculating the graduation rate promoted by the National Governors Association as soon as practicable; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.3469 is hereby amended to read as follows:

385.3469 1. The State Board shall prepare an annual report of accountability that includes, without limitation:

(a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

(1) Pupils who are economically disadvantaged, as defined by the State Board;

(2) Pupils from major racial and ethnic groups, as defined by the State Board;

(3) Pupils with disabilities;

(4) Pupils who are limited English proficient; and

(5) Pupils who are migratory children, as defined by the State Board.

(c) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

(d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in paragraph (b).

(f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

(g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

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ê2007 Statutes of Nevada, Page 1806 (CHAPTER 412, AB 485)ê

district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

(h) Information on whether each public school, including, without limitation, each charter school, has made adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

(i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

(j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

(k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

(1) The percentage of teachers who are:

(I) Providing instruction pursuant to NRS 391.125;

(II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

(III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

(2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

(3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

(4) For each middle school, junior high school and high school:

(I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

(II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

(5) For each elementary school:

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ê2007 Statutes of Nevada, Page 1807 (CHAPTER 412, AB 485)ê

assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

(l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

(m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

(n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(o) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole . [, excluding] The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

(1) Provide proof to the school district of successful completion of the examinations of general educational development.

(2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

(3) Withdraw from school to attend another school.

(p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(t) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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ê2007 Statutes of Nevada, Page 1808 (CHAPTER 412, AB 485)ê

(u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

(w) Each source of funding for this State to be used for the system of public education.

(x) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

(1) The amount and sources of money received for programs of remedial study.

(2) An identification of each program of remedial study, listed by subject area.

(y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

(1) A standard high school diploma.

(2) An adjusted diploma.

(3) A certificate of attendance.

(bb) The number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(cc) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

(1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

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ê2007 Statutes of Nevada, Page 1809 (CHAPTER 412, AB 485)ê

(2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

(ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

(ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

2. A separate reporting for a subgroup of pupils must not be made pursuant to this section if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

3. The annual report of accountability must:

(a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

(b) Be prepared in a concise manner; and

(c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

4. On or before September 1 of each year, the State Board shall:

(a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

(b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

(1) Governor;

(2) Committee;

(3) Bureau;

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

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

(6) Governing body of each charter school.

5. Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

6. As used in this section:

(a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

(b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

Sec. 2. NRS 385.347 is hereby amended to read as follows:

385.347 1. The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel [in education] in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district.

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ê2007 Statutes of Nevada, Page 1810 (CHAPTER 412, AB 485)ê

schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of each school district shall:

(a) Report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school.

(b) For the information that is reported in an aggregated format, include the data that is applicable to the charter schools sponsored by the school district but not the charter schools that are sponsored by the State Board.

(c) Denote separately in the report those charter schools that are located within the school district and sponsored by the State Board.

2. The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

(a) The educational goals and objectives of the school district.

(b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

(1) The number of pupils who took the examinations;

(2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school;

(3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

(I) Pupils who are economically disadvantaged, as defined by the State Board;

(II) Pupils from major racial and ethnic groups, as defined by the State Board;

(III) Pupils with disabilities;

(IV) Pupils who are limited English proficient; and

(V) Pupils who are migratory children, as defined by the State Board;

(4) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board;

(5) The percentage of pupils who were not tested;

(6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in subparagraph (3);

(7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available;

(8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State.

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ê2007 Statutes of Nevada, Page 1811 (CHAPTER 412, AB 485)ê

district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison; and

(9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

Ê A separate reporting for a subgroup of pupils must not be made pursuant to this paragraph if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

(d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

(1) The percentage of teachers who are:

(I) Providing instruction pursuant to NRS 391.125;

(II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

(III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

(2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

(3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

(4) For each middle school, junior high school and high school:

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ê2007 Statutes of Nevada, Page 1812 (CHAPTER 412, AB 485)ê

(5) For each elementary school:

(e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

(f) The curriculum used by the school district, including:

(1) Any special programs for pupils at an individual school; and

(2) The curriculum used by each charter school in the district.

(g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

(1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

(h) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole . [, excluding] The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

(1) Provide proof to the school district of successful completion of the examinations of general educational development.

(2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

(3) Withdraw from school to attend another school.

(i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

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ê2007 Statutes of Nevada, Page 1813 (CHAPTER 412, AB 485)ê

(1) Communication with the parents of pupils in the district; and

(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

(k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

(l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

(n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

(q) Each source of funding for the school district.

(r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

(1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(2) An identification of each program of remedial study, listed by subject area.

(s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

(t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

(u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

(1) A standard high school diploma.

(2) An adjusted diploma.

(3) A certificate of attendance.

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ê2007 Statutes of Nevada, Page 1814 (CHAPTER 412, AB 485)ê

(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

(w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

(x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

(y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

(z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

(1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

(2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

(aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school the district. The information must include:

(1) The number of paraprofessionals employed at the school; and

(2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

(bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

(cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

(dd) Such other information as is directed by the Superintendent of Public Instruction.

3. The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school.

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ê2007 Statutes of Nevada, Page 1815 (CHAPTER 412, AB 485)ê

A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

4. The annual report of accountability prepared pursuant to subsection 2 must:

(a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

(b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

5. The Superintendent of Public Instruction shall:

(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School Administrators;

(4) Nevada Parent Teacher Association;

(5) Budget Division of the Department of Administration; and

(6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

6. The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

7. On or before August 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

8. On or before August 15 of each year, the board of trustees of each school district shall:

(a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

(1) Governor;

(2) State Board;

(3) Department;

(4) Committee; and

(5) Bureau.

(b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any.

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ê2007 Statutes of Nevada, Page 1816 (CHAPTER 412, AB 485)ê

website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

9. Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

10. As used in this section:

(a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

(b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

Sec. 3. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The board of trustees of a school district located:

(a) In a county whose population is 100,000 or more, shall establish not less than one school attendance council within the school district.

(b) In a county whose population is less than 100,000, may establish a school attendance council within the school district.

2. A school attendance council established by the board of trustees must consist of members whose professional responsibilities relate to the prevention of truancy and the enforcement of laws relating to truancy, which may include, without limitation, a person in charge of monitoring attendance within the school district or a school, a representative from an agency which provides child welfare services, a representative from a law enforcement agency and a representative of the district attorney.

3. A school attendance council shall:

(a) Assist in the implementation of a program to reduce the truancy of pupils adopted by the advisory board to review school attendance pursuant to NRS 392.128.

(b) Monitor each incident involving the truancy of a pupil within the school district and document the efforts made by each school and the school district to assist the pupil in attending school.

(c) Monitor excessive absences of pupils within the school district and document the efforts made by each school and the school district to assist pupils in attending school.

(d) Prepare an annual report which includes a compilation of the disposition of incidences involving the truancy of pupils during the immediately preceding school year. On or before August 1 of each year the report must be submitted to the Department and the Legislative Committee on Education. The annual report must not disclose the identity of an individual pupil.

(e) Receive and retain a report from a family resource center or other provider of community services that assists pupils who are truant. As used in this paragraph, “family resource center” has the meaning ascribed to it in NRS 430A.040.

