Senate Bill No. 453–Committee on Judiciary

(On Behalf of Legislative Commission)

March 17, 1999

____________

Referred to Committee on Judiciary

 

SUMMARY—Ratifies technical corrections made to NRS and Statutes of Nevada. (BDR S-815)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in and repealing certain provisions in Statutes of Nevada; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. 1. Sections 54 and 71 of chapter 245, Statutes of Nevada

1-2 1991, at pages 543 and 551, respectively, are hereby amended to read

1-3 respectively as follows:

1-4 Sec. 54. This chapter does not apply to common-interest

1-5 communities or units located outside this state, but the provisions

1-6 governing public offering statements (sections [106 to 113,] 109 to

1-7 116, inclusive, of this act) apply to all contracts for the disposition

1-8 thereof signed in this state by any party unless exempt under

1-9 subsection 2 of section 108 of this act.

1-10 Sec. 71. 1. Except in cases of amendments that may be

1-11 executed by a declarant under subsection 6 of section 63 of this act

1-12 or section 64 of this act , or by the association under section 40 [or

1-13 60,] of this act, subsection 4 of section 60 of this act, subsection 3

1-14 of section 62 [,] of this act, subsection 1 of section 66 of this act or

1-15 section 67 of this act, or by certain units’ owners under subsection 2

1-16 of section 62 [or] of this act, subsection 1 of section 66 of this act,

2-1 subsection 2 of section 67 of this act or subsection 2 of section 72

2-2 of this act, and except as limited by subsection 4, the declaration,

2-3 including any plats and plans, may be amended only by vote or

2-4 agreement of units’ owners of units to which at least a majority of

2-5 the votes in the association are allocated, or any larger majority the

2-6 declaration specifies. The declaration may specify a smaller number

2-7 only if all of the units are restricted exclusively to nonresidential

2-8 use.

2-9 2. No action to challenge the validity of an amendment adopted

2-10 by the association pursuant to this section may be brought more

2-11 than 1 year after the amendment is recorded.

2-12 3. Every amendment to the declaration must be recorded in

2-13 every county in which any portion of the common-interest

2-14 community is located and is effective only upon recordation. An

2-15 amendment, except an amendment pursuant to section 66 of this act,

2-16 must be indexed in the grantee’s index in the name of the common-

2-17 interest community and the association and in the grantor’s index in

2-18 the name of the parties executing the amendment.

2-19 4. Except to the extent expressly permitted or required by other

2-20 provisions of this chapter, no amendment may create or increase

2-21 special declarant’s rights, increase the number of units, change the

2-22 boundaries of any unit, change the allocated interests of a unit or

2-23 change the uses to which any unit is restricted, in the absence of

2-24 unanimous consent of the units’ owners affected and the consent of

2-25 a majority of the owners of the remaining units.

2-26 5. Amendments to the declaration required by this chapter to be

2-27 recorded by the association must be prepared, executed, recorded

2-28 and certified on behalf of the association by any officer of the

2-29 association designated for that purpose or, in the absence of

2-30 designation, by the president of the association.

2-31 2. Chapter 245, Statutes of Nevada 1991, at page 587, is hereby

2-32 amended by adding thereto a new section to be designated as section 140.7,

2-33 immediately following section 140.5, to read as follows:

2-34 Sec. 140.7. Section 25 of chapter 573, Statutes of Nevada

2-35 1993, at page 2362, is hereby amended to read as follows:

2-36 Sec. 25. NRS 116.2117 is hereby amended to read as

2-37 follows:

2-38 116.2117 1. Except in cases of amendments that may be

2-39 executed by a declarant under subsection 6 of NRS 116.2109 or

2-40 NRS 116.211, or by the association under NRS 116.1107,

2-41 subsection 4 of NRS 116.2106, subsection 3 of NRS 116.2108,

2-42 subsection 1 of NRS 116.2112 or NRS 116.2113, or by certain

2-43 units’ owners under subsection 2 of NRS 116.2108, subsection 1

3-1 of NRS 116.2112, subsection 2 of NRS 116.2113 or subsection 2

3-2 of NRS 116.2118, and except as limited by subsection 4, the

3-3 declaration, including any plats and plans, may be amended only

3-4 by vote or agreement of units’ owners of units to which at least a

3-5 majority of the votes in the association are allocated, or any

3-6 larger majority the declaration specifies. The declaration may

3-7 specify a smaller number only if all of the units are restricted

3-8 exclusively to nonresidential use.

3-9 2. No action to challenge the validity of an amendment

3-10 adopted by the association pursuant to this section may be

3-11 brought more than 1 year after the amendment is recorded.

3-12 3. Every amendment to the declaration must be recorded in

3-13 every county in which any portion of the common-interest

3-14 community is located and is effective only upon recordation. An

3-15 amendment, except an amendment pursuant to NRS 116.2112,

3-16 must be indexed in the grantee’s index in the name of the

3-17 common-interest community and the association and in the

3-18 grantor’s index in the name of the parties executing the

3-19 amendment.

3-20 4. Except to the extent expressly permitted or required by

3-21 other provisions of this chapter, no amendment may [create or

3-22 increase special declarant’s rights, increase the number of units,]

3-23 change the boundaries of any unit, [change] the allocated

3-24 interests of a unit or [change] the uses to which any unit is

3-25 restricted, in the absence of unanimous consent of the units’

3-26 owners affected and the consent of a majority of the owners of

3-27 the remaining units.

3-28 5. Amendments to the declaration required by this chapter to

3-29 be recorded by the association must be prepared, executed,

3-30 recorded and certified on behalf of the association by any officer

3-31 of the association designated for that purpose or, in the absence

3-32 of designation, by the president of the association.

3-33 Sec. 2. Section 8 of chapter 9, Statutes of Nevada 1997, at page 9, is

3-34 hereby amended to read as follows:

3-35 Sec. 8. NRS 205.380 is hereby amended to read as follows:

3-36 205.380 1. A person who knowingly and designedly by any

3-37 false pretense obtains from any other person any chose in action,

3-38 money, goods, wares, chattels, effects or other valuable thing,

3-39 including rent or the labor of another person not his employee, with

3-40 the intent to cheat or defraud the other person, is a cheat, and,

3-41 unless otherwise prescribed by law, shall be punished:

3-42 (a) If the value of the thing or labor fraudulently obtained was

3-43 $250 or more, for a category B felony by imprisonment in the state

4-1 prison for a minimum term of not less than 1 year and a maximum

4-2 term of not more than 6 years, or by a fine of not more than

4-3 $10,000, or by both fine and imprisonment. In addition to any other

4-4 penalty, the court shall order the person to pay restitution.

4-5 (b) If the value of the thing or labor fraudulently obtained was

4-6 less than $250, for a misdemeanor, and must be sentenced to restore

4-7 the property fraudulently obtained, if it can be done, or tender

4-8 payment for rent or labor.

4-9 2. For the purposes of this section, it is prima facie evidence of

4-10 an intent to defraud if the drawer of a check or other instrument

4-11 given in payment for:

4-12 (a) Property which can be returned in the same condition in

4-13 which it was originally received;

4-14 (b) Rent; or

4-15 (c) Labor performed in a workmanlike manner whenever a

4-16 written estimate was furnished before the labor was performed and

4-17 the actual cost of the labor does not exceed the estimate,

4-18 stops payment on that instrument and fails to return or offer to

4-19 return the property in that condition, or to specify in what way the

4-20 labor was deficient within 5 days after receiving notice from the

4-21 payee that the instrument has not been paid by the drawee.

4-22 3. The notice must be sent to the drawer by certified mail,

4-23 return receipt requested, at the address shown on the instrument.

4-24 The notice must include a statement of the penalties set forth in this

4-25 section. Return of the notice because of nondelivery to the drawer

4-26 raises a rebuttable presumption of the intent to defraud.

4-27 4. A notice in boldface type clearly legible and in substantially

4-28 the following form must be posted in a conspicuous place in every

4-29 principal and branch office of every bank and in every place of

4-30 business in which retail selling is conducted or labor is performed

4-31 for the public and must be furnished in written form by a landlord to

4-32 a tenant:

4-33 The stopping of payment on a check or other instrument

4-34 given in payment for property which can be returned in the

4-35 same condition in which it was originally received, rent or

4-36 labor which was completed in a workmanlike manner, and the

4-37 failure to return or offer to return the property in that condition

4-38 or to specify in what way the labor was deficient within 5 days

4-39 after receiving notice of nonpayment is punishable:

4-40 1. If the value of the property, rent or labor fraudulently

4-41 obtained was $250 or more, as a category B felony by

4-42 imprisonment in the state prison for a minimum term of not

5-1 less than 1 year [nor] and a maximum term of not more than

5-2 [10] 6 years, or by a fine of not more than $10,000, or by both

5-3 fine and imprisonment.

5-4 2. If the value of the property, rent or labor so fraudulently

5-5 obtained was less than $250, as a misdemeanor by

5-6 imprisonment in the county jail for not more than 6 months, or

5-7 by a fine of not more than $1,000, or by both fine and

5-8 imprisonment.

5-9 The notice must be prepared and copies thereof supplied on demand

5-10 by the superintendent of the state printing [and micrographics]

5-11 division of the department of administration, who may charge a fee

5-12 based on the cost for each copy of the notice supplied to any

5-13 person.

5-14 Sec. 3. Section 1 of chapter 21, Statutes of Nevada 1997, at page 58,

5-15 is hereby amended to read as follows:

5-16 Section 1. NRS 277.185 is hereby amended to read as follows:

5-17 277.185 1. The agencies of this state, and the local

5-18 governments within this state, that collect taxes or fees from persons

5-19 engaged in business, or require such persons to provide related

5-20 information and forms, shall coordinate their collection of

5-21 information and forms so that each enterprise is required to furnish

5-22 information in as few separate reports as possible. This section

5-23 applies specifically, but is not limited, to the department of taxation,

5-24 the employment security division of the department of employment,

5-25 training and rehabilitation, the state department of conservation and

5-26 natural resources, the state industrial insurance system, and the

5-27 counties and cities that require a business license.

5-28 2. On or before October 1 of each year, the executive director

5-29 of the department of taxation shall convene the heads, or persons

5-30 designated by the respective heads, of the state agencies named in

5-31 subsection 1 and the appropriate officers of the cities and counties

5-32 that require a business license. The secretary of state, a

5-33 representative of the Nevada Association of Counties and a

5-34 representative of the Nevada League of Cities must be invited to

5-35 attend the meeting. If he knows, or is made aware by persuasive

5-36 information furnished by any enterprise required to pay a tax or fee

5-37 or to provide information, that any other state or local agency needs

5-38 to participate to accomplish the purpose set forth in subsection 1, he

5-39 shall also invite the head of that agency or the appropriate officer of

5-40 the local government, and the person so invited shall attend. The

6-1 director of the department of information technology shall assist in

6-2 effecting the consolidation of the information and the creation of the

6-3 forms.

6-4 3. The persons so assembled shall design and modify, as

6-5 appropriate, the necessary joint forms for use during the ensuing

6-6 fiscal year to accomplish the purpose set forth in subsection 1. If

6-7 any dispute cannot be resolved by the participants, it must be

6-8 referred to the Nevada tax commission for a decision that is binding

6-9 on all parties.

6-10 4. On or before February 15 of each year, the executive

6-11 director of the department of taxation shall submit a report to the

6-12 director of the legislative counsel bureau for presentation to the

6-13 legislature. The report must include a summary of the annual

6-14 meeting held during the immediately preceding year and any

6-15 recommendations for proposed legislation.

6-16 5. The provisions of chapter 241 of NRS apply to a meeting

6-17 held pursuant to this section. The executive director of the

6-18 department of taxation shall provide members of the staff of the

6-19 department of taxation to assist in complying with the

6-20 requirements of chapter 241 of NRS.

6-21 Sec. 4. 1. Section 28 of chapter 66, Statutes of Nevada 1997, at page

6-22 129, is hereby amended to read as follows:

6-23 Sec. 28. 1. This section and sections 1 to 27, inclusive, of

6-24 this act [becomes] become effective upon passage and approval.

6-25 2. Section 27.1 of this act becomes effective on June 27, 1997.

6-26 2. Chapter 66, Statutes of Nevada 1997, at page 129, is hereby

6-27 amended by adding thereto a new section to be designated as section 27.1,

6-28 immediately following section 27, to read as follows:

6-29 Sec. 27.1. Section 17.3 of chapter 587, Statutes of Nevada

6-30 1995, at page 2124, is hereby amended to read as follows:

6-31 Sec. 17.3. 1. There is hereby established as a special

6-32 revenue fund in the state treasury the subsequent injury fund

6-33 for private carriers, which may be used only to make payments

6-34 in accordance with the provisions of sections 17.5 and 17.7 of

6-35 this act. The administrator shall administer the fund.

6-36 2. All assessments, penalties, bonds, securities and all other

6-37 properties received, collected or acquired by the administrator

6-38 for the subsequent injury fund for private carriers must be

6-39 delivered to the custody of the state treasurer.

6-40 3. All money and securities in the fund must be held by the

6-41 state treasurer as custodian thereof to be used solely for

6-42 workers’ compensation for employees whose employers are

6-43 insured by private carriers.