Sec. 4. NRS 392.127 is hereby amended to read as follows:

392.127 The board of trustees of each school district shall provide administrative support to [each advisory] :

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ê2007 Statutes of Nevada, Page 1817 (CHAPTER 412, AB 485)ê

1. Each advisory board to review school attendance created in its county pursuant to NRS 392.126.

2. If applicable, each school attendance council established pursuant to section 3 of this act.

Sec. 5. NRS 392.128 is hereby amended to read as follows:

392.128 1. Each advisory board to review school attendance created pursuant to NRS 392.126 shall:

(a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district pursuant to subsection 7 of NRS 385.347;

(b) Identify factors that contribute to the truancy of pupils in the school district;

(c) Establish programs to reduce the truancy of pupils in the school district [;] , including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;

(d) At least annually, evaluate the effectiveness of those programs;

(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and

(f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.

2. The chairman of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chairman of an advisory board divides the advisory board into subcommittees, the chairman shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.

3. An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.

4. An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

Sec. 6. NRS 392.150 is hereby amended to read as follows:

392.150 1. The board of trustees of a school district may [:

1. Appoint] appoint an attendance officer [,] for the school district, who need not be a licensed employee of the school district, except that in any school district where a system of classified employment is in effect, attendance officers must be classified employees of the school district. If the board of trustees appoints an attendance officer for the school district, the board of trustees may:

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ê2007 Statutes of Nevada, Page 1818 (CHAPTER 412, AB 485)ê

board of trustees appoints an attendance officer for the school district, the board of trustees may:

[2.] (a) Fix his compensation [.] ;

[3.] (b) Prescribe his duties [.] ; and

[4.] (c) Adopt regulations not inconsistent with law for the performance of his duties.

2. The board of trustees of each school district shall:

(a) Establish procedures to monitor the attendance and truancy of pupils, including, without limitation, a standard method for reporting the truancy of pupils and a standard method for reporting excessive absences of pupils throughout the school district;

(b) Coordinate efforts to refer pupils who are truant to appropriate providers of community services; and

(c) Determine, based on the attendance and truancy of pupils at each school within the school district, whether to employ an attendance clerk for a particular school or group of schools whose primary responsibility is to monitor the attendance and truancy of pupils.

Sec. 7. NRS 392.220 is hereby amended to read as follows:

392.220 1. Any person , including, without limitation, a parent or legal guardian of a child, who knowingly induces or attempts to induce any child to be absent from school unlawfully, including, without limitation, requiring the child to provide care for a sibling while school is in session, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school, is guilty of a misdemeanor.

2. The attendance officer for the school district, an attendance clerk or any other school officer is empowered to visit any place or establishment where minor children are employed to ascertain whether the provisions of this title of NRS are complied with fully, and may demand from all employers of such children a list of children employed, with their names and ages.

Sec. 8. NRS 62E.270 is hereby amended to read as follows:

62E.270 1. If the juvenile court imposes a fine against:

(a) A delinquent child pursuant to NRS 62E.730;

(b) A child who has committed a minor traffic offense, except an offense related to metered parking, pursuant to NRS 62E.700; or

(c) A child in need of supervision , or the parent or guardian of the child, because the child is a habitual truant pursuant to NRS 62E.430,

Ê the juvenile court shall order the child or the parent or guardian of the child to pay an administrative assessment of $10 in addition to the fine.

2. The juvenile court shall state separately on its docket the amount of money that the juvenile court collects for the administrative assessment.

3. If the child is found not to have committed the alleged act or the charges are dropped, the juvenile court shall return to the child or the parent or guardian of the child any money deposited with the juvenile court for the administrative assessment.

4. On or before the fifth day of each month for the preceding month, the clerk of the court shall pay to the county treasurer the money the juvenile court collects for administrative assessments.

5. On or before the 15th day of each month, the county treasurer shall deposit the money in the county general fund for credit to a special account for the use of the county’s juvenile court or for services to delinquent children.

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ê2007 Statutes of Nevada, Page 1819 (CHAPTER 412, AB 485)ê

Sec. 9. NRS 62E.430 is hereby amended to read as follows:

62E.430 1. If a child is adjudicated to be in need of supervision because the child is a habitual truant, the juvenile court shall:

(a) The first time the child is adjudicated to be in need of supervision because the child is a habitual truant:

(1) Order [the child to:

(I) Pay] :

(I) The child to pay a fine of not more than $100 and the administrative assessment required by NRS 62E.270 [;] or if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine and the administrative assessment; or

(II) [Perform] The child to perform not less than 8 hours but not more than 16 hours of community service; and

(2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 30 days but not more than 6 months. If the child does not possess a driver’s license, the juvenile court shall prohibit the child from applying for a driver’s license for 30 days:

(I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or

(II) After the date the child becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.

(b) The second or any subsequent time the child is adjudicated to be in need of supervision because the child is a habitual truant:

(1) Order [the child to:

(I) Pay] :

(I) The child to pay a fine of not more than $200 and the administrative assessment required by NRS 62E.270 [;] or if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine and the administrative assessment;

(II) [Perform] The child to perform not more than 10 hours of community service; or

(III) [Comply] Compliance with the requirements set forth in both sub-subparagraphs (I) and (II); and

(2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 60 days but not more than 1 year. If the child does not possess a driver’s license, the juvenile court shall prohibit the child from applying for a driver’s license for 60 days:

(I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or

(II) After the date the child becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.

2. The juvenile court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the imposition of the fine, or has a valid excuse acceptable to his teacher or the principal for any absence from school within that period.

3. The juvenile court may suspend the payment of a fine ordered pursuant to this section if the parent or guardian of a child is ordered to pay a fine by another court of competent jurisdiction in a case relating to or arising out of the same circumstances that caused the juvenile court to adjudicate the child in need of supervision.

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ê2007 Statutes of Nevada, Page 1820 (CHAPTER 412, AB 485)ê

or arising out of the same circumstances that caused the juvenile court to adjudicate the child in need of supervision.

4. The community service ordered pursuant to this section must be performed at the child’s school of attendance, if practicable.

Sec. 10. NRS 430A.160 is hereby amended to read as follows:

430A.160 1. Each family resource center shall provide referrals to obtain, if available, the following services:

(a) Education on caring for infants and day care services for infants;

(b) Education on parenting;

(d) Programs to identify and assist developmentally disabled infants and young children of up to 5 years of age;

(e) Day care for children who are old enough to attend school, both before and after school;

(f) Programs to assist senior citizens;

(g) Programs to supplement formal education, including, without limitation, mentor programs for pupils in elementary and secondary schools, literacy programs, programs that encourage parental involvement in school, programs that teach English as a second language, programs to assist in the naturalization process and other alternative educational programs;

(h) Programs to teach adults and children skills for employment and self-sufficiency;

(i) Services that will assist families with physical and mental health issues, the special needs of children, food and nutritional needs, recreational needs, housing problems, domestic violence and substance abuse;

(j) Programs designed to reduce the rate of pregnancies in unmarried teenage girls;

(k) Programs designed to assist pupils who are truant from school and to reduce the rate at which pupils drop out of school;

(l) Transportation services, particularly to assist people in traveling to the social service agencies from which they may be receiving services pursuant to this section;

(m) Classes that teach alternative means of resolving disputes that arise in the family; and

(n) Any other services for which the communities that the family resource center serves have a need.

2. Each family resource center may offer services directly through its own employees and resources or contract with social service agencies to provide services, or may do both.

3. Any family resource center that offers services directly through its own employees and resources shall comply with all applicable state and federal laws and regulations regarding the delivery of the services.

Sec. 11. 1. The Legislative Committee on Education shall study issues relating to truancy during the 2007-2009 interim.

2. The study must include, without limitation, a review of:

(a) Issues relating to pupils who are truant from school, including, without limitation, measures of prevention, intervention and diversion and the imposition of appropriate discipline.

(b) The effectiveness of existing programs designed to reduce the number of pupils who are truant from school and identify programs throughout the State or in other states that are effective.

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ê2007 Statutes of Nevada, Page 1821 (CHAPTER 412, AB 485)ê

3. On or before February 1, 2009, the Legislative Committee on Education shall submit the report of its findings and any recommendations to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.

Sec. 12. The provisions of section 9 of this act do not apply to a parent or guardian of a child who is adjudicated in need of supervision because he is a habitual truant if all acts of truancy occurred before July 1, 2007.

Sec. 13. This act becomes effective on July 1, 2007.

________

CHAPTER 413, SB 412

Senate Bill No. 412–Senators Heck, Townsend, Hardy, Beers, Cegavske and Washington

Joint Sponsors: Assemblymen Hardy, Gansert and Mabey

CHAPTER 413

AN ACT relating to health care; revising the method of selecting certain professionals for various boards related to health care; creating a new type of license for practicing medicine; changing the requirements for a license by endorsement to practice medicine; providing new requirements for certain nursing instructors; providing two new types of licenses for osteopathic medicine; providing a new type of license as a dispensing optician; providing in statute for the election of officers for the State Board of Physical Therapy Examiners; making various other changes relating to health care; and providing other matters properly relating thereto.

[Approved: June 13, 2007]

Legislative Counsel’s Digest:

Existing law provides methods of selecting certain persons for various boards related to health care. (NRS 630.060, 630A.110, 631.130, 632.030, 633.191, 634.020, 634A.040, 635.020, 636.035, 637.030, 637A.035, 637B.100, 639.030, 640.030, 640A.080, 640B.170, 640B.180, 640C.150, 641.040, 641A.100, 641B.100 and 641C.150) Section 1 of this bill establishes new requirements related to selecting such persons if they are members of the profession being regulated by a board. Specifically, each applicable professional association is required to provide a list of nominees to the Governor for vacant positions on such boards. The Governor may, but is not required to, appoint a person from the list.

Existing law provides certain special types of licenses that the Board of Medical Examiners may issue. (NRS 630.258-630.265) Section 3 of this bill provides a new type of license for a foreign expert physician.

Existing law provides for certain persons to receive a license by endorsement to practice medicine. (NRS 630.1605) Section 7 of this bill revises the requirements for such a license.

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ê2007 Statutes of Nevada, Page 1822 (CHAPTER 413, SB 412)ê

Existing law provides that each holder of a license to practice medicine or osteopathic medicine is required to report annually certain information concerning surgeries. (NRS 630.30665, 633.524) Sections 7.5 and 54 of this act require a separate report of certain sentinel events and provide for an administrative penalty to be imposed if the holder of the license fails to file the report or knowingly files false information in a report.

Existing law provides certain requirements and the procedures for creating requirements for schools and courses of professional nursing. (NRS 632.430-632.470) Section 11 of this bill provides for the various requirements for nursing instructors in clinical practice.

Existing law provides certain types of special licenses that the State Board of Osteopathic Medicine may issue. (NRS 633.401-633.411) Section 24 of this bill provides a new type of license for a foreign expert osteopathic physician. Section 25 of this bill provides a new type of license by endorsement to practice osteopathic medicine.

Existing law provides for the certification of osteopathic physician’s assistants by the State Board of Osteopathic Medicine. (NRS 633.101, 633.431, 633.441, 633.451) Section 37 of this bill changes the title of “osteopathic physician’s assistant” to “physician assistant.” Sections 29 and 30 of this bill provide for the licensure, rather than certification, of such physician assistants. Sections 16, 17, 22, 36, 37, 39, 40, 43, 49, 53, 55, 58, 69, 71 and 84-118 of this bill amend various statutes in accordance with these changes.

Existing law provides requirements for the licensing of dispensing opticians. (NRS 637.090-637.140) Section 64 of this bill provides a new type of license for a person with an out-of-state license as a dispensing optician.

Existing law provides for the creation of the State Board of Physical Therapy Examiners. (NRS 640.030) Section 74 of this bill provides for the election of officers for that Board.

Section 119 of this bill repeals certain statutes, including, without limitation, NRS 632.450 which requires that the minimum length for a course of instruction in nursing is 2 years.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the Governor must appoint to a board a person who is a member of a profession being regulated by that board, the Governor shall solicit nominees from one or more applicable professional associations in this State.

2. To the extent practicable, such an applicable professional association shall provide nominees who represent the geographic diversity of this State.

3. The Governor may appoint any qualified person to a board, without regard to whether the person is nominated pursuant to this section.

4. As used in this section, “board” refers to a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 641, 641A, 641B or 641C.

Sec. 2. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, [and] 4 and 5 of this act.

Sec. 3. 1. Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to a person who:

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ê2007 Statutes of Nevada, Page 1823 (CHAPTER 413, SB 412)ê

(a) Is a graduate of a foreign medical school;

(b) Teaches, researches or practices medicine outside the United States;

(d) Intends to teach, research or practice clinical medicine at a medical research facility or medical school in this State.

2. A person who applies for a restricted license is not required to take or pass a written examination concerning his qualifications to practice medicine, but the person must satisfy the requirements for a restricted license set forth in regulations adopted by the Board.

3. A person who holds a restricted license issued pursuant to this section may practice medicine in this State only in accordance with the terms and restrictions established by the Board.

4. If a person who holds a restricted license issued pursuant to this section ceases to teach, research or practice clinical medicine in this State at the medical research facility or medical school where he is employed:

(a) The medical research facility or medical school, as applicable, shall notify the Board; and

(b) Upon receipt of such notification, the restricted license expires automatically.

5. The Board may renew or modify a restricted license issued pursuant to this section, unless the restricted license has expired automatically or has been revoked.

6. The provisions of this section do not limit the authority of the Board to issue a restricted license to an applicant in accordance with any other provision of this chapter.

Sec. 4. (Deleted by amendment.)