7-1 4. The state treasurer may disburse money from the fund

7-2 only upon written order of the state controller.

7-3 5. The state treasurer shall invest money of the fund in the

7-4 same manner and in the same securities in which he is

7-5 authorized to invest state general funds which are in his

7-6 custody. Income realized from the investment of the assets of

7-7 the fund must be credited to the fund.

7-8 6. The administrator shall adopt regulations for the

7-9 establishment and administration of assessment rates,

7-10 payments and penalties. Assessment rates must reflect the

7-11 relative hazard of the employments covered by private carriers

7-12 and must be based upon expected annual expenditures for

7-13 claims for payments from the subsequent injury fund for

7-14 private carriers. The system must not be required to pay any

7-15 assessments, payments or penalties into the subsequent injury

7-16 fund for private carriers, or any costs associated with the fund.

7-17 7. The commissioner shall assign an actuary to review the

7-18 establishment of assessment rates. The rates must be filed with

7-19 the commissioner 30 days before their effective date. Any

7-20 private carrier who wishes to appeal the rate so filed must do so

7-21 pursuant to NRS 679B.310.

7-22 Sec. 5. Section 18 of chapter 106, Statutes of Nevada 1997, at page

7-23 208, is hereby amended to read as follows:

7-24 Sec. 18. Section 1 of Assembly Bill No. 105 of this session is

7-25 hereby amended to read as follows:

7-26 Section 1. Chapter 623 of NRS is hereby amended by

7-27 adding thereto a new section to read as follows:

7-28 The board may, by regulation, require each architect,

7-29 registered interior designer or residential designer who holds a

7-30 certificate of registration pursuant to the provisions of this

7-31 chapter to complete not more than 12 hours per year of

7-32 continuing education as a condition to the renewal of his

7-33 certificate.

7-34 Sec. 6. Sections 1, 2 and 4 of chapter 133, Statutes of Nevada 1997, at

7-35 pages 285, 286 and 287, respectively, are hereby amended to read

7-36 respectively as follows:

7-37 Section 1. Section 53 of chapter 580, Statutes of Nevada 1995,

7-38 at page 2010, is hereby amended to read as follows:

7-39 Sec. 53. NRS 616A.465 is hereby amended to read as

7-40 follows:

7-41 616A.465 1. Except as otherwise provided in this section,

7-42 the division shall [regulate insurers under] :

8-1 (a) Regulate insurers pursuant to chapters 616A to 617,

8-2 inclusive, of NRS [and investigate] ; and

8-3 (b) Investigate insurers regarding compliance with statutes

8-4 and the division’s regulations.

8-5 2. The commissioner is responsible for reviewing rates,

8-6 investigating the solvency of insurers , authorizing private

8-7 carriers pursuant to chapter 680A of NRS and certifying [self-

8-8 insured employers, associations of self-insured public or private

8-9 employers and third-party administrators] :

8-10 (a) Self-insured employers pursuant to NRS 616B.300 to

8-11 616B.330, inclusive, and 616B.336 [,] ;

8-12 (b) Associations of self-insured public or private employers

8-13 pursuant to NRS 616B.350 to 616B.446, inclusive ; [,] and

8-14 (c) Third-party administrators pursuant to chapter 683A of

8-15 NRS.

8-16 3. The department of administration is responsible for

8-17 contested claims relating to [workers’ compensation] industrial

8-18 insurance pursuant to NRS 616C.310 to 616C.385, inclusive.

8-19 The [system] administrator is responsible for administrative

8-20 appeals pursuant to NRS 616B.215.

8-21 4. The Nevada attorney for injured workers is responsible for

8-22 legal representation of claimants pursuant to NRS 616A.435 to

8-23 616A.460, inclusive, and 616D.120.

8-24 5. The division is responsible for the investigation of

8-25 complaints. If a complaint is filed with the division, the

8-26 administrator shall cause to be conducted an investigation which

8-27 includes a review of relevant records and interviews of affected

8-28 persons. If the administrator determines that a violation may have

8-29 occurred, the administrator shall proceed in accordance with the

8-30 provisions of NRS 616D.120 and 616D.130.

8-31 Sec. 2. Section 14 of chapter 580, Statutes of Nevada 1995, at

8-32 page 2001, is hereby amended to read as follows:

8-33 Sec. 14. 1. Before a private carrier may provide

8-34 industrial insurance pursuant to chapters 616A to 617,

8-35 inclusive, of NRS, the private carrier must be authorized by the

8-36 commissioner pursuant to chapter 680A of NRS and maintain

8-37 such security of the kind described in NRS 680A.120 and

8-38 680A.140 as may be required.

8-39 2. A private carrier shall not provide industrial insurance

8-40 pursuant to chapters 616A to 617, inclusive, of NRS as an

8-41 unauthorized insurer pursuant to subsection 9 of NRS

8-42 680A.070.

9-1 Sec. 4. 1. This section and sections 1 and 2 of this act

9-2 become effective on October 1, 1997.

9-3 2. Section 3 of this act becomes effective [at 12:01 a.m.] on

9-4 July 1, 1999.

9-5 Sec. 7. Chapter 143, Statutes of Nevada 1997, at page 324, is hereby

9-6 amended by adding thereto a new section to be designated as section 15,

9-7 immediately following section 14, to read as follows:

9-8 Sec. 15. NRS 706.541 is hereby amended to read as follows:

9-9 706.541 1. Any person who elects to purchase a temporary

9-10 permit pursuant to NRS 706.521 in lieu of causing a vehicle to be

9-11 licensed pursuant to the provisions of NRS [366.220,] 482.482 or

9-12 706.481 shall secure a permit from a vendor authorized to issue

9-13 those permits pursuant to NRS 481.051.

9-14 2. If the person will not pass a vendor along his scheduled

9-15 route, he shall secure the permit:

9-16 (a) Before entering this state; or

9-17 (b) From the nearest available vendor to his point of entry into

9-18 this state.

9-19 3. If the person will pass a vendor along his scheduled route, he

9-20 shall secure the permit from the first vendor located along that

9-21 route.

9-22 Sec. 8. Section 18 of chapter 150, Statutes of Nevada 1997, at page

9-23 344, is hereby amended to read as follows:

9-24 Sec. 18. NRS 205.275 is hereby amended to read as follows:

9-25 205.275 1. A person [who,] commits an offense involving

9-26 stolen property if the person, for his own gain [,] or to prevent the

9-27 owner from again possessing his property, buys, receives, possesses

9-28 or withholds [stolen goods, or anything the stealing of which is

9-29 declared to be larceny, or property obtained by robbery, burglary or

9-30 embezzlement:] property:

9-31 (a) Knowing that [the goods or property were so obtained; or] it

9-32 is stolen property; or

9-33 (b) Under such circumstances as should have caused a

9-34 reasonable person to know that [the goods or property were so

9-35 obtained,

9-36 is guilty of a category B felony and shall be punished by

9-37 imprisonment in the state prison for a minimum term of not less

9-38 than 1 year and a maximum term of not more than 10 years, or by a

9-39 fine of not more than $10,000, or by both fine and imprisonment.

9-40 Every such person may be tried, convicted and punished as well

9-41 before as after the trial of the principal.] it is stolen property.

9-42 2. A person who commits an offense involving stolen property

9-43 in violation of subsection 1:

10-1 (a) If the value of the property is less than $250, is guilty of a

10-2 misdemeanor;

10-3 (b) If the value of the property is $250 or more but less than

10-4 $2,500, is guilty of a category C felony and shall be punished as

10-5 provided in NRS 193.130; or

10-6 (c) If the value of the property is $2,500 or more or if the

10-7 property is a firearm, is guilty of a category B felony and shall be

10-8 punished by imprisonment in the state prison for a minimum term

10-9 of not less than 1 year and a maximum term of not more than 10

10-10 years, and by a fine of not more than $10,000.

10-11 3. In addition to any other penalty, the court shall order the

10-12 person to pay restitution.

10-13 [2.] 4. A person may be prosecuted and convicted pursuant to

10-14 this section whether or not the principal is or has been prosecuted

10-15 or convicted.

10-16 5. Possession by any person of three or more items of the same

10-17 or a similar class or type of personal property on which a

10-18 permanently affixed manufacturer’s serial number or

10-19 manufacturer’s identification number has been removed, altered or

10-20 defaced, is prima facie evidence that the person has violated this

10-21 section.

10-22 [3. Except as otherwise provided in subsection 4, a person

10-23 convicted of the offense specified in this section must not be

10-24 condemned to imprisonment in the state prison, unless the thing

10-25 bought, received, possessed or withheld has a value of $250 or

10-26 more, but the person shall be punished as provided in cases of petit

10-27 larceny.

10-28 4. If the thing bought, received, possessed or withheld is a

10-29 firearm, regardless of its value, the person convicted of the offense

10-30 specified in this section is guilty of a category B felony and shall be

10-31 punished by imprisonment in the state prison for a minimum term of

10-32 not less than 1 year and a maximum term of not more than 10 years,

10-33 and by a fine of not more than $10,000.]

10-34 6. For the purposes of this section, the value of the property

10-35 involved shall be deemed to be the highest value attributable to

10-36 the property by any reasonable standard.

10-37 7. As used in this section, "stolen property" means property

10-38 that has been taken from its owner by larceny, robbery, burglary,

10-39 embezzlement, theft or any other offense that is a crime against

10-40 property, whether or not the person who committed the taking is

10-41 or has been prosecuted or convicted for the offense.

11-1 Sec. 9. Section 62 of chapter 157, Statutes of Nevada 1997, at page

11-2 394, is hereby amended to read as follows:

11-3 Sec. 62. NRS 104.8206 is hereby amended to read as follows:

11-4 104.8206 1. If a [certificated] security certificate contains the

11-5 signatures necessary to its issue or transfer but is incomplete in any

11-6 other respect:

11-7 (a) Any person may complete it by filling in the blanks as

11-8 authorized; and

11-9 (b) Even though the blanks are incorrectly filled in, the security

11-10 certificate as completed is enforceable by a purchaser who took it

11-11 for value and without notice of the incorrectness.

11-12 2. A complete [certificated] security certificate that has been

11-13 improperly altered, even though fraudulently, remains enforceable,

11-14 but only according to its original terms.

11-15 [3. If an initial transaction statement contains the signatures

11-16 necessary to its validity but is incomplete in any other respect:

11-17 (a) Any person may complete it by filling in the blanks as

11-18 authorized; and

11-19 (b) Even though the blanks are incorrectly filled in, the statement

11-20 as completed is effective in favor of the person to whom it is sent if

11-21 he purchased the security referred to therein for value and without

11-22 notice of the incorrectness.

11-23 4. A complete initial transaction statement that has been

11-24 improperly altered, even though fraudulently, is effective in favor of

11-25 a purchaser to whom it has been sent but only according to its

11-26 original terms.]

11-27 Sec. 10. Section 1 of chapter 182, Statutes of Nevada 1997, at page

11-28 472, is hereby amended to read as follows:

11-29 Section 1. NRS 14.030 is hereby amended to read as follows:

11-30 14.030 1. If any such company, association or municipal

11-31 corporation [shall fail] fails to appoint [such] a resident agent, or

11-32 [fail] fails to file [such] a certificate of acceptance of appointment

11-33 for 30 days after a vacancy occurs in such agency, on the

11-34 production of a certificate of the secretary of state showing either

11-35 fact, which certificate [shall be] is conclusive evidence of the fact so

11-36 certified to be made a part of the return of service, [it shall be

11-37 lawful to serve such] the company, association or municipal

11-38 corporation may be served with any and all legal process by

11-39 delivering a copy to the secretary of state, or, in his absence, to any

11-40 [duly appointed and acting] deputy secretary of state, and such

11-41 service [shall be] is valid to all intents and purposes. The copy

11-42 must:

12-1 (a) Include a specific citation to the provisions of this section.

12-2 The secretary of state may refuse to accept such service if the

12-3 proper citation is not included.

12-4 (b) Be accompanied by a fee of $10.

12-5 The secretary of state shall keep a copy of the legal process

12-6 received pursuant to this section in his office for at least 1 year

12-7 after receipt thereof and shall make those records available for

12-8 public inspection during normal business hours.

12-9 2. In all cases of such service , the defendant [shall have] has

12-10 40 days , [(] exclusive of the day of service , [)] within which to

12-11 answer or plead.

12-12 3. Before such service [shall be] is authorized, the plaintiff

12-13 shall make or cause to be made and filed an affidavit setting forth

12-14 the facts, showing that due diligence has been used to ascertain the

12-15 whereabouts of the officers of such company, association or

12-16 municipal corporation, and the facts showing that direct or personal

12-17 service on, or notice to, such company, association or municipal

12-18 corporation cannot be had.

12-19 4. If it [shall appear from such] appears from the affidavit that

12-20 there is a last known address of such company, association or

12-21 municipal corporation, or any known officers thereof, the plaintiff

12-22 shall, in addition to and after such service on the secretary of state,

12-23 mail or cause to be mailed to such company, association or

12-24 municipal corporation, or to [such] the known officer, at such

12-25 address, by registered or certified mail, a copy of the summons and

12-26 a copy of the complaint, and in all such cases the defendant [shall

12-27 have] has 40 days [from] after the date of [such] the mailing within

12-28 which to appear in the action.