Sec. 5. 1. A private nonprofit medical school or a nonprofit medical research institution may, notwithstanding any provision of law to the contrary:

(a) Operate as a corporation or other business organization or association with ownership or control shared by persons licensed pursuant to this chapter and persons not licensed pursuant to this chapter;

(b) Operate a clinic in conjunction with the school or institution which is staffed by physicians or osteopathic physicians who are employed by the school or the institution and who are:

(1) Licensed pursuant to this chapter or chapter 633 of NRS, respectively; and

(2) Members of the faculty of the school or institution; and

(c) Retain all or a portion of the money generated by a clinic described in paragraph (b), including, without limitation, any professional income generated by a physician or osteopathic physician staffing the clinic.

2. As used in this section, “private nonprofit medical school” means a private nonprofit medical school that is licensed by the Commission on Postsecondary Education and approved by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges.

Sec. 5.5. NRS 630.130 is hereby amended to read as follows:

630.130 1. In addition to the other powers and duties provided in this chapter, the Board shall, in the interest of the public, judiciously:

(a) Enforce the provisions of this chapter;

(b) Establish by regulation standards for licensure under this chapter;

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ê2007 Statutes of Nevada, Page 1824 (CHAPTER 413, SB 412)ê

(d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board; and

(e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.

2. On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

(a) Disciplinary action taken by the Board during the previous biennium against physicians for malpractice or negligence; [and]

(b) Information reported to the Board during the previous biennium pursuant to NRS [630.30665,] 630.3067, 630.3068, subsections 2 and 3 of NRS 630.307 and NRS 690B.250 and 690B.260 [.] ; and

(c) Information reported to the Board during the previous biennium pursuant to NRS 630.30665, including, without limitation, the number and types of surgeries performed by each holder of a license to practice medicine and the occurrence of sentinel events arising from such surgeries, if any.

Ê The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

3. The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.

Sec. 6. NRS 630.160 is hereby amended to read as follows:

630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.

2. Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.265, inclusive, and section 3 of this act, a license may be issued to any person who:

(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

(b) Has received the degree of doctor of medicine from a medical school:

(1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

(c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain such certification for the duration of his licensure, or has passed:

(1) All parts of the examination given by the National Board of Medical Examiners;

(2) All parts of the Federation Licensing Examination;

(3) All parts of the United States Medical Licensing Examination;

(4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

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ê2007 Statutes of Nevada, Page 1825 (CHAPTER 413, SB 412)ê

(5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

(6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

(d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:

(1) Has completed 36 months of progressive postgraduate:

(I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association; or

(II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; or

(2) Has completed at least 36 months of postgraduate education, not less than 24 months of such postgraduate education must be as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and

(e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b).

Sec. 7. NRS 630.1605 is hereby amended to read as follows:

630.1605 1. Except as otherwise provided in NRS 630.161, the Board [may] shall, except for good cause, issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

[1.] (a) At the time the applicant files his application with the Board, the license is in effect [;

2. The applicant:

(a) Submits to the Board proof of passage of an examination approved by the Board;

(b) Submits to the Board any documentation and other proof of qualifications required by the Board;

(c) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160; and

(d) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and

3. Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.] and unrestricted; and

(b) The applicant:

(1) Is currently certified by a specialty board of the American Board of Medical Specialties and was certified or recertified within the past 10 years;

(2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 10 years;

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ê2007 Statutes of Nevada, Page 1826 (CHAPTER 413, SB 412)ê

(3) Has been continuously and actively engaged in the practice of medicine within his specialty for the past 5 years;

(4) Is not involved in and does not have pending any disciplinary action concerning his license to practice medicine in the District of Columbia or any state or territory of the United States;

(5) Provides information on all the medical malpractice claims brought against him, without regard to when the claims were filed or how the claims were resolved; and

(6) Meets all statutory requirements to obtain a license to practice medicine in this State except that the applicant is not required to meet the requirements set forth in NRS 630.160.

2. A license by endorsement may be issued at a meeting of the Board or between its meetings by its President and Executive Director. Such an action shall be deemed to be an action of the Board.

Sec. 7.5. NRS 630.30665 is hereby amended to read as follows:

630.30665 1. The Board shall require each holder of a license to practice medicine to submit annually to the Board, on a form provided by the Board [, and in the format required by the Board by regulation,] a report [:

(a) Stating] stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

[(1)] (a) At a medical facility as that term is defined in NRS 449.0151; or

[(2)] (b) Outside of this State . [; and

(b) Reporting]

2. In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any [such] surgery [.] described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the Administrator of the Health Division of the Department of Health and Human Services for reporting information pursuant to NRS 439.835.

[2.] 3. Each holder of a license to practice medicine shall submit the report required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action [.] pursuant to subsection 8 of NRS 630.306.

[3.] 4. The Board shall:

(a) Collect and maintain reports received pursuant to subsection 1; and

(b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access.

[4.] 5. A report received pursuant to subsection 1 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

[5.] 6. The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

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ê2007 Statutes of Nevada, Page 1827 (CHAPTER 413, SB 412)ê

sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

[6.] 7. In addition to any other remedy or penalty, if a holder of a license to practice medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice medicine with notice and opportunity for a hearing, impose against the holder of a license to practice medicine an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

8. As used in this section:

(a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

(b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

(c) “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

(d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

Secs. 8 and 9. (Deleted by amendment.)

Sec. 10. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 14, inclusive, of this act.

Sec. 11. 1. An accredited or approved school of nursing, practical nursing or professional nursing may hire as an instructor for clinical practice a person who holds a bachelor’s degree in nursing and has at least 5 years of nursing experience in patient care.

2. As used in this section, “instructor for clinical practice” means a registered nurse whose primary role is educating prelicensure nursing students in a skills laboratory or practice site.

Secs. 12-14. (Deleted by amendment.)

Sec. 15. NRS 632.0126 is hereby amended to read as follows:

632.0126 “Approved school of nursing” means a school of nursing that is approved by the Board as meeting the standards for nursing education established by the Board pursuant to NRS 632.430 to 632.470, inclusive [.] , and section 11 of this act.

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ê2007 Statutes of Nevada, Page 1828 (CHAPTER 413, SB 412)ê

Sec. 16. NRS 632.017 is hereby amended to read as follows:

632.017 “Practice of practical nursing” means the performance of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a [licensed] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

Sec. 17. NRS 632.018 is hereby amended to read as follows:

632.018 “Practice of professional nursing” means the performance of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a [licensed] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

Sec. 18. NRS 632.030 is hereby amended to read as follows:

632.030 1. The Governor shall appoint:

(a) Three registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.

(b) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this State and has been actively engaged in nursing for at least 5 years preceding the appointment.

(d) 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.

(e) One member who is a representative of the general public. This member must not be:

(1) A licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing; or

(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing.

2. Each member of the Board must be:

(a) A citizen of the United States; and

(b) A resident of the State of Nevada who has resided in this State for not less than 2 years.

3. A representative of the general public may not:

(a) Have a fiduciary obligation to a hospital or other health agency;

(b) Have a material financial interest in the rendering of health services; or

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ê2007 Statutes of Nevada, Page 1829 (CHAPTER 413, SB 412)ê

4. The members appointed to the Board pursuant to paragraphs (a) and (b) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:

(a) In administration.

(b) In education.

(d) In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.