12-29 5. This section [shall be construed as giving] provides an

12-30 additional [mode and] manner of serving process, and [as not

12-31 affecting] does not affect the validity of any other valid service.

12-32 Sec. 11. Sections 20 and 41 of chapter 203, Statutes of Nevada 1997,

12-33 at pages 536 and 593, respectively, are hereby amended to read

12-34 respectively as follows:

12-35 Sec. 20. Sections 11, 15, 18, 22 and 25 of chapter 501,

12-36 Statutes of Nevada 1995, at pages 1652, 1655 and 1658, are hereby

12-37 amended to read respectively as follows:

12-38 Sec. 11. NRS 632.320 is hereby amended to read as follows:

12-39 632.320 The board may deny, revoke or suspend any license

12-40 or certificate applied for or issued pursuant to this chapter, or

12-41 take other disciplinary action against a licensee [,] or holder of a

12-42 certificate, upon determining that he:

13-1 1. Is guilty of fraud or deceit in procuring or attempting to

13-2 procure a license or certificate pursuant to this chapter.

13-3 2. Is guilty of a felony or any offense [involving] :

13-4 (a) Involving moral turpitude [,] ; or

13-5 (b) Related to the qualifications, functions or duties of a

13-6 licensee or holder of a certificate,

13-7 in which case the record of conviction is conclusive evidence

13-8 thereof.

13-9 3. Has been convicted of violating any of the provisions of

13-10 NRS 616.630, 616.635, 616.640 or 616.675 to 616.700,

13-11 inclusive.

13-12 4. Is unfit or incompetent by reason of gross negligence or

13-13 recklessness in carrying out usual nursing functions.

13-14 5. [Is habitually intemperate or is addicted to the use of any

13-15 controlled substance.] Uses any controlled substance, dangerous

13-16 drug as defined in chapter 454 of NRS, or intoxicating liquor to

13-17 an extent or in a manner which is dangerous or injurious to

13-18 any other person or which impairs his ability to conduct the

13-19 practice authorized by his license or certificate.

13-20 6. Is mentally incompetent.

13-21 7. Is guilty of unprofessional conduct, which includes , but is

13-22 not limited to , the following:

13-23 (a) Conviction of practicing medicine without a license in

13-24 violation of chapter 630 of NRS, in which case the record of

13-25 conviction is conclusive evidence thereof.

13-26 (b) [Procuring, or aiding, abetting, attempting, agreeing or

13-27 offering to procure or assist at, a criminal abortion.

13-28 (c)] Impersonating any applicant or acting as proxy for an

13-29 applicant in any examination required pursuant to this chapter for

13-30 the issuance of a license [.

13-31 (d)] or certificate.

13-32 (c) Impersonating another licensed practitioner [.

13-33 (e)] or holder of a certificate.

13-34 (d) Permitting or allowing another person to use his license or

13-35 certificate [for the purpose of nursing the sick or afflicted.

13-36 (f)] to practice as a licensed practical nurse, registered nurse

13-37 or nursing assistant.

13-38 (e) Repeated malpractice, which may be evidenced by claims

13-39 of malpractice settled against him.

13-40 (f) Physical, verbal or psychological abuse of a patient.

13-41 (g) Conviction for the use or unlawful possession of a

13-42 controlled substance or dangerous drug as defined in chapter

13-43 454 of NRS.

14-1 8. Has willfully or repeatedly violated the provisions of this

14-2 chapter. The voluntary surrender of a license or certificate issued

14-3 pursuant to this chapter is prima facie evidence that the licensee

14-4 or certificate holder has committed or expects to commit a

14-5 violation of this chapter.

14-6 9. Is guilty of aiding or abetting [anyone] any person in a

14-7 violation of this chapter.

14-8 10. Has falsified an entry on a patient’s medical chart

14-9 concerning a controlled substance.

14-10 11. Has falsified information which was given to a physician,

14-11 pharmacist , podiatric physician or dentist to obtain a controlled

14-12 substance.

14-13 12. Has [had] been disciplined in another state in

14-14 connection with a license to practice nursing [suspended or

14-15 revoked in another jurisdiction. A certified copy of the order of

14-16 suspension or revocation is prima facie evidence of the

14-17 suspension or revocation.] or a certificate to practice as a

14-18 nursing assistant or has committed an act in another state

14-19 which would constitute a violation of this chapter.

14-20 13. Has engaged in conduct likely to deceive, defraud or

14-21 endanger a patient or the general public.

14-22 14. Has willfully failed to comply with a regulation,

14-23 subpoena or order of the board.

14-24 For the purposes of this section, a plea or verdict of guilty or

14-25 guilty but mentally ill or a plea of nolo contendere constitutes a

14-26 conviction of an offense. The board may take disciplinary

14-27 action pending the appeal of a conviction.

14-28 Sec. 15. NRS 632.3425 is hereby amended to read as

14-29 follows:

14-30 632.3425 A suspended license or certificate is subject to

14-31 expiration and must be renewed as provided in NRS 632.341 or

14-32 632.342. Renewal does not entitle the licensee or nursing

14-33 assistant to engage in activity which requires licensure or

14-34 certification until the completion of the suspension.

14-35 Sec. 18. NRS 632.400 is hereby amended to read as follows:

14-36 632.400 1. The board shall render a decision on any

14-37 complaint within 60 days after the final hearing thereon. For the

14-38 purposes of this subsection, the final hearing on a matter

14-39 delegated to a hearing officer pursuant to NRS 632.355 is the

14-40 final hearing conducted by the hearing officer unless the board

14-41 conducts a hearing with regard to the complaint.

14-42 2. The board shall [give immediate notice in writing of the

14-43 ruling or decision to:

15-1 (a) The applicant, licensee or holder of the certificate affected

15-2 thereby.

15-3 (b) The party or parties by whom the complaint was
15-4 made where the investigation or hearing was instituted by a

15-5 complaint.

15-6 Written notice must be given by registered or certified mail

15-7 addressed to the last known address of the applicant, licensee or

15-8 holder of the certificate and party by whom the complaint was

15-9 made.

15-10 3. If the ruling is to the prejudice of, or injuriously affects,

15-11 the licensee or holder of the certificate, the board shall also state

15-12 in the notice the date upon which the ruling or the decision

15-13 becomes effective, which date must not be less than 30 days from

15-14 and after the date of the notice.

15-15 4. The decision of the board does not take effect until 30

15-16 days after its date, and if notice of appeal and a demand for the

15-17 transcript are served upon the board in accordance with the

15-18 provisions of this chapter, then the stay remains in force and

15-19 effect until the decision of the district court after hearing the

15-20 appeal. If the aggrieved party fails to perfect his appeal, the stay

15-21 automatically terminates.] notify the person of its decision in

15-22 writing by certified mail, return receipt requested. The decision

15-23 of the board becomes effective on the date the person receives

15-24 the notice or on the date the board receives a notice from the

15-25 United States Postal Service stating that the person refused to

15-26 accept delivery or could not be located.

15-27 Sec. 22. 1. NRS 632.075, 632.260, [632.323,] 632.370

15-28 and 632.420 are hereby repealed.

15-29 2. NRS 632.323 is hereby repealed.

15-30 Sec. 25. Sections 11, 14 and 21 and subsection 2 of section

15-31 22 of this act become effective at 12:01 a.m. on October 1, 1995.

15-32 Sec. 41. 1. Sections 7, 28, [130.2,] 137, 147 and 155 of

15-33 chapter 587, Statutes of Nevada 1995, at pages 2123, 2125, [2165,]

15-34 2168 and 2170, are hereby amended to read respectively as follows:

15-35 Sec. 7. In addition to the authority given the manager to

15-36 determine and fix premium rates of employers pursuant to NRS

15-37 616.395 to 616.405, inclusive, the manager may by regulation

15-38 establish a plan for classifying employers insured by the system

15-39 who, because of the risks inherent in the businesses in which

15-40 the employers are engaged, are reasonably likely to incur a

15-41 greater number of claims for compensation pursuant to this

16-1 chapter or chapter 617 of NRS. Upon establishing such a plan,

16-2 the manager may, with the approval of the commissioner,

16-3 determine and fix the premium rates of those employers.

16-4 Sec. 28. 1. The members of the board may meet

16-5 throughout each year at the times and places specified by a call

16-6 of the chairman or a majority of the board. The board may

16-7 prescribe rules and regulations for its own management and

16-8 government. Three members of the board constitute a quorum,

16-9 and a quorum may exercise all the power and authority

16-10 conferred on the board. If a member of the board submits a

16-11 claim against the subsequent injury fund for associations of

16-12 self-insured public or private employers, that member shall not

16-13 vote on or otherwise participate in the decision of the board

16-14 concerning that claim.

16-15 2. The board shall administer the subsequent injury fund

16-16 for associations of self-insured public or private employers in

16-17 accordance with the provisions of sections 29, 30 and 31 of this

16-18 act.

16-19 Sec. 137. Section [4 of chapter 22, Statutes of Nevada 1993,

16-20 at page 43, is hereby amended to read as follows:] 26 of chapter

16-21 587, Statutes of Nevada 1993, at page 2457, is hereby amended

16-22 to read as follows:

16-23 Sec. 26. Section 284.5 of Senate Bill No. 316 of this

16-24 session is hereby amended to read as follows:

16-25 Sec. 284.5. Section 4 of Assembly Bill No. 342 of this

16-26 session is hereby amended to read as follows:

16-27 Sec. 4. NRS 616.400 is hereby amended to read as

16-28 follows:

16-29 616.400 1. Every employer insured by the system

16-30 shall, at intervals established by the manager, furnish the

16-31 system with a true and accurate payroll showing:

16-32 (a) The total amount paid to employees for services

16-33 performed;

16-34 (b) The amount of tips reported to him by every

16-35 employee pursuant to 26 U.S.C. § 6053(a), whose tips in

16-36 cash totaled $20 or more; and

16-37 (c) A segregation of employment in accordance with

16-38 the requirements of the system,

16-39 together with the premium due thereon. The payroll and

16-40 premium must be furnished to the system on or before the

16-41 date established by the manager for the receipt of the

16-42 payroll and premium.

17-1 2. In determining the total amount paid to employees

17-2 by each employer for services performed during a

17-3 calendar year, the maximum amount paid by each

17-4 employer to any one employee during the calendar year

17-5 shall be deemed to be [:

17-6 (a) For the period beginning October 1, 1992, and

17-7 ending December 31, 1992, the first $27,000 paid to the

17-8 employee during the calendar year of 1992.

17-9 (b) For the period beginning January 1, 1993, and

17-10 ending December 31, 1993, the first $27,000 paid to the

17-11 employee.

17-12 (c) For the period beginning January 1, 1994, and

17-13 ending December 31, 1994, the first $30,000 paid to the

17-14 employee.

17-15 (d) For the period beginning January 1, 1995, and

17-16 ending December 31, 1995,] the first [$33,000] $36,000

17-17 paid to the employee [.] during the calendar year.

17-18 3. Except as otherwise provided in this subsection,

17-19 any employer by agreement in writing with the manager

17-20 may arrange for the payment of premiums in advance for

17-21 a period of more than 60 days. If an employer’s premiums

17-22 are less than $300 in a given year, the premiums must be

17-23 paid at intervals established by the manager.

17-24 4. Failure of any employer to comply with the

17-25 provisions of this section and NRS 616.395 operates as a

17-26 rejection of this chapter, effective at the expiration of the

17-27 period covered by his estimate. The manager shall notify

17-28 the administrator of each such rejection.

17-29 5. If an audit of the accounts or actual payroll of an

17-30 employer shows that the actual premium earned exceeds

17-31 the estimated premium paid in advance, the manager may

17-32 require the payment of money sufficient to cover the

17-33 deficit, together with such amount as in his judgment

17-34 constitutes an adequate advance premium for the period

17-35 covered by the estimate.

17-36 6. The manager shall notify any employer or his

17-37 representative by first-class mail of any failure on his part

17-38 to comply with the provisions of this section. The notice

17-39 or its omission does not modify or waive the requirements

17-40 or effective rejection of this chapter as otherwise

17-41 provided in this chapter.

17-42 7. The system may impose a penalty not to exceed 4

17-43 percent of the premiums which are due for the failure of

18-1 an employer to submit the information and premium

18-2 required in subsection 1 within the time allowed, unless

18-3 the employer has applied for and been granted an

18-4 extension of that time by the manager.

18-5 8. To the extent permitted by federal law, the system

18-6 shall vigorously pursue the collection of premiums that

18-7 are due under the provisions of this chapter even if an

18-8 employer’s debts have been discharged in a bankruptcy

18-9 proceeding.

18-10 Sec. 147. 1. NRS 616.2213, 616.2214, 616.2215,

18-11 616.2216, 616.2217, 616.2225, 616.3445, 616.383, 616.387,

18-12 616.440, 616.450, 616.455, 616.460, 616.470, 616.475, 616.517,

18-13 616.518, 617.295 and 645.553, and sections 94, 95, 96 and 137

18-14 of chapter 580, Statutes of Nevada 1995, at pages 2028, 2029,

18-15 2030 and 2048, respectively, are hereby repealed.

18-16 2. Sections 158, 160 and 162 of chapter 265, Statutes of

18-17 Nevada 1993, are hereby repealed.

18-18 Sec. 155. 1. This section and subsection 2 of section 147

18-19 of this act become effective on June 30, 1995.

18-20 2. Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38,

18-21 39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85,

18-22 inclusive, 87 to [95,] 95.5, inclusive, 97, 99 to 103.5, inclusive,

18-23 105, 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134,

18-24 136, 137, 137.5, 146, 146.5, subsection 1 of section 147, 148,

18-25 149, 152 and 153 of this act become effective on July 1, 1995.

18-26 3. Sections 45, 77, 106 and 106.5 of this act become

18-27 effective at 12:01 a.m. on July 1, 1995.

18-28 4. Sections 7, 17.3, 17.5, 17.7, 129.5, 130.2, 130.4, and

18-29 130.6 of this act become effective on July 1, 1999.

18-30 2. Chapter 587, Statutes of Nevada 1995, at page 2124, is

18-31 hereby amended by adding thereto new sections to be designated as

18-32 sections 17.3, 17.5 and 17.7, immediately following section 17, to

18-33 read respectively as follows:

18-34 Sec. 17.3. 1. There is hereby established as a trust fund

18-35 in the state treasury the subsequent injury fund for private

18-36 carriers, which may be used only to make payments in

18-37 accordance with the provisions of sections 17.5 and 17.7 of this

18-38 act. The administrator shall administer the fund.

18-39 2. All assessments, penalties, bonds, securities and all other

18-40 properties received, collected or acquired by the administrator

18-41 for the subsequent injury fund for private carriers must be

18-42 delivered to the custody of the state treasurer.

19-1 3. All money and securities in the fund must be held in

19-2 trust by the state treasurer as custodian thereof to be used

19-3 solely for workers’ compensation for employees whose

19-4 employers are insured by private carriers.

19-5 4. The state treasurer may disburse money from the fund

19-6 only upon written order of the state controller.

19-7 5. The state treasurer shall invest money of the fund in the

19-8 same manner and in the same securities in which he is

19-9 authorized to invest state general funds which are in his

19-10 custody. Income realized from the investment of the assets of

19-11 the fund must be credited to the fund.

19-12 6. The administrator shall adopt regulations for the

19-13 establishment and administration of assessment rates,

19-14 payments and penalties. Assessment rates must reflect the

19-15 relative hazard of the employments covered by private carriers

19-16 and must be based upon expected annual expenditures for

19-17 claims for payments from the subsequent injury fund for

19-18 private carriers. The system must not be required to pay any

19-19 assessments, payments or penalties into the subsequent injury

19-20 fund for private carriers, or any costs associated with the fund.

19-21 7. The commissioner shall assign an actuary to review the

19-22 establishment of assessment rates. The rates must be filed with

19-23 the commissioner 30 days before their effective date. Any

19-24 private carrier who wishes to appeal the rate so filed must do so

19-25 pursuant to NRS 679B.310.

19-26 Sec. 17.5. Except as otherwise provided in section 17.7 of

19-27 this act:

19-28 1. If an employee of an employer who is insured by a

19-29 private carrier has a permanent physical impairment from any

19-30 cause or origin and incurs a subsequent disability by injury

19-31 arising out of and in the course of his employment which

19-32 entitles him to compensation for disability that is substantially

19-33 greater by reason of the combined effects of the preexisting

19-34 impairment and the subsequent injury than that which would

19-35 have resulted from the subsequent injury alone, the

19-36 compensation due must be charged to the subsequent injury

19-37 fund for private carriers in accordance with regulations

19-38 adopted by the administrator.

19-39 2. If the subsequent injury of such an employee results in

19-40 his death and it is determined that the death would not have

19-41 occurred except for the preexisting permanent physical

19-42 impairment, the compensation due must be charged to the

20-1 subsequent injury fund for private carriers in accordance with

20-2 regulations adopted by the administrator.

20-3 3. As used in this section, "permanent physical

20-4 impairment" means any permanent condition, whether

20-5 congenital or caused by injury or disease, of such seriousness

20-6 as to constitute a hindrance or obstacle to obtaining

20-7 employment or to obtaining reemployment if the employee is

20-8 unemployed. For the purposes of this section, a condition is not

20-9 a "permanent physical impairment" unless it would support a

20-10 rating of permanent impairment of 6 percent or more of the

20-11 whole man if evaluated according to the American Medical

20-12 Association’s Guides to the Evaluation of Permanent

20-13 Impairment as adopted and supplemented by the division

20-14 pursuant to section 32 of this act.

20-15 4. To qualify under this section for reimbursement from

20-16 the subsequent injury fund for private carriers, the private

20-17 carrier must establish by written records that the employer had

20-18 knowledge of the "permanent physical impairment" at the time

20-19 the employee was hired or that the employee was retained in

20-20 employment after the employer acquired such knowledge.

20-21 5. A private carrier shall notify the administrator of any

20-22 possible claim against the subsequent injury fund for private

20-23 carriers as soon as practicable, but not later than 100 weeks

20-24 after the injury or death.

20-25 6. The administrator shall adopt regulations establishing

20-26 procedures for submitting claims against the subsequent injury

20-27 fund for private carriers. The administrator shall notify the

20-28 private carrier of his decision on such a claim within 90 days

20-29 after the claim is received.

20-30 7. An appeal of any decision made concerning a claim

20-31 against the subsequent injury fund for private carriers must be

20-32 submitted directly to the appeals officer. The appeals officer

20-33 shall hear such an appeal within 45 days after the appeal is

20-34 submitted to him.

20-35 Sec. 17.7. 1. A private carrier who pays compensation

20-36 due to an employee who has a permanent physical impairment

20-37 from any cause or origin and incurs a subsequent disability by

20-38 injury arising out of and in the course of his employment which

20-39 entitles him to compensation for disability that is substantially

20-40 greater by reason of the combined effects of the preexisting

20-41 impairment and the subsequent injury than that which would

20-42 have resulted from the subsequent injury alone is entitled to be

21-1 reimbursed from the subsequent injury fund for private

21-2 carriers if:

21-3 (a) The employee knowingly made a false representation as

21-4 to his physical condition at the time he was hired by the

21-5 employer insured by a private carrier;

21-6 (b) The employer relied upon the false representation and

21-7 this reliance formed a substantial basis of the employment; and

21-8 (c) A causal connection existed between the false

21-9 representation and the subsequent disability.

21-10 If the subsequent injury of the employee results in his death

21-11 and it is determined that the death would not have occurred

21-12 except for the preexisting permanent physical impairment, any

21-13 compensation paid is entitled to be reimbursed from the

21-14 subsequent injury fund for private carriers.

21-15 2. A private carrier shall notify the administrator of any

21-16 possible claim against the subsequent injury fund for private

21-17 carriers pursuant to this section no later than 60 days after the

21-18 date of the subsequent injury or the date the employer learns of

21-19 the employee’s false representation, whichever is later.

21-20 3. Chapter 587, Statutes of Nevada 1995, at page 2153, is

21-21 hereby amended by adding thereto a new section to be designated as

21-22 section 95.5, immediately following section 95, to read as follows:

21-23 Sec. 95.5. NRS 616.560 is hereby amended to read as

21-24 follows:

21-25 616.560 1. If an injured employee or, in the event of his

21-26 death, his dependents, bring an action in tort against his employer

21-27 to recover payment for an injury which is compensable under this

21-28 chapter or chapter 617 of NRS and, notwithstanding the

21-29 provisions of NRS 616.370, receive payment from the employer

21-30 for that injury:

21-31 (a) The amount of compensation the injured employee or his

21-32 dependents are entitled to receive pursuant to the provisions of

21-33 this chapter, including any future compensation, must be reduced

21-34 by the amount paid by the employer.

21-35 (b) The insurer, or in the case of claims involving the

21-36 uninsured employer’s claim fund or [the] a subsequent injury

21-37 fund the administrator, has a lien upon the total amount paid by

21-38 the employer if the injured employee or his dependents receive

21-39 compensation pursuant to the provisions of this chapter.

21-40 This subsection is applicable whether the money paid to the

21-41 employee or his dependents by the employer is classified as a

21-42 gift, a settlement or otherwise. The provisions of this subsection

22-1 do not grant to an injured employee any right of action in tort to

22-2 recover damages from his employer for his injury.

22-3 2. When an employee receives an injury for which

22-4 compensation is payable pursuant to the provisions of this

22-5 chapter and which was caused under circumstances creating a

22-6 legal liability in some person, other than the employer or a person

22-7 in the same employ, to pay damages in respect thereof:

22-8 (a) The injured employee, or in case of death his dependents,

22-9 may take proceedings against that person to recover damages, but

22-10 the amount of the compensation the injured employee or his

22-11 dependents are entitled to receive pursuant to the provisions of

22-12 this chapter, including any future compensation, must be reduced

22-13 by the amount of the damages recovered, notwithstanding any act

22-14 or omission of the employer or a person in the same employ

22-15 which was a direct or proximate cause of the employee’s injury.

22-16 (b) If the injured employee, or in case of death his dependents,

22-17 receive compensation pursuant to the provisions of this chapter,

22-18 the insurer, or in case of claims involving the uninsured

22-19 employers’ claim fund or [the] a subsequent injury fund the

22-20 administrator, has a right of action against the person so liable to

22-21 pay damages and is subrogated to the rights of the injured

22-22 employee or of his dependents to recover therefor.

22-23 3. When an injured employee incurs an injury for which

22-24 compensation is payable pursuant to the provisions of this

22-25 chapter and which was caused under circumstances entitling him,

22-26 or in the case of death his dependents, to receive proceeds under

22-27 his employer’s policy of uninsured or underinsured vehicle

22-28 coverage:

22-29 (a) The injured employee, or in the case of death his

22-30 dependents, may take proceedings to recover those proceeds, but

22-31 the amount of compensation the injured employee or his

22-32 dependents are entitled to receive pursuant to the provisions of

22-33 this chapter, including any future compensation, must be reduced

22-34 by the amount of proceeds received.

22-35 (b) If an injured employee, or in the case of death his

22-36 dependents, receive compensation pursuant to the provisions of

22-37 this chapter, the insurer, or in the case of claims involving the

22-38 uninsured employers’ claim fund or [the] a subsequent injury

22-39 fund the administrator, is subrogated to the rights of the injured

22-40 employee or his dependents to recover proceeds under the

22-41 employer’s policy of uninsured or underinsured vehicle coverage.

22-42 The insurer and the administrator are not subrogated to the rights

22-43 of an injured employee or his dependents under a policy of

23-1 uninsured or underinsured vehicle coverage purchased by the

23-2 employee.

23-3 4. In any action or proceedings taken by the insurer or the

23-4 administrator pursuant to this section, evidence of the amount of

23-5 compensation, accident benefits and other expenditures which the

23-6 insurer, the uninsured employers’ claim fund or [the] a

23-7 subsequent injury fund have paid or become obligated to pay by

23-8 reason of the injury or death of the employee is admissible. If in

23-9 such action or proceedings the insurer or the administrator

23-10 recovers more than those amounts, the excess must be paid to the

23-11 injured employee or his dependents.

23-12 5. In any case where the insurer or the administrator is

23-13 subrogated to the rights of the injured employee or of his

23-14 dependents as provided in subsection 2 or 3, the insurer or the

23-15 administrator has a lien upon the total proceeds of any recovery

23-16 from some person other than the employer, whether the proceeds

23-17 of such recovery are by way of judgment, settlement or

23-18 otherwise. The injured employee, or in the case of his death his

23-19 dependents, are not entitled to double recovery for the same

23-20 injury, notwithstanding any act or omission of the employer or a

23-21 person in the same employ which was a direct or proximate cause

23-22 of the employee’s injury.

23-23 6. The lien provided for under subsection 1 or 5 includes the

23-24 total compensation expenditure incurred by the insurer, the

23-25 uninsured employers’ claim fund or [the] a subsequent injury

23-26 fund for the injured employee and his dependents.

23-27 7. An injured employee, or in the case of death his

23-28 dependents, shall notify the insurer, or in the case of claims

23-29 involving the uninsured employers’ claim fund or a subsequent

23-30 injury fund the administrator, in writing before initiating a

23-31 proceeding or action pursuant to this section.

23-32 8. Within 15 days after the date of recovery by way of actual

23-33 receipt of the proceeds of the judgment, settlement or otherwise:

23-34 (a) The injured employee or his dependents, or the attorney or

23-35 representative of the injured employee or his dependents; and

23-36 (b) The third-party insurer,

23-37 shall notify the insurer, or in the case of claims involving the

23-38 uninsured employers’ claim fund or a subsequent injury fund the

23-39 administrator, of the recovery and pay to the insurer or the

23-40 administrator, respectively, the amount due under this section

23-41 together with an itemized statement showing the distribution of

24-1 the total recovery. The attorney or representative of the injured

24-2 employee or his dependents and the third-party insurer are jointly

24-3 and severally liable for any amount to which an insurer is entitled

24-4 pursuant to this section if the attorney, representative or third-

24-5 party insurer has knowledge of the lien provided for in this

24-6 section.