(e) In a licensed medical facility.

5. Each member of the Board shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this [section] chapter to replace that member for the remainder of the unexpired term.

6. No member of the Board may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.

Secs. 19-21. (Deleted by amendment.)

Sec. 22. NRS 632.472 is hereby amended to read as follows:

632.472 1. The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

(a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.

(b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

(d) Any person who maintains or is employed by an agency to provide personal care services in the home.

(e) Any person who maintains or is employed by an agency to provide nursing in the home.

(f) Any employee of the Department of Health and Human Services.

(g) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

(h) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

(i) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

(j) Any social worker.

2. Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility.

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ê2007 Statutes of Nevada, Page 1830 (CHAPTER 413, SB 412)ê

engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

3. A report may be filed by any other person.

4. Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

5. As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

Sec. 23. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 35, inclusive, of this act.

Sec. 24. 1. Except as otherwise provided in NRS 633.315, the Board may issue a special license to a person who:

(a) Is a graduate of a foreign school which teaches osteopathic medicine;

(b) Teaches, researches or practices osteopathic medicine outside the United States;

(d) Intends to teach, research or practice clinical osteopathic medicine at a medical research facility or school of osteopathic medicine in this State.

2. A person who applies for a special license is not required to take or pass a written examination concerning his qualifications to practice osteopathic medicine, but the person must satisfy the requirements for a special license set forth in regulations adopted by the Board.

3. A person who holds a special license issued pursuant to this section may practice osteopathic medicine in this State only in accordance with the terms and restrictions established by the Board.

4. If a person who holds a special license issued pursuant to this section ceases to teach, research or practice clinical osteopathic medicine in this State at the medical research facility or school of osteopathic medicine where he is employed:

(a) The medical research facility or school of osteopathic medicine, as applicable, shall notify the Board; and

(b) Upon receipt of such notification, the special license expires automatically.

5. The Board may renew or modify a special license issued pursuant to this section, unless the special license has expired automatically or has been revoked.

6. The provisions of this section do not limit the authority of the Board to issue a special license to an applicant in accordance with any other provision of this chapter.

Sec. 25. 1. Except as otherwise provided in NRS 633.315, the Board shall, except for good cause, issue a license by endorsement to a person who has been issued a license to practice osteopathic medicine by the District of Columbia or any state or territory of the United States if:

(a) At the time the person files his application with the Board, the license is in effect and unrestricted; and

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ê2007 Statutes of Nevada, Page 1831 (CHAPTER 413, SB 412)ê

(b) The applicant:

(1) Is currently certified by either a specialty board of the American Board of Medical Specialties or a specialty board of the American Osteopathic Association, and was certified or recertified within the past 10 years;

(2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;

(3) Has been continuously and actively engaged in the practice of osteopathic medicine within his specialty for the past 5 years;

(4) Is not involved in and does not have pending any disciplinary action concerning his license to practice osteopathic medicine in the District of Columbia or any state or territory of the United States;

(5) Provides information on all the medical malpractice claims brought against him, without regard to when the claims were filed or how the claims were resolved; and

(6) Meets all statutory requirements to obtain a license to practice osteopathic medicine in this State except that the applicant is not required to meet the requirements set forth in NRS 633.311.

2. Any person applying for a license pursuant to this section shall pay in advance to the Board the application and initial license fee specified in this chapter.

3. A license by endorsement may be issued at a meeting of the Board or between its meetings by its President and Executive Director. Such action shall be deemed to be an action of the Board.

Sec. 26. (Deleted by amendment.)

Sec. 27. A private nonprofit school of osteopathic medicine that is licensed by the Commission on Postsecondary Education and approved by the American Osteopathic Association’s Commission on College Accreditation may, notwithstanding any provision of law to the contrary:

1. Operate as a corporation or other business organization or association with ownership or control shared by persons licensed pursuant to this chapter and persons not licensed pursuant to this chapter;

2. Operate a clinic in conjunction with the school which is staffed by osteopathic physicians or physicians who are:

(a) Licensed pursuant to this chapter or chapter 630 of NRS, respectively; and

(b) Members of the faculty of the school; and

3. Retain all or a portion of the money generated by a clinic described in subsection 2, including, without limitation, any professional income generated by an osteopathic physician or physician staffing the clinic.

Sec. 28. 1. A physician assistant may perform such medical services as:

(a) He is authorized to perform by his supervising osteopathic physician; and

(b) Are within his supervising osteopathic physician’s scope of practice.

2. The Board and supervising osteopathic physician shall limit the authority of a physician assistant to prescribe controlled substances to those schedules of controlled substances that the supervising osteopathic physician is authorized to prescribe pursuant to state and federal law.

Sec. 29. The Board may issue a license as a physician assistant to an applicant who is qualified under the regulations of the Board to perform medical services under the supervision of a supervising osteopathic physician.

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ê2007 Statutes of Nevada, Page 1832 (CHAPTER 413, SB 412)ê

medical services under the supervision of a supervising osteopathic physician. The application for a license as a physician assistant must include all information required to complete the application.

Sec. 30. The Board shall adopt regulations regarding the licensure of a physician assistant, including, without limitation:

1. The educational and other qualifications of applicants.

2. The required academic program for applicants.

3. The procedures for applications for and the issuance of licenses.

4. The tests or examinations of applicants by the Board.

5. The medical services which a physician assistant may perform, except that he may not perform osteopathic manipulative therapy or those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, doctors of Oriental medicine, podiatric physicians, optometrists and hearing aid specialists under chapters 631, 634, 634A, 635, 636 and 637A, respectively, of NRS.

6. The duration, renewal and termination of licenses.

7. The grounds and procedures respecting disciplinary actions against physician assistants.

8. The supervision of medical services of a physician assistant by a supervising osteopathic physician.

Sec. 31. 1. A physician assistant shall:

(a) Keep his license available for inspection at his primary place of business; and

(b) When engaged in his professional duties, identify himself as a physician assistant.

2. A physician assistant shall not bill a patient separately from his supervising osteopathic physician.

Sec. 32. 1. An osteopathic physician may at any time refuse to act as a supervising osteopathic physician for a physician assistant.

2. A condition, stipulation or provision in a contract or other agreement which:

(a) Requires an osteopathic physician to act as a supervising osteopathic physician for a physician assistant;

(b) Penalizes an osteopathic physician for refusing to act as a supervising osteopathic physician for a physician assistant; or

(c) Limits a supervising osteopathic physician’s authority with regard to any protocol, standing order or delegation of authority applicable to a physician assistant supervised by the osteopathic physician,

Ê is against public policy and is void.

Sec. 33. An osteopathic physician who does not normally provide care to patients may not be a supervising osteopathic physician.

Sec. 34. 1. A supervising osteopathic physician shall provide supervision to his physician assistant continuously whenever the physician assistant is performing his professional duties.

2. Except as otherwise provided in subsection 3, a supervising osteopathic physician may provide supervision to his physician assistant in person or by telecommunication. When providing supervision by telecommunication, a supervising osteopathic physician may be at a different site than the physician assistant.