24-7 9. An insurer shall not sell its lien to a third-party insurer

24-8 unless the injured employee or his dependents, or the attorney or

24-9 representative of the injured employee or his dependents, refuses

24-10 to provide to the insurer information concerning the action

24-11 against the third party.

24-12 10. In any trial of an action by the injured employee, or in

24-13 the case of his death by his dependents, against a person other

24-14 than the employer or a person in the same employ, the jury must

24-15 receive proof of the amount of all payments made or to be made

24-16 by the insurer or the administrator. The court shall instruct the

24-17 jury substantially as follows:

24-18 Payment of workmen’s compensation benefits by the

24-19 insurer, or in the case of claims involving the uninsured

24-20 employers’ claim fund or a subsequent injury fund the

24-21 administrator, is based upon the fact that a compensable

24-22 industrial accident occurred, and does not depend upon

24-23 blame or fault. If the plaintiff does not obtain a judgment in

24-24 his favor in this case, he is not required to repay his

24-25 employer, the insurer or the administrator any amount paid

24-26 to him or paid on his behalf by his employer, the insurer or

24-27 the administrator.

24-28 If you decide that the plaintiff is entitled to judgment

24-29 against the defendant, you shall find his damages in

24-30 accordance with the court’s instructions on damages and

24-31 return your verdict in the plaintiff’s favor in the amount so

24-32 found without deducting the amount of any compensation

24-33 benefits paid to or for the plaintiff. The law provides a

24-34 means by which any compensation benefits will be repaid

24-35 from your award.

24-36 11. For the purposes of calculating an employer’s premium,

24-37 the employer’s account with the system must be credited with an

24-38 amount equal to that recovered by the system from a third party

25-1 pursuant to this section, less the system’s share of the expenses of

25-2 litigation incurred in obtaining the recovery, except that the total

25-3 credit must not exceed the amount of compensation actually paid

25-4 or reserved by the system on the injured employee’s claim.

25-5 12. As used in this section, "third-party insurer" means an

25-6 insurer that issued to a third party who is liable for damages

25-7 pursuant to subsection 2, a policy of liability insurance the

25-8 proceeds of which are recoverable pursuant to this section. The

25-9 term includes an insurer that issued to an employer a policy of

25-10 uninsured or underinsured vehicle coverage.

25-11 4. Chapter 587, Statutes of Nevada 1995, at page 2169, is

25-12 hereby amended by adding thereto a new section to be designated as

25-13 section 137.5, immediately following section 137, to read as

25-14 follows:

25-15 Sec. 137.5. Section 106.5 of chapter 265, Statutes of

25-16 Nevada 1993, at page 699, is hereby amended to read as follows:

25-17 Sec. 106.5. NRS 616.180 is hereby amended to read as

25-18 follows:

25-19 616.180 1. The system may [, pursuant to the approval

25-20 of the governor,] invest not to exceed 10 percent of the total

25-21 assets of the state insurance fund in rehabilitation buildings

25-22 and facilities and facilities and office buildings in this state.

25-23 The system shall cooperate with the state public works board

25-24 in all planning and construction undertaken by the system

25-25 pursuant to this section. The system may occupy whatever

25-26 room or rooms are necessary for the performance of its duties,

25-27 and any such buildings or portions thereof not occupied by the

25-28 system may be rented only to other state agencies,

25-29 departments, commissions, bureaus and officers.

25-30 2. The title of any real property purchased under the

25-31 authority granted by subsection 1 must be examined and

25-32 approved by the attorney general.

25-33 3. Any income derived from rentals must be accounted for

25-34 separately and deposited in the appropriate account of the

25-35 system.

25-36 4. The system may [, pursuant to the approval of the

25-37 governor,] sell any real property acquired by it pursuant to the

25-38 provisions of subsection 1. All money received by the system

25-39 for the sale of such real property must be deposited in the state

25-40 insurance fund.

26-1 5. Chapter 587, Statutes of Nevada 1995, at page 2170, is

26-2 hereby amended by adding thereto a new section to be designated as

26-3 section 146.5, immediately following section 146, to read as

26-4 follows:

26-5 Sec. 146.5. Section 88 of chapter 580, Statutes of Nevada

26-6 1995, at page 2025, is hereby amended to read as follows:

26-7 Sec. 88. NRS 616.400 is hereby amended to read as

26-8 follows:

26-9 616.400 1. Every employer insured by the system shall,

26-10 at intervals established by the manager, furnish the system with

26-11 a true and accurate payroll showing:

26-12 (a) The total amount paid to employees for services

26-13 performed;

26-14 (b) The amount of tips reported to him by every employee

26-15 pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled

26-16 $20 or more; and

26-17 (c) A segregation of employment in accordance with the

26-18 requirements of the system,

26-19 together with the premium due thereon. The payroll and

26-20 premium must be furnished to the system on or before the date

26-21 established by the manager for the receipt of the payroll and

26-22 premium.

26-23 2. [In determining the total amount paid to employees by

26-24 each employer for services performed during a calendar year,

26-25 the maximum amount paid by each employer to any one

26-26 employee during the calendar year shall be deemed to be the

26-27 first $36,000 paid to the employee during the calendar year.

26-28 3. Except as otherwise provided in this subsection, any]

26-29 Any employer by agreement in writing with the manager may

26-30 arrange for the payment of premiums in advance [for a period

26-31 of more than 60 days. If an employer’s premiums are less than

26-32 $300 in a given year, the premiums must be paid at intervals]

26-33 at an interval established by the manager.

26-34 [4.] 3. Failure of any employer to comply with the

26-35 provisions of this section and NRS 616.395 operates as a

26-36 rejection of this chapter, effective at the expiration of the

26-37 period covered by his estimate. The manager shall notify the

26-38 administrator of each such rejection.

26-39 [5.] 4. If an audit of the accounts or actual payroll of an

26-40 employer shows that the actual premium earned exceeds the

26-41 estimated premium paid in advance, the manager may require

27-1 the payment of money sufficient to cover the deficit, together

27-2 with such amount as in his judgment constitutes an adequate

27-3 advance premium for the period covered by the estimate.

27-4 [6.] 5. The manager shall notify any employer or his

27-5 representative by first-class mail of any failure on his part to

27-6 comply with the provisions of this section. The notice or its

27-7 omission does not modify or waive the requirements or

27-8 effective rejection of this chapter as otherwise provided in this

27-9 chapter.

27-10 [7.] 6. The system may impose a penalty not to exceed [4]

27-11 10 percent of the premiums which are due for the failure of an

27-12 employer to submit the information and premium required in

27-13 subsection 1 within the time allowed, unless the employer has

27-14 applied for and been granted an extension of that time by the

27-15 manager.

27-16 [8.] 7. To the extent permitted by federal law, the system

27-17 shall vigorously pursue the collection of premiums that are due

27-18 under the provisions of this chapter even if an employer’s

27-19 debts have been discharged in a bankruptcy proceeding.

27-20 Sec. 12. 1. Section 6 of chapter 214, Statutes of Nevada 1997, at

27-21 page 745, is hereby amended to read as follows:

27-22 Sec. 6. NRS 695C.330 is hereby amended to read as follows:

27-23 695C.330 1. The commissioner may suspend or revoke any

27-24 certificate of authority issued to a health maintenance organization

27-25 pursuant to the provisions of this chapter if he finds that any of the

27-26 following conditions exist:

27-27 (a) The health maintenance organization is operating

27-28 significantly in contravention of its basic organizational document,

27-29 its health care plan or in a manner contrary to that described in and

27-30 reasonably inferred from any other information submitted pursuant

27-31 to NRS 695C.060, 695C.070 and 695C.140, unless any

27-32 amendments to those submissions have been filed with and

27-33 approved by the commissioner;

27-34 (b) The health maintenance organization issues evidence of

27-35 coverage or uses a schedule of charges for health care services

27-36 which do not comply with the requirements of NRS 695C.170 to

27-37 695C.200, inclusive [;] , or section 5 of this act;

27-38 (c) The health care plan does not furnish comprehensive health

27-39 care services as provided for in subsection 1 of NRS 695C.030;

27-40 (d) The state board of health certifies to the commissioner that:

28-1 (1) The health maintenance organization does not meet the

28-2 requirements of subsection 2 of NRS 695C.080; or

28-3 (2) The health maintenance organization is unable to fulfill its

28-4 obligations to furnish health care services as required under its

28-5 health care plan;

28-6 (e) The health maintenance organization is no longer financially

28-7 responsible and may reasonably be expected to be unable to meet

28-8 its obligations to enrollees or prospective enrollees;

28-9 (f) The health maintenance organization has failed to put into

28-10 effect a mechanism affording the enrollees an opportunity to

28-11 participate in matters relating to the content of programs [under]

28-12 pursuant to NRS 695C.110;

28-13 (g) The health maintenance organization has failed to put into

28-14 effect the system for complaints required by NRS 695C.260 in a

28-15 manner reasonably to dispose of valid complaints;

28-16 (h) The health maintenance organization or any person on its

28-17 behalf has advertised or merchandised its services in an untrue,

28-18 misrepresentative, misleading, deceptive or unfair manner;

28-19 (i) The continued operation of the health maintenance

28-20 organization would be hazardous to its enrollees; or

28-21 (j) The health maintenance organization has otherwise failed to

28-22 [substantially] comply substantially with the provisions of this

28-23 chapter.

28-24 2. A certificate of authority must be suspended or revoked only

28-25 after compliance with the requirements of NRS 695C.340.

28-26 3. [When] If the certificate of authority of a health maintenance

28-27 organization is suspended, the health maintenance organization

28-28 shall not, during the period of that suspension, enroll any additional

28-29 groups or new individual contracts, unless those groups or persons

28-30 were contracted for before the date of suspension.

28-31 4. [When] If the certificate of authority of a health maintenance

28-32 organization is revoked, the organization shall proceed,

28-33 immediately following the effective date of the order of revocation,

28-34 to wind up its affairs and shall conduct no further business except as

28-35 may be essential to the orderly conclusion of the affairs of the

28-36 organization. It shall engage in no further advertising or solicitation

28-37 [whatsoever.] of any kind. The commissioner may by written order

28-38 permit such further operation of the organization as he may find to

28-39 be in the best interest of enrollees to the end that enrollees [will be]

28-40 are afforded the greatest practical opportunity to obtain continuing

28-41 coverage for health care.

29-1 2. Chapter 214, Statutes of Nevada 1997, at page 745, is hereby

29-2 amended by adding thereto a new section to be designated as

29-3 section 5.1, immediately following section 5, to read as follows:

29-4 Sec. 5.1. NRS 695C.050 is hereby amended to read as follows:

29-5 695C.050 1. Except as otherwise provided in this chapter or

29-6 in specific provisions of this Title, the provisions of this Title are

29-7 not applicable to any health maintenance organization granted a

29-8 certificate of authority under this chapter. This provision does not

29-9 apply to an insurer licensed and regulated pursuant to this Title

29-10 except with respect to its activities as a health maintenance

29-11 organization authorized and regulated pursuant to this chapter.

29-12 2. Solicitation of enrollees by a health maintenance

29-13 organization granted a certificate of authority, or its representatives,

29-14 must not be construed to violate any provision of law relating to

29-15 solicitation or advertising by practitioners of a healing art.

29-16 3. Any health maintenance organization authorized pursuant to

29-17 this chapter shall not be deemed to be practicing medicine and is

29-18 exempt from the provisions of chapter 630 of NRS.

29-19 4. The provisions of NRS 695C.110, 695C.170 to 695C.200,

29-20 inclusive, 695C.250 and 695C.265 , [and] section 4 of [this act]

29-21 Assembly Bill No. 394 of this session and section 5 of this act do

29-22 not apply to a health maintenance organization that provides health

29-23 care services through managed care to recipients of Medicaid

29-24 pursuant to a contract with the welfare division of the department of

29-25 human resources. This subsection does not exempt a health

29-26 maintenance organization from any provision of this chapter for

29-27 services provided pursuant to any other contract.