3. A supervising osteopathic physician shall provide supervision to his physician assistant in person at all times during the first 30 days that the supervising osteopathic physician supervises the physician assistant. After the first 30 days, the supervising osteopathic physician shall not regularly maintain the physician assistant at a different site than the supervising osteopathic physician.

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ê2007 Statutes of Nevada, Page 1833 (CHAPTER 413, SB 412)ê

the first 30 days, the supervising osteopathic physician shall not regularly maintain the physician assistant at a different site than the supervising osteopathic physician. The provisions of this subsection do not apply to a federally qualified health center.

4. Before beginning to supervise a physician assistant, a supervising osteopathic physician must communicate to the physician assistant:

(a) The scope of practice of the physician assistant;

(b) The access to the supervising osteopathic physician that the physician assistant will have; and

(c) Any processes for evaluation that the supervising osteopathic physician will use to evaluate the physician assistant.

5. A supervising osteopathic physician shall not delegate to his physician assistant, and his physician assistant shall not accept, a task that is beyond the physician assistant’s capability to complete safely.

6. As used in this section, “federally qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

Sec. 35. 1. A physician assistant licensed under the provisions of this chapter who is responding to a need for medical care created by an emergency or disaster, as declared by an applicable governmental entity, may render emergency care that is directly related to the emergency or disaster without the supervision of an osteopathic physician, as required by this chapter. The provisions of this subsection apply only for the duration of the emergency or disaster.

2. An osteopathic physician who supervises a physician assistant who is rendering emergency care that is directly related to an emergency or disaster, as described in subsection 1, shall not be required to meet the requirements set forth in this chapter for such supervision.

Sec. 36. NRS 633.031 is hereby amended to read as follows:

633.031 [“Employing] “Supervising osteopathic physician” means an osteopathic physician who is licensed in this State [who employs] , is in good standing with the Board and supervises [an osteopathic physician’s] a physician assistant with Board approval.

Sec. 37. NRS 633.101 is hereby amended to read as follows:

633.101 “Physician assistant” means a person who is a graduate of an academic program approved by the Board or who, by general education, practical training and experience determined to be satisfactory by the Board, is qualified to perform medical services under the supervision of a supervising osteopathic physician and who has been issued a license by the Board.

Sec. 38. NRS 633.131 is hereby amended to read as follows:

633.131 1. “Unprofessional conduct” includes:

(a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine or in applying for renewal of a license to practice osteopathic medicine.

(b) Failure of a licensee of the practice of osteopathic medicine to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician, doctor of osteopathy or a similar term.

(c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.

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ê2007 Statutes of Nevada, Page 1834 (CHAPTER 413, SB 412)ê

capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.

(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.

(e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.

(f) Engaging in any:

(1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or

(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

(g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.

(h) Habitual drunkenness or habitual addiction to the use of a controlled substance.

(i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body.

(j) Willful disclosure of a communication privileged pursuant to a statute or court order.

(k) Willful disobedience of the regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.

(l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.

(m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

(n) Making alterations to the medical records of a patient that the licensee knows to be false.

(o) Making or filing a report which the licensee knows to be false.

(p) Failure of a licensee to file a record or report as required by law, or willfully obstructing or inducing any person to obstruct such filing.

(q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061.

2. It is not unprofessional conduct:

(a) For persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;

(b) For two or more persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each; or

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ê2007 Statutes of Nevada, Page 1835 (CHAPTER 413, SB 412)ê

(c) For a person licensed to practice osteopathic medicine pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.

Sec. 39. NRS 633.151 is hereby amended to read as follows:

633.151 The purpose of licensing osteopathic physicians and [osteopathic physicians’] physician assistants is to protect the public health and safety and the general welfare of the people of this State. Any license issued pursuant to this chapter is a revocable privilege and a holder of such a license does not acquire thereby any vested right.

Sec. 39.5. NRS 633.286 is hereby amended to read as follows:

633.286 1. On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

(a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians for malpractice or negligence; [and]

(b) Information reported to the Board during the previous biennium pursuant to NRS [633.524,] 633.526, 633.527, subsections 2 and 3 of NRS 633.533 and NRS 690B.250 and 690B.260 [.] ; and

(c) Information reported to the Board during the previous biennium pursuant to NRS 633.524, including, without limitation, the number and types of surgeries performed by each holder of a license to practice osteopathic medicine and the occurrence of sentinel events arising from such surgeries, if any.

2. The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

Sec. 40. NRS 633.301 is hereby amended to read as follows:

633.301 1. The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in this section, the record must be open to public inspection at all reasonable times and contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician and every physician assistant licensed under this chapter.

2. 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 an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

3. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

4. The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

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ê2007 Statutes of Nevada, Page 1836 (CHAPTER 413, SB 412)ê

Sec. 41. NRS 633.321 is hereby amended to read as follows:

633.321 1. Every applicant for a license shall:

(a) File an application with the Board in the manner prescribed by regulations of the Board;

(b) Submit verified proof satisfactory to the Board that he meets [the] any age, citizenship and educational requirements prescribed by this chapter; and

2. An application filed with the Board pursuant to subsection 1 must include all information required to complete the application.

3. The Board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.

4. The Board may reject an application if it appears that any credential submitted is false.

Sec. 42. NRS 633.322 is hereby amended to read as follows:

633.322 In addition to the other requirements for licensure [,] to practice osteopathic medicine, an applicant shall cause to be submitted to the Board a certificate of completion of progressive postgraduate training from the residency program where the applicant received training.

Sec. 43. NRS 633.328 is hereby amended to read as follows:

633.328 In addition to any other requirements set forth in this chapter, each applicant for a license , [to practice osteopathic medicine,] except a temporary or special license, [or each osteopathic physician’s assistant for whom an application to employ an osteopathic physician’s assistant is submitted to the Board] must submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

Sec. 44. NRS 633.371 is hereby amended to read as follows:

633.371 Every license to practice osteopathic medicine must be displayed in the office or place of business or employment of its holder.

Sec. 45. NRS 633.391 is hereby amended to read as follows:

633.391 1. The Board may issue a temporary license to practice osteopathic medicine in order to authorize a person who is qualified to practice osteopathic medicine in this State to serve as a substitute for [an] :

(a) A physician licensed pursuant to chapter 630 of NRS; or

(b) An osteopathic physician licensed pursuant to chapter 633 of NRS,

Ê who is absent from his practice.

2. Each applicant for such a license shall pay the temporary license fee specified in this chapter.

3. A temporary license to practice osteopathic medicine is valid for not more than 6 months after issuance and is not renewable.

Sec. 46. NRS 633.401 is hereby amended to read as follows:

633.401 1. Except as otherwise provided in NRS 633.315, the Board may issue a special license [:] to practice osteopathic medicine:

(a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his patients in association with an osteopathic physician in this State who has primary care of the patients.

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ê2007 Statutes of Nevada, Page 1837 (CHAPTER 413, SB 412)ê

(b) To a resident while he is enrolled in a postgraduate training program required pursuant to the provisions of paragraph (c) of subsection 4 of NRS 633.311.

(c) For a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.

2. A special license issued under this section may be renewed by the Board upon application of the licensee.

3. Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.

Sec. 47. NRS 633.411 is hereby amended to read as follows:

633.411 1. Except as otherwise provided in NRS 633.315, the Board may issue a special license to practice osteopathic medicine to a person qualified under this section to authorize him to serve:

(a) As a resident medical officer in any hospital in Nevada. A person issued such a license shall practice osteopathic medicine only within the confines of the hospital specified in the license and under the supervision of the regular medical staff of that hospital.

(b) As a professional employee of the State of Nevada or of the United States. A person issued such a license shall practice osteopathic medicine only within the scope of his employment and under the supervision of the appropriate state or federal medical agency.

2. An applicant for a special license under this section must:

(a) Be a graduate of a school of osteopathic medicine and have completed a hospital internship.

(b) Pay the special license fee specified in this chapter.

3. The Board shall not issue a license under subsection 1 unless it has received a letter from a hospital in Nevada or from the appropriate state or federal medical agency requesting issuance of the special license to the applicant.

4. A special license issued under this section:

(a) Must be issued at a meeting of the Board or between its meetings by its President and Secretary subject to approval at the next meeting of the Board.

(b) Is valid for a period not exceeding 1 year, as determined by the Board.

(c) May be renewed by the Board upon application and payment by the licensee of the special license renewal fee specified in this chapter.

(d) Does not entitle the licensee to engage in the private practice of osteopathic medicine.

5. The issuance of a special license under this section does not obligate the Board to grant any regular license to practice osteopathic medicine.

Sec. 48. NRS 633.421 is hereby amended to read as follows:

633.421 Each license to practice osteopathic medicine issued by the Board:

1. Shall bear a seal adopted by the Board and the signatures of its President and Secretary; and

2. Authorizes the holder to practice osteopathic medicine so long as it is kept in force by appropriate renewal and is not revoked or suspended.

Sec. 49. NRS 633.466 is hereby amended to read as follows:

633.466 1. [An osteopathic physician’s] A physician assistant may [, under his certificate,] be supervised by a physician licensed to practice medicine in this State pursuant to chapter 630 of NRS in place of his [employing] supervising osteopathic physician if:

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ê2007 Statutes of Nevada, Page 1838 (CHAPTER 413, SB 412)ê

medicine in this State pursuant to chapter 630 of NRS in place of his [employing] supervising osteopathic physician if:

(a) The [osteopathic physician’s] physician assistant works in a geographical area where he can be conveniently supervised only by such a physician; and

(b) The [osteopathic physician’s assistant remains in the employ of his employing osteopathic physician;

(c) The employing] supervising osteopathic physician and the physician licensed pursuant to chapter 630 of NRS agree to the arrangement . [; and]

[(d) The Board of Osteopathic Medicine and the Board of Medical Examiners approve it.]

2. [For the purposes of chapter 630 of NRS, an osteopathic physician’s] A physician assistant so supervised is not a [physician’s] physician assistant for the purposes of chapter 630 of NRS solely because of that supervision . [and continues to practice osteopathic medicine.]

3. The State Board of Osteopathic Medicine shall adopt jointly with the Board of Medical Examiners regulations necessary to administer the provisions of this section.

Sec. 50. NRS 633.471 is hereby amended to read as follows:

633.471 1. Except as otherwise provided in subsection 4 and [in] NRS 633.491, every holder of a license to practice osteopathic medicine issued under this chapter, except a temporary or a special license, may renew his license on or before January 1 of each calendar year after its issuance by:

(a) Applying for renewal on forms provided by the Board;

(b) Paying the annual license renewal fee specified in this chapter;

(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous year;

(d) Submitting an affidavit to the Board that in the year preceding the application for renewal he has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

(e) Submitting all information required to complete the renewal.

2. The Secretary of the Board shall notify each licensee of the practice of osteopathic medicine of the requirements for renewal not less than 30 days before the date of renewal.

3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license [.] to practice osteopathic medicine. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal he attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

4. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

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ê2007 Statutes of Nevada, Page 1839 (CHAPTER 413, SB 412)ê

Sec. 51. NRS 633.481 is hereby amended to read as follows:

633.481 1. Except as otherwise provided in subsection 2, if a licensee of the practice of osteopathic medicine fails to comply with the requirements of NRS 633.471 within 30 days after the renewal date, the Board shall give 30 days’ notice of failure to renew and of revocation of the license by certified mail to the licensee at his last address registered with the Board. If the license is not renewed before the expiration of the 30 days’ notice, the license is automatically revoked without any further notice or a hearing and the Board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

2. A licensee of the practice of osteopathic medicine who fails to meet the continuing education requirements for license renewal may apply to the Board for a waiver of the requirements. The Board may grant a waiver for that year only if it finds that the failure is due to the licensee’s disability, military service or absence from the United States, or to circumstances beyond the control of the licensee which are deemed by the Board to excuse the failure.

3. A person whose license is revoked under this section may apply to the Board for restoration of his license upon:

(a) Payment of all past due renewal fees and the late payment fee specified in this chapter;

(b) Producing verified evidence satisfactory to the Board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of revocation;

(c) Stating under oath in writing that he has not withheld information from the Board which if disclosed would furnish grounds for disciplinary action under this chapter; and

(d) Submitting all information required to complete the restoration of his license.

Sec. 52. NRS 633.491 is hereby amended to read as follows:

633.491 1. A licensee of the practice of osteopathic medicine who retires from [the practice of osteopathic medicine] such practice need not annually renew his license after he files with the Board an affidavit stating the date on which he retired from practice and such other facts to verify his retirement as the Board deems necessary.

2. A retired licensee of the practice of osteopathic medicine who desires to return to practice may apply to renew his license by paying all back annual license renewal fees from the date of retirement and submitting verified evidence satisfactory to the Board that he has attended continuing education courses or programs approved by the Board which total:

(a) Twenty-five hours if he has been retired 1 year or less.

(b) Fifty hours within 12 months of the date of the application if he has been retired for more than 1 year.

3. A licensee of the practice of osteopathic medicine who wishes to have his license placed on inactive status must provide the Board with an affidavit stating the date on which he will cease the practice of osteopathic medicine in Nevada and any other facts that the Board may require. The Board shall place the license of the licensee on inactive status upon receipt of:

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ê2007 Statutes of Nevada, Page 1840 (CHAPTER 413, SB 412)ê

(a) The affidavit required pursuant to this subsection; and

(b) Payment of the inactive license fee prescribed by NRS 633.501.

4. A licensee of the practice of osteopathic medicine whose license has been placed on inactive status:

(a) Need not annually renew his license.

(b) Shall annually pay the inactive license fee prescribed by NRS 633.501.

5. A licensee of the practice of osteopathic medicine whose license is on inactive status and who wishes to renew his license to practice osteopathic medicine must:

(a) Provide to the Board verified evidence satisfactory to the Board of completion of the total number of hours of continuing medical education required for:

(1) The year preceding the date of the application for renewal of the license to practice osteopathic medicine; and

(2) Each year succeeding the date the license was placed on inactive status.