29-28 3. Chapter 214, Statutes of Nevada 1997, at page 746, is hereby

29-29 amended by adding thereto a new section to be designated as section 6.1,

29-30 immediately following section 6, to read as follows:

29-31 Sec. 6.1. Section 6 of chapter 412, Statutes of Nevada 1997, at

29-32 page 1462, is hereby amended to read as follows:

29-33 Sec. 6. NRS 695C.330 is hereby amended to read as

29-34 follows:

29-35 695C.330 1. The commissioner may suspend or revoke any

29-36 certificate of authority issued to a health maintenance

29-37 organization pursuant to the provisions of this chapter if he finds

29-38 that any of the following conditions exist:

29-39 (a) The health maintenance organization is operating

29-40 significantly in contravention of its basic organizational

29-41 document, its health care plan or in a manner contrary to that

29-42 described in and reasonably inferred from any other information

29-43 submitted pursuant to NRS 695C.060, 695C.070 and 695C.140,

30-1 unless any amendments to those submissions have been filed with

30-2 and approved by the commissioner;

30-3 (b) The health maintenance organization issues evidence of

30-4 coverage or uses a schedule of charges for health care services

30-5 which do not comply with the requirements of NRS 695C.170 to

30-6 695C.200, inclusive, [or] section 5 of [this act;] Assembly Bill

30-7 No. 477 of this session and section 5 of this act;

30-8 (c) The health care plan does not furnish comprehensive

30-9 health care services as provided for in subsection 1 of NRS

30-10 695C.030;

30-11 (d) The state board of health certifies to the commissioner

30-12 that:

30-13 (1) The health maintenance organization does not meet the

30-14 requirements of subsection 2 of NRS 695C.080; or

30-15 (2) The health maintenance organization is unable to fulfill

30-16 its obligations to furnish health care services as required under its

30-17 health care plan;

30-18 (e) The health maintenance organization is no longer

30-19 financially responsible and may reasonably be expected to be

30-20 unable to meet its obligations to enrollees or prospective

30-21 enrollees;

30-22 (f) The health maintenance organization has failed to put into

30-23 effect a mechanism affording the enrollees an opportunity to

30-24 participate in matters relating to the content of programs pursuant

30-25 to NRS 695C.110;

30-26 (g) The health maintenance organization has failed to put into

30-27 effect the system for complaints required by NRS 695C.260 in a

30-28 manner reasonably to dispose of valid complaints;

30-29 (h) The health maintenance organization or any person on its

30-30 behalf has advertised or merchandised its services in an untrue,

30-31 misrepresentative, misleading, deceptive or unfair manner;

30-32 (i) The continued operation of the health maintenance

30-33 organization would be hazardous to its enrollees; or

30-34 (j) The health maintenance organization has otherwise failed

30-35 to comply substantially with the provisions of this chapter.

30-36 2. A certificate of authority must be suspended or revoked

30-37 only after compliance with the requirements of NRS 695C.340.

30-38 3. If the certificate of authority of a health maintenance

30-39 organization is suspended, the health maintenance organization

30-40 shall not, during the period of that suspension, enroll any

30-41 additional groups or new individual contracts, unless those

30-42 groups or persons were contracted for before the date of

30-43 suspension.

31-1 4. If the certificate of authority of a health maintenance

31-2 organization is revoked, the organization shall proceed,

31-3 immediately following the effective date of the order of

31-4 revocation, to wind up its affairs and shall conduct no further

31-5 business except as may be essential to the orderly conclusion of

31-6 the affairs of the organization. It shall engage in no further

31-7 advertising or solicitation of any kind. The commissioner may by

31-8 written order permit such further operation of the organization as

31-9 he may find to be in the best interest of enrollees to the end that

31-10 enrollees are afforded the greatest practical opportunity to obtain

31-11 continuing coverage for health care.

31-12 4. Chapter 214, Statutes of Nevada 1997, at page 746, is hereby

31-13 amended by adding thereto a new section to be designated as section 8,

31-14 immediately following section 7, to read as follows:

31-15 Sec. 8. Section 5.1 of this act becomes effective at 12:02 a.m.

31-16 on October 1, 1997.

31-17 Sec. 13. Section 5 of chapter 226, Statutes of Nevada 1997, at page

31-18 796, is hereby amended to read as follows:

31-19 Sec. 5. NRS 62.226 is hereby amended to read as follows:

31-20 62.226 1. Except as otherwise provided in subsection 3 [and

31-21 NRS 62.227, whenever any] , whenever a child is found to have

31-22 committed the unlawful act of [:

31-23 (a) Using, possessing, selling or distributing a controlled

31-24 substance;

31-25 (b) Purchasing, consuming or possessing an alcoholic beverage

31-26 in violation of NRS 202.020; or

31-27 (c) Placing] placing graffiti on or otherwise defacing the public

31-28 or private property, real or personal, of another, in violation of NRS

31-29 206.125 or 206.330, the judge, or his authorized representative,

31-30 may, if the child possesses a driver’s license, issue an order

31-31 suspending the [child’s] driver’s license of the child for at least 90

31-32 days but not more than 2 years. If such an order is issued, the judge

31-33 shall require the child to surrender his driver’s license to the court .

31-34 [all driver’s licenses then held by the child. The court shall, within 5

31-35 days after issuing the order, forward to the department of motor

31-36 vehicles and public safety the licenses, together with a copy of the

31-37 order.]

31-38 2. If the child does not possess a driver’s license and the child

31-39 is or will be eligible to [apply for] receive a driver’s license within

31-40 the 2 years immediately following the date of the order, the judge,

31-41 or his authorized representative, may issue an order prohibiting the

31-42 child from applying for a driver’s license for a period specified by

32-1 the court [but not to exceed] which must be at least 90 days but not

32-2 more than 2 years:

32-3 (a) Immediately following the date of the order, if the child is

32-4 eligible to [apply for] receive a driver’s license.

32-5 (b) After the date the child will be eligible to [apply for] receive

32-6 a driver’s license, if the child is not eligible to [apply for] receive a

32-7 license on the date of the order.

32-8 [The court shall, within 5 days after issuing the order, forward to

32-9 the department a copy of the order.]

32-10 3. If a child is already the subject of a court order suspending

32-11 or delaying the issuance of his driver’s license, the court shall order

32-12 the additional suspension or delay, as appropriate, to apply

32-13 consecutively with the previous order.

32-14 [4. The department of motor vehicles and public safety:

32-15 (a) Shall not treat such an unlawful act in the manner statutorily

32-16 required for moving traffic violations.

32-17 (b) Shall report a suspension pursuant to this section to an

32-18 insurance company or its agent inquiring about the child’s driving

32-19 record but such a suspension must not be considered for the purpose

32-20 of rating or underwriting.

32-21 (c) Shall not require the child to submit to the tests and other

32-22 requirements which are adopted by regulation pursuant to

32-23 subsection 1 of NRS 483.495 as a condition of reinstatement or

32-24 reissuance after a suspension of his license pursuant to this section

32-25 unless the suspension also resulted from his poor performance as a

32-26 driver.]

32-27 Sec. 14. Section 3 of chapter 229, Statutes of Nevada 1997, at page

32-28 826, is hereby amended to read as follows:

32-29 Sec. 3. NRS 202.350 is hereby amended to read as follows:

32-30 202.350 1. It is unlawful for a person within this state to:

32-31 (a) Manufacture or cause to be manufactured, or import into the

32-32 state, or keep, offer or expose for sale, or give, lend or possess any

32-33 knife which is made an integral part of a belt buckle or any

32-34 instrument or weapon of the kind commonly known as a

32-35 switchblade knife, blackjack, slung shot, billy, sand-club, sandbag

32-36 or metal knuckles; or

32-37 (b) Except as otherwise provided in subsection 4, carry

32-38 concealed upon his person any:

32-39 (1) Explosive substance, other than ammunition or any

32-40 components thereof;

32-41 (2) Dirk, dagger or machete;

32-42 (3) Pistol, revolver or other firearm, or other dangerous or

32-43 deadly weapon; or

33-1 (4) Knife which is made an integral part of a belt buckle.

33-2 2. It is unlawful for a person to possess or use a:

33-3 (a) Nunchaku or trefoil with the intent to inflict harm upon the

33-4 person of another; or

33-5 (b) Machine gun or a silencer.

33-6 3. Except as otherwise provided in NRS 202.275 and 212.185,

33-7 a person who violates any of the provisions of subsection 1 or 2 is

33-8 guilty:

33-9 (a) For the first offense, of a gross misdemeanor.

33-10 (b) For any subsequent offense, of a category D felony, and shall

33-11 be punished as provided in NRS 193.130.

33-12 4. Except as otherwise provided in this subsection and NRS

33-13 202.3653 to 202.369, inclusive, the sheriff of any county may, upon

33-14 written application by a resident of that county showing the reason

33-15 or the purpose for which a concealed weapon is to be carried, issue

33-16 a permit authorizing the applicant to carry in this state the concealed

33-17 weapon described in the permit. The sheriff shall not issue a permit

33-18 to a person to carry a switchblade knife.

33-19 5. This section does not apply to:

33-20 (a) Sheriffs, constables, marshals, peace officers, special police

33-21 officers, police officers of this state, whether active or honorably

33-22 retired, or other appointed officers.

33-23 (b) Any person summoned by any peace officer to assist in

33-24 making arrests or preserving the peace while the person so

33-25 summoned is actually engaged in assisting such an officer.

33-26 (c) Any full-time paid peace officer of an agency of the United

33-27 States or another state or political subdivision thereof when

33-28 carrying out official duties in the State of Nevada.

33-29 (d) Members of the Armed Forces of the United States when

33-30 on duty.

33-31 6. The exemptions provided in subsection 5 do not include a

33-32 former peace officer who is retired for disability unless his former

33-33 employer has approved his fitness to carry a concealed weapon.

33-34 7. The provisions of paragraph (b) of subsection 2 do not

33-35 apply to any person who is licensed, authorized or permitted to

33-36 possess or use a machine gun or silencer pursuant to federal law.

33-37 The burden of establishing federal licensure, authorization or

33-38 permission is upon the person possessing the license,

33-39 authorization or permission.

33-40 8. As used in this section:

33-41 (a) "Concealed weapon" has the meaning ascribed to it in

33-42 NRS 202.3653.

34-1 (b) "Honorably retired" means retired in Nevada after

34-2 completion of 10 years of creditable service as a member of the

34-3 public employees’ retirement system. A former peace officer is not

34-4 "honorably retired" if he was discharged for cause or resigned

34-5 before the final disposition of allegations of serious misconduct.

34-6 (c) "Machine gun" means any weapon which shoots, is designed

34-7 to shoot or can be readily restored to shoot more than one shot,

34-8 without manual reloading, by a single function of the trigger.

34-9 [(b)] (d) "Nunchaku" means an instrument consisting of two or

34-10 more sticks, clubs, bars or rods connected by a rope, cord, wire or

34-11 chain used as a weapon in forms of Oriental combat.

34-12 [(c)] (e) "Silencer" means any device for silencing, muffling or

34-13 diminishing the report of a firearm, including any combination of

34-14 parts, designed or redesigned, and intended for use in assembling or

34-15 fabricating a silencer or muffler, and any part intended only for use

34-16 in such assembly or fabrication.

34-17 [(d)] (f) "Switchblade knife" means a spring-blade knife, snap-

34-18 blade knife or any other knife having the appearance of a pocket

34-19 knife, any blade of which is 2 or more inches long and which can be

34-20 released automatically by a flick of a button, pressure on the handle

34-21 or other mechanical device, or is released by any type of

34-22 mechanism.

34-23 [(e)] (g) "Trefoil" means an instrument consisting of a metal

34-24 plate having three or more radiating points with sharp edges,

34-25 designed in the shape of a star, cross or other geometric figure and

34-26 used as a weapon for throwing.

34-27 Sec. 15. Section 4 of chapter 232, Statutes of Nevada 1997, at page

34-28 833, is hereby amended to read as follows:

34-29 Sec. 4. NRS 62.080 is hereby amended to read as follows:

34-30 62.080 1. Except as otherwise provided in subsection 2 [if a

34-31 child 14 years of age or older] and section 1 of this act, if:

34-32 (a) A child is charged with an offense [which] that would be a

34-33 felony if committed by an adult [,] ; and

34-34 (b) The child was 14 years of age or older at the time he

34-35 allegedly committed the offense,

34-36 the juvenile [division of the district] court, upon a motion by the

34-37 district attorney and after a full investigation, may retain

34-38 jurisdiction or certify the child for proper criminal proceedings to

34-39 any court [which] that would have jurisdiction to try the offense if

34-40 committed by an adult . [, but a child must not be so certified unless

34-41 he was 14 years of age or older at the time he allegedly committed

34-42 the offense charged.]

34-43 2. If a child [14 years of age or older is] :

35-1 (a) Is charged with:

35-2 (1) A sexual assault involving the use or threatened use of

35-3 force or violence against the victim; or

35-4 [(b) Any offense]

35-5 (2) An offense or attempted offense involving the use or

35-6 threatened use of a [deadly weapon or an attempt to commit such an

35-7 offense, and the child was] firearm; and

35-8 (b) Was 14 years of age or older at the time he allegedly

35-9 committed the offense , [charged,]

35-10 the juvenile [division of the district court, after] court, upon a

35-11 motion by the district attorney and after a full investigation, shall

35-12 certify the child for proper criminal proceedings to any court

35-13 [which] that would have jurisdiction to try the offense if committed

35-14 by an adult, unless the court specifically finds by clear and

35-15 convincing evidence that the [child was not a principal actor in the

35-16 offense or that exceptional circumstances exist because the] child’s

35-17 actions were substantially the result of his substance abuse or

35-18 emotional or behavioral problems and such substance abuse or

35-19 problems may be appropriately treated through the jurisdiction of

35-20 the juvenile [division.

35-21 3. Except as otherwise provided in subsection 4, after such]

35-22 court.

35-23 3. If a child is certified for criminal proceedings as an adult

35-24 pursuant to subsection 1 or 2, the court shall also certify the child

35-25 for criminal proceedings as an adult for any other related offense

35-26 arising out of the same facts as the offense for which the child

35-27 was certified, regardless of the nature of the related offense.

35-28 4. If a child has been certified for [proper] criminal

35-29 proceedings as an adult pursuant to subsection 1 or 2 and his case

35-30 has been transferred out of the juvenile [division,] court, original

35-31 jurisdiction of his person for that case [and any offense with which

35-32 he is later charged] rests with the court [which would have

35-33 jurisdiction of the offense if the offense were committed by an adult

35-34 and he may thereafter] to which the case has been transferred, and

35-35 the child may petition for transfer of his case back to the juvenile

35-36 [division] court only upon a showing of exceptional circumstances.

35-37 If [a child is remanded to the juvenile division,] the child’s case is

35-38 transferred back to the juvenile court, the judge of that [division]

35-39 court shall determine whether the exceptional circumstances

35-40 warrant accepting jurisdiction.

36-1 [4. If a child is certified as an adult pursuant to subsection 1,

36-2 original jurisdiction of his person for any offense with which he is

36-3 later charged does not rest with the court which would have

36-4 jurisdiction of the offense if the offense were committed by an adult

36-5 if the case that was transferred out of the juvenile division is

36-6 dismissed or he is found not guilty of those charges.]

36-7 Sec. 16. Section 3 of chapter 234, Statutes of Nevada 1997, at page

36-8 839, is hereby amended to read as follows:

36-9 Sec. 3. NRS 483.840 is hereby amended to read as follows:

36-10 483.840 1. The form of the identification cards must be

36-11 similar to that of drivers’ licenses but distinguishable in color or

36-12 otherwise.

36-13 2. Identification cards do not authorize the operation of any

36-14 motor vehicles.

36-15 3. Identification cards must include the following information

36-16 concerning the holder:

36-17 (a) Name and sample signature of holder.

36-18 (b) [The] A unique identification number assigned to the holder

36-19 [which must not be] that is not based on the holder’s social security

36-20 number . [, if any.]

36-21 (c) Personal description.

36-22 (d) Date of birth.

36-23 (e) Current address in this state.

36-24 (f) A colored photograph of the holder in full face if he is 21

36-25 years of age or older, or a colored photograph in profile if he is

36-26 under 21 years of age.

36-27 4. At the time of the issuance of the identification card, the

36-28 department shall give the holder the opportunity to indicate on his

36-29 identification card that he wishes to be a donor of all or part of his

36-30 body pursuant to NRS 451.500 to 451.590, inclusive, or that he

36-31 refuses to make an anatomical gift of his body or part of his body.

36-32 Sec. 17. Section 2 of chapter 238, Statutes of Nevada 1997, at page

36-33 843, is hereby amended to read as follows:

36-34 Sec. 2. NRS 562.090 is hereby amended to read as follows:

36-35 562.090 1. Each member of the board is entitled to receive

36-36 for his services $500 per year or a lesser amount if and as

36-37 determined by a majority of the board.

36-38 2. Salaries and compensation must be paid from the state or

36-39 county treasury in which the state sheep inspection account is

36-40 located in the same manner as the salaries of state or county

36-41 officers.

37-1 Sec. 18. Section 1 of chapter 255, Statutes of Nevada 1997, at page

37-2 899, is hereby amended to read as follows:

37-3 Section 1. Chapter 176 of NRS is hereby amended by adding

37-4 thereto a new section to read as follows:

37-5 1. If a fine, administrative assessment, fee or restitution is

37-6 imposed upon a defendant pursuant to this chapter, whether or

37-7 not the fine, administrative assessment, fee or restitution is in

37-8 addition to any other punishment, and the fine, administrative

37-9 assessment, fee or restitution or any part of it remains unpaid

37-10 after the time established by the court for its payment, the

37-11 defendant is liable for a collection fee, to be imposed by the court

37-12 at the time it finds that the fine, administrative assessment, fee or

37-13 restitution is delinquent, of:

37-14 (a) Not more than $100, if the amount of the delinquency is

37-15 less than $2,000.

37-16 (b) Not more than $500, if the amount of the delinquency is

37-17 $2,000 or greater, but is less than $5,000.

37-18 (c) Ten percent of the amount of the delinquency, if the

37-19 amount of the delinquency is $5,000 or greater.

37-20 2. A state or local entity that is responsible for collecting a

37-21 delinquent fine, administrative assessment, fee or restitution may,

37-22 in addition to attempting to collect the fine, administrative

37-23 assessment, fee or restitution through any other lawful means,

37-24 take any or all of the following actions:

37-25 (a) Report the delinquency to reporting agencies that assemble

37-26 or evaluate information concerning credit.

37-27 (b) Request that the court take appropriate action pursuant to

37-28 subsection 3.

37-29 (c) Contract with a collection agency licensed pursuant to NRS

37-30 649.075 to collect the delinquent amount and the collection fee.

37-31 The collection agency must be paid as compensation for its

37-32 services an amount not greater than the amount of the collection

37-33 fee imposed pursuant to subsection 1, in accordance with the

37-34 provisions of the contract.

37-35 3. The court may, on its own motion or at the request of a

37-36 state or local entity that is responsible for collecting the

37-37 delinquent fine, administrative assessment, fee or restitution, take

37-38 any or all of the following actions, in the following order of

37-39 priority if practicable:

37-40 (a) Request that a prosecuting attorney undertake collection of

37-41 the delinquency, including, without limitation, the original

37-42 amount and the collection fee, by attachment or garnishment of

37-43 the defendant’s property, wages or other money receivable.

38-1 (b) Order the suspension of the driver’s license of the

38-2 defendant. If the defendant does not possess a driver’s license, the

38-3 court may prohibit the defendant from applying for a driver’s

38-4 license for a specified period. If the defendant is already the

38-5 subject of a court order suspending or delaying the issuance of

38-6 his driver’s license, the court may order the additional suspension

38-7 or delay, as appropriate, to apply consecutively with the previous

38-8 order. At the time the court issues an order suspending the

38-9 driver’s license of a defendant pursuant to this paragraph, the

38-10 court shall require the defendant to surrender to the court all

38-11 driver’s licenses then held by the defendant. The court shall,

38-12 within 5 days after issuing the order, forward to the department of

38-13 motor vehicles and public safety the licenses, together with a copy

38-14 of the order. At the time the court issues an order pursuant to this

38-15 paragraph delaying the ability of a defendant to apply for a

38-16 driver’s license, the court shall, within 5 days after issuing the

38-17 order, forward to the department of motor vehicles and public

38-18 safety a copy of the order. The department of motor vehicles and

38-19 public safety shall report a suspension pursuant to this paragraph

38-20 to an insurance company or its agent inquiring about the

38-21 defendant’s driving record, but such a suspension must not be

38-22 considered for the purpose of rating or underwriting.

38-23 (c) For a delinquent fine or administrative assessment, order

38-24 the confinement of the person in the appropriate prison, jail or

38-25 detention facility, as provided in NRS 176.065 and 176.075.

38-26 4. Money collected from a collection fee imposed pursuant to

38-27 subsection 1 must be distributed in the following manner:

38-28 (a) Except as otherwise provided in paragraph (d), if the

38-29 money is collected by or on behalf of a municipal court, the

38-30 money must be deposited in a special fund in the appropriate city

38-31 treasury. The city may use the money in the fund only to develop

38-32 and implement a program for the collection of fines,

38-33 administrative assessments, fees and restitution.

38-34 (b) Except as otherwise provided in paragraph (d), if the

38-35 money is collected by or on behalf of a justice’s court or district

38-36 court, the money must be deposited in a special fund in the

38-37 appropriate county treasury. The county may use the money in

38-38 the special fund only to develop and implement a program for the

38-39 collection of fines, administrative assessments, fees and

38-40 restitution.

38-41 (c) Except as otherwise provided in paragraph (d), if the

38-42 money is collected by a state entity, the money must be deposited

38-43 in an account, which is hereby created in the state treasury. The

39-1 court administrator may use the money in the account only to

39-2 develop and implement a program for the collection of fines,

39-3 administrative assessments, fees and restitution in this state.

39-4 (d) If the money is collected by a collection agency, after the

39-5 collection agency has been paid its fee pursuant to the terms of

39-6 the contract, any remaining money must be deposited in the state,

39-7 city or county treasury, whichever is appropriate, to be used only

39-8 for the purposes set forth in paragraph (a), (b) or (c) of this

39-9 subsection.

39-10 Sec. 19. Chapter 284, Statutes of Nevada 1997, at page 972, is hereby

39-11 amended by adding thereto new sections to be designated as sections 28.1

39-12 and 28.2, immediately following section 28, to read respectively as follows:

39-13 Sec. 28.1. NRS 396.360 is hereby amended to read as follows:

39-14 396.360 The interest derived from the irreducible university

39-15 fund [, together with all moneys paid as interest on deferred

39-16 installments on purchase of lands described in NRS 396.350 which

39-17 may be sold under contract as provided in NRS 321.240,] shall be

39-18 and constitute a fund to be known as the contingent university fund.

39-19 Sec. 28.2. NRS 396.370 is hereby amended to read as follows:

39-20 396.370 1. The following money is hereby set aside and

39-21 inviolably appropriated for the support and maintenance of the

39-22 system, and must be paid out for the purposes designated by law

39-23 creating the several funds:

39-24 (a) The interest derived from the investment of all money from

39-25 the sale of the 90,000 acres of land granted to the State of Nevada

39-26 by the Act of Congress entitled "An Act donating Public Lands to

39-27 the several States and Territories which may provide Colleges for

39-28 the Benefit of Agriculture and the Mechanic Arts," approved July 2,

39-29 1862 (c. 130, 12 Stat. 503).

39-30 (b) The interest derived from the investment of all money from

39-31 the sale of the 72 sections of land granted to the State of Nevada by

39-32 the Act of Congress entitled "An act concerning certain Lands

39-33 granted to the State of Nevada," approved July 4, 1866 (c. 166, 14

39-34 Stat. 86), for the establishment and maintenance of a university.

39-35 [(c) All money paid as interest on deferred installments on the

39-36 purchase of lands named in this section which may be sold under

39-37 contract as provided in NRS 321.240.]

39-38 2. Additional state maintenance and support of the system must

39-39 be provided by direct legislative appropriation from the general

39-40 fund, upon the presentation of budgets in the manner required by

39-41 law.

40-1 Sec. 20. Sections 1 and 3 of chapter 285, Statutes of Nevada 1997, at

40-2 page 973, are hereby amended to read respectively as follows:

40-3 Section 1. Section 158 of chapter 580, Statutes of Nevada

40-4 1995, at page 2051, is hereby amended to read as follows:

40-5 Sec. 158. 1. No insurer is required to issue to any

40-6 particular employer a policy for industrial insurance.

40-7 2. The commissioner shall approve a plan submitted by the

40-8 advisory organization for equitable apportionment among

40-9 insurers of those persons who in good faith are entitled to

40-10 insurance but who have not been accepted by an insurer. Every

40-11 insurer shall participate in the plan. The commissioner shall

40-12 adopt regulations to carry out the plan.

40-13 3. The advisory organization shall submit to the

40-14 commissioner the rates, supplementary rate information and

40-15 forms for policies for the plan at least 60 days before they

40-16 become effective. The rates submitted to the commissioner

40-17 must:

40-18 (a) Reflect the experience of the persons insured pursuant to

40-19 the plan to the extent that those rates are actuarially

40-20 appropriate.

40-21 (b) Be actuarially determined to ensure that the plan is self-

40-22 sustaining.

40-23 4. The commissioner shall disapprove any rates for the

40-24 plan which do not meet the standards of NRS 686B.050. The

40-25 rates shall be deemed to be approved unless they are

40-26 disapproved by the commissioner within 60 days after they are

40-27 filed pursuant to the procedures in NRS 686B.1775.

40-28 Sec. 3. [1. This section and section 2 of this act become]

40-29 This act becomes effective upon passage and approval.

40-30 [2. Section 1 of this act becomes effective at 12:01 a.m. on July

40-31 1, 1999.]

40-32 Sec. 21. Section 55 of chapter 286, Statutes of Nevada 1997, at page

40-33 1002, is hereby amended to read as follows:

40-34 Sec. 55. NRS 666.405 is hereby amended to read as follows:

40-35 666.405 1. Except as otherwise provided in this section, an

40-36 out-of-state depository institution without a branch in Nevada, or an

40-37 out-of-state holding company without a depository institution in

40-38 Nevada, may acquire a Nevada depository institution and convert

40-39 the institution to a branch of the out-of-state depository institution

40-40 or depository institution of the out-of-state holding company. If the

40-41 Nevada depository institution is chartered after September 28,

40-42 1995, the Nevada depository institution may be so acquired only if

40-43 it has been in existence for at least 5 years.

41-1 2. For the purposes of [this subsection, a] subsection 1:

41-2 (a) A depository institution chartered solely for the purpose of

41-3 acquiring another depository institution [is considered] shall be

41-4 deemed to have been in existence for the same period as the

41-5 depository institution to be acquired, [so] as long as [it] the

41-6 acquiring depository institution does not open for business at any

41-7 time before the acquisition.

41-8 [2.] (b) A bank that was originally chartered as a corporation

41-9 or limited-liability company other than a depository institution

41-10 shall be deemed to have been in existence for the period since a

41-11 certificate of amendment of its articles of incorporation or

41-12 organization was filed pursuant to NRS 659.035 to reorganize the

41-13 corporation or limited-liability company as a bank.