(b) Provide to the Board an affidavit stating that the applicant has not withheld from the Board any information which would provide grounds for disciplinary action pursuant to this chapter.

Sec. 53. NRS 633.501 is hereby amended to read as follows:

633.501 The Board shall charge and collect fees not to exceed the following amounts:

1. Application and initial license fee for an osteopathic physician................................................ $800

2. Annual license renewal fee for an osteopathic physician.............................................................. 500

3. Temporary license fee........................................................................................................................... 500

4. Special license fee.................................................................................................................................. 200

5. Special license renewal fee................................................................................................................... 200

6. Reexamination fee................................................................................................................................ 200

7. Late payment fee.................................................................................................................................. 300

8. [For a certificate as an osteopathic physician’s] Application and initial license fee for a physician assistant.................................................................................................................................... [500] 400

9. [Renewal of a certificate as an osteopathic physician’s] Annual license renewal fee for a physician assistant.................................................................................................................................... [300] 400

10. [For an application to employ an osteopathic physician’s assistant......................................... 500

11.] Inactive license fee............................................................................................................................ 200

Sec. 54. NRS 633.524 is hereby amended to read as follows:

633.524 1. The Board shall require each holder of a license to practice osteopathic medicine issued pursuant to this chapter to submit annually to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report [:

[(1)] (a) At a medical facility as that term is defined in NRS 449.0151; or

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ê2007 Statutes of Nevada, Page 1841 (CHAPTER 413, SB 412)ê

[(2)] (b) Outside of this State . [; and

(b) Reporting]

2. In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice osteopathic medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any [such] surgery [.

2.] described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the Administrator of the Health Division of the Department of Health and Human Services for reporting information pursuant to NRS 439.835.

3. Each holder of a license to practice osteopathic medicine shall submit the report required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action [.] pursuant to NRS 633.511.

[3.] 4. The Board shall:

(a) Collect and maintain reports received pursuant to subsection 1; and

(b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access.

[4.] 5. A report received pursuant to subsection 1 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

[6.] 7. In addition to any other remedy or penalty, if a holder of a license to practice osteopathic medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice osteopathic medicine with notice and opportunity for a hearing, impose against the holder of a license an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license to practice osteopathic medicine. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

8. As used in this section:

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ê2007 Statutes of Nevada, Page 1842 (CHAPTER 413, SB 412)ê

Sec. 55. NRS 633.533 is hereby amended to read as follows:

633.533 1. Any person, medical school or medical facility that becomes aware that a person practicing osteopathic medicine in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

2. Any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in an osteopathic physician’s privileges to practice osteopathic medicine while the osteopathic physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the osteopathic physician concerning the care of a patient or the competency of the osteopathic physician within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

3. The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician or [osteopathic physician’s] physician assistant:

(a) Is mentally ill;

(b) Is mentally incompetent;

(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

(e) Is liable for damages for malpractice or negligence,

Ê within 45 days after such a finding, judgment or determination is made.

4. On or before January 15 of each year, the clerk of every court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding osteopathic physicians pursuant to paragraph (e) of subsection 3.

Sec. 56. NRS 633.711 is hereby amended to read as follows:

633.711 1. The Board through its President or Secretary or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing osteopathic medicine without a license to practice osteopathic medicine valid under this chapter.

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ê2007 Statutes of Nevada, Page 1843 (CHAPTER 413, SB 412)ê

for an injunction against any person practicing osteopathic medicine without a license to practice osteopathic medicine valid under this chapter.

2. Such an injunction:

(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

(b) Shall not relieve such person from criminal prosecution for practicing without such a license.

Sec. 57. NRS 633.721 is hereby amended to read as follows:

633.721 In a criminal complaint charging any person with practicing osteopathic medicine without a license [,] to practice osteopathic medicine, it is sufficient to charge that he did, upon a certain day, and in a certain county of this State, engage in the practice of osteopathic medicine without having a valid license to do so, without averring any further or more particular facts concerning the violation.

Sec. 58. NRS 633.741 is hereby amended to read as follows:

633.741 A person who:

1. Except as otherwise provided in NRS 629.091, practices osteopathic medicine:

(a) Without a license to practice osteopathic medicine valid under this chapter; or

(b) Beyond the limitations ordered upon his practice by the Board or the court;

2. Presents as his own the diploma, license or credentials of another;

3. Gives either false or forged evidence of any kind to the Board or any of its members in connection with an application for a license ; [or an application to employ an osteopathic physician’s assistant;]

4. Files for record the license issued to another, falsely claiming himself to be the person named in the license, or falsely claiming himself to be the person entitled to the license;

5. Practices osteopathic medicine under a false or assumed name or falsely personates another licensee of a like or different name;

6. Holds himself out as [an osteopathic physician’s] a physician assistant or who uses any other term indicating or implying that he is [an osteopathic physician’s] a physician assistant, unless he has been [approved] licensed by the Board [,] as provided in this chapter; or

7. [Employs] Supervises a person as [an osteopathic physician’s] a physician assistant before such [employment is approved] person is licensed as provided in this chapter,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Secs. 59-62. (Deleted by amendment.)

Sec. 63. Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 64 and 65 of this act.

Sec. 64. 1. The Board shall issue a special license as a dispensing optician to an applicant who:

(a) Is at least 18 years of age;

(b) Is of good moral character;

(d) Is a graduate of an accredited high school or its equivalent;

(e) Has passed the National Opticianry Competency Examination of the American Board of Opticianry;

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

ê2007 Statutes of Nevada, Page 1844 (CHAPTER 413, SB 412)ê

(f) Is currently certified by the American Board of Opticianry;

(g) Has passed the Contact Lens Registry Examination of the National Contact Lens Examiners;

(h) Is currently certified by the National Contact Lens Examiners;

(i) Has passed an examination, if one exists, which is based solely on the provisions of this chapter and chapter 637 of NAC and is administered by the Board; and

(j) Has either:

(1) An active license as a dispensing optician issued by the District of Columbia or any state or territory of the United States; or

(2) Not less than 5 years of experience as a dispensing optician.

2. A person practicing ophthalmic dispensing pursuant to a special license as provided in this section is subject to the provisions of this chapter in the same manner as a person practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the provisions of this chapter governing the renewal, inactivity or reactivation of a license.

Secs. 65-68. (Deleted by amendment.)

Sec. 69. NRS 639.0125 is hereby amended to read as follows:

639.0125 “Practitioner” means:

1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his profession in this State;

2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this State;

3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;

4. A physician assistant who:

(a) Holds a license issued by the Board of Medical Examiners; and

(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;

5. [An osteopathic physician’s] A physician assistant who:

(a) Holds a [certificate] license issued by the State Board of Osteopathic Medicine; and

(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS; or

6. An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.

Sec. 70. NRS 639.030 is hereby amended to read as follows:

639.030 1. The Governor shall appoint:

(a) Six members who are registered pharmacists in the State of Nevada, are actively engaged in the practice of pharmacy in the State of Nevada and have had at least 5 years’ experience as registered pharmacists preceding the appointment.

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