41-14 (c) A bank that was originally chartered as a Nevada

41-15 depository institution other than a bank shall be deemed to have

41-16 been in existence for the period since the original articles of

41-17 incorporation or organization of the depository institution were

41-18 filed with the secretary of state.

41-19 (d) If a Nevada depository institution becomes the successor in

41-20 interest to the business of an out-of-state depository institution

41-21 without a branch bank in this state that previously acquired a

41-22 Nevada depository institution or to an out-of-state holding

41-23 company without a branch bank in this state that previously

41-24 acquired a Nevada depository institution, the commissioner shall

41-25 include the period of existence of the original Nevada depository

41-26 institution when determining the period of existence of the

41-27 successor Nevada depository institution.

41-28 3. If the commissioner considers it necessary to protect

41-29 depositors, creditors and other customers of a failing depository

41-30 institution or a failing holding company which controls a depository

41-31 institution, he may authorize the acquisition of the institution or

41-32 company by, or its merger with, another institution or company

41-33 regardless of the duration of existence of the failing depository

41-34 institution or failing holding company.

41-35 [3.] 4. The restriction set forth in subsection 1 does not apply

41-36 to an acquisition of, or merger between, affiliated depository

41-37 institutions.

41-38 Sec. 22. Section 5 of chapter 312, Statutes of Nevada 1997, at page

41-39 1172, is hereby amended to read as follows:

41-40 Sec. 5. NRS 361.157 is hereby amended to read as follows:

41-41 361.157 1. When any real estate or portion of real estate

41-42 which for any reason is exempt from taxation is leased, loaned or

41-43 otherwise made available to and used by a natural person,

42-1 association, partnership or corporation in connection with a

42-2 business conducted for profit or as a residence, or both, the

42-3 leasehold interest, possessory interest, beneficial interest or

42-4 beneficial use of the lessee or user of the property is subject to

42-5 taxation to the extent the:

42-6 (a) Portion of the property leased or used; and

42-7 (b) Percentage of time during the fiscal year that the property is

42-8 leased by the lessee or used by the user,

42-9 can be segregated and identified. The taxable value of the interest

42-10 or use must be determined in the manner provided in subsection 3

42-11 of NRS 361.227.

42-12 2. Subsection 1 does not apply to:

42-13 (a) Property located upon a public airport, park, market or

42-14 fairground or any property owned by a public airport, unless the

42-15 property owned by the public airport is not located upon the public

42-16 airport and the property is leased, loaned or otherwise made

42-17 available for purposes other than for the purposes of a public

42-18 airport, including, without limitation, residential, commercial or

42-19 industrial purposes;

42-20 (b) Federal property for which payments are made in lieu of

42-21 taxes in amounts equivalent to taxes which might otherwise be

42-22 lawfully assessed;

42-23 (c) Property of any state-supported educational institution;

42-24 (d) Property leased or otherwise made available to and used by a

42-25 natural person, private association, private corporation, municipal

42-26 corporation, quasi-municipal corporation or a political subdivision

42-27 under the provisions of the Taylor Grazing Act or by the United

42-28 States Forest Service or the Bureau of Reclamation of the United

42-29 States Department of the Interior;

42-30 (e) Property of any Indian or of any Indian tribe, band or

42-31 community which is held in trust by the United States or subject to a

42-32 restriction against alienation by the United States;

42-33 (f) Vending stand locations and facilities operated by blind

42-34 persons under the auspices of the bureau of services to the blind

42-35 and visually impaired of the rehabilitation division of the

42-36 department of employment, training and rehabilitation, whether or

42-37 not the property is owned by the federal, state or a local

42-38 government;

42-39 (g) Leases held by a natural person, corporation, association,

42-40 municipal corporation, quasi-municipal corporation or political

42-41 subdivision for development of geothermal resources, but only for

42-42 resources which have not been put into commercial production;

43-1 (h) The use of exempt property that is leased, loaned or made

43-2 available to a public officer or employee, incident to or in the

43-3 course of public employment;

43-4 (i) A parsonage owned by a recognized religious society or

43-5 corporation when used exclusively as a parsonage;

43-6 (j) Property owned by a charitable or religious organization all

43-7 or a portion of which is made available to and is used as a residence

43-8 by a natural person in connection with carrying out the activities of

43-9 the organization;

43-10 (k) Property owned by a governmental entity and used to provide

43-11 shelter at a reduced rate to elderly persons or persons having low

43-12 incomes;

43-13 (l) The occasional rental of meeting rooms or similar facilities

43-14 for periods of less than 30 consecutive days; or

43-15 (m) The use of exempt property to provide day care for children

43-16 if the day care is provided by a nonprofit organization.

43-17 3. Taxes must be assessed to lessees or users of exempt real

43-18 estate and collected in the same manner as taxes assessed to owners

43-19 of other real estate, except that taxes due under this section do not

43-20 become a lien against the property. When due, the taxes constitute a

43-21 debt due from the lessee or user to the county for which the taxes

43-22 were assessed and, if unpaid, are recoverable by the county in the

43-23 proper court of the county.

43-24 4. As used in this section, the term "park" does not include a

43-25 golf course.

43-26 Sec. 23. Sections 3, 17 and 23 of chapter 314, Statutes of Nevada

43-27 1997, at pages 1179, 1190 and 1193, respectively, are hereby amended to

43-28 read respectively as follows:

43-29 Sec. 3. NRS 200.366 is hereby amended to read as follows:

43-30 200.366 1. A person who subjects another person to sexual

43-31 penetration, or who forces another person to make a sexual

43-32 penetration on himself or another, or on a beast, against the

43-33 [victim’s] will of the victim or under conditions in which the

43-34 perpetrator knows or should know that the victim is mentally or

43-35 physically incapable of resisting or understanding the nature of his

43-36 conduct, is guilty of sexual assault.

43-37 2. Except as otherwise provided in subsection 3, a person who

43-38 commits a sexual assault is guilty of a category A felony and shall

43-39 be punished:

43-40 (a) If substantial bodily harm to the victim results from the

43-41 actions of the defendant committed in connection with or as a part

43-42 of the sexual assault, by imprisonment in the state prison:

43-43 (1) For life without the possibility of parole;

44-1 (2) For life with the possibility of parole, with eligibility for

44-2 parole beginning when a minimum of 15 years has been served; or

44-3 (3) For a definite term of 40 years, with eligibility for parole

44-4 beginning when a minimum of 15 years has been served.

44-5 (b) If no substantial bodily harm to the victim results [:

44-6 (1) By] , by imprisonment in the state prison [for] :

44-7 (1) For life, with the possibility of parole, with eligibility for

44-8 parole beginning when a minimum of 10 years has been served; or

44-9 (2) [By imprisonment in the state prison for] For a definite

44-10 term of 25 years, with eligibility for parole beginning when a

44-11 minimum of 10 years has been served.

44-12 3. A person who commits a sexual assault against a child under

44-13 the age of 16 years is guilty of a category A felony and shall be

44-14 punished:

44-15 (a) If the crime results in substantial bodily harm to the child, by

44-16 imprisonment in the state prison for life without the possibility of

44-17 parole.

44-18 (b) Except as otherwise provided in paragraph (c), if the crime

44-19 does not result in substantial bodily harm to the child, by

44-20 imprisonment in the state prison [for:

44-21 (1) Life] :

44-22 (1) For life with the possibility of parole, with eligibility for

44-23 parole beginning when a minimum of 20 years has been served; or

44-24 (2) [A] For a definite term of [not less than 5 years nor more

44-25 than 20 years, without the possibility of parole.] 20 years, with

44-26 eligibility for parole beginning when a minimum of 5 years has

44-27 been served.

44-28 (c) If the crime is committed against a child under the age of 14

44-29 years and does not result in substantial bodily harm to the child, by

44-30 imprisonment in the state prison for life with the possibility of

44-31 parole, with eligibility for parole beginning when a minimum of 20

44-32 years has been served.

44-33 Sec. 17. NRS 616B.374 is hereby amended to read as follows:

44-34 616B.374 1. Except as otherwise provided in this section, a

44-35 person shall not advertise or offer for sale in this state any policies

44-36 or memberships or solicit or receive any money, subscriptions,

44-37 applications, premiums, assessments, memberships or any other fee

44-38 or charge in connection with a proposed association of self-insured

44-39 public or private employers unless he has obtained a solicitor’s

44-40 permit from the commissioner.

44-41 2. To obtain a solicitor’s permit, a person must file a written

44-42 application with the commissioner. The application must include:

45-1 (a) The name, type and purposes of the association formed or

45-2 proposed to be formed or financed;

45-3 (b) The name, residential address, business, professional or

45-4 employment experience for the preceding 10 years and

45-5 qualifications of each person associated or to be associated as

45-6 director, promoter, manager, member of the board or in other

45-7 similar capacity in the association, or in the formation of the

45-8 proposed association or in the proposed financing, together with the

45-9 fingerprints of each person so associated or to be associated, on

45-10 forms furnished by the commissioner;

45-11 (c) A full disclosure of the terms of all pertinent understandings

45-12 and agreements existing or proposed among any persons or entities

45-13 so associated or to be associated, and a copy of each such

45-14 agreement;

45-15 (d) A copy of the articles of incorporation and bylaws of a

45-16 solicitor, if incorporated;

45-17 (e) The plan according to which solicitations are to be made and

45-18 a reasonably detailed estimate of all administrative and sales

45-19 expenses to be incurred;

45-20 (f) A copy of any certificate proposed to be offered, and a copy

45-21 of any proposed application therefor;

45-22 (g) A copy of any prospectus, offering circular, advertising or

45-23 sales literature or materials proposed to be used;

45-24 (h) Proof of an escrow account and agreement for the deposit of

45-25 all funds collected during the formation of the association; and

45-26 (i) Such additional pertinent information as the commissioner

45-27 may reasonably require.

45-28 3. The application must be accompanied by a fee of $500 for

45-29 the filing of the application and for the issuance of the permit, if

45-30 granted. A solicitor must submit this fee each year thereafter if he

45-31 continues to recruit new members for an association.

45-32 4. A person who violates subsection 1 is guilty of a category D

45-33 felony and shall be punished [by imprisonment in the state prison

45-34 for a definite term of not less than 1 year nor more than 6 years, or

45-35 by a fine of $5,000, or by both fine and imprisonment. A person

45-36 who is sentenced to imprisonment becomes eligible for parole when

45-37 he has served one-third of the definite term for which he has been

45-38 sentenced, less any credit earned to reduce his sentence pursuant to

45-39 chapter 209 of NRS.] as provided in NRS 193.130.

45-40 5. The provisions of this section do not apply to:

45-41 (a) A bona fide trade association that has been in existence for at

45-42 least 5 years and solicits members of its trade association; or

45-43 (b) A person who is employed by:

46-1 (1) Current members of an association; or

46-2 (2) Employers that are considering membership in an

46-3 association,

46-4 whose primary duties do not include solicitation of potential

46-5 members of the association.

46-6 Sec. 23. 1. This section and sections 2, [3,] 5 to 12,

46-7 inclusive, and 14 to 22, inclusive, become effective on October 1,

46-8 1997.

46-9 2. [Section] Sections 3 and 4 of this act [becomes] become

46-10 effective at 12:01 a.m. on October 1, 1997.

46-11 3. Sections 1 and 13 of this act become effective on July 1,

46-12 1998.

46-13 Sec. 24. Section 1 of chapter 330, Statutes of Nevada 1997, at page

46-14 1224, is hereby amended to read as follows:

46-15 Section 1. Chapter 37 of NRS is hereby amended by adding

46-16 thereto a new section to read as follows:

46-17 1. Except as otherwise provided in subsection 2, only a public

46-18 agency may exercise the power of eminent domain pursuant to

46-19 the provisions of this chapter.

46-20 2. Except as otherwise provided in section 23 of Senate Bill

46-21 No. 314 of this session, the power of eminent domain may be

46-22 exercised by a person who is not a public agency pursuant to NRS

46-23 37.230 and subsections 6, 8, 10, 13 and 16 of NRS 37.010.

46-24 3. As used in this section, "public agency" means an agency

46-25 or political subdivision of this state or the United States.

46-26 Sec. 25. Section 2 of chapter 331, Statutes of Nevada 1997, at page

46-27 1225, is hereby amended to read as follows:

46-28 Sec. 2. NRS 213.400 is hereby amended to read as follows:

46-29 213.400 1. If an offender is absent, without authorization,

46-30 from his residence, employment, treatment, including, but not

46-31 limited to, medical treatment, or any other activity authorized by the

46-32 division [:

46-33 1. He] , he shall be deemed an escaped prisoner [;] and shall be

46-34 punished as provided in NRS 212.090.

46-35 2. The chief parole and probation officer may issue a warrant

46-36 for [his arrest. A peace officer shall execute] the arrest of the

46-37 offender. The warrant must be executed by a peace officer in the

46-38 same manner as ordinary criminal process.

46-39 Sec. 26. Section 6 of chapter 345, Statutes of Nevada 1997, at page

46-40 1265, is hereby amended to read as follows:

46-41 Sec. 6. NRS 361A.031 is hereby amended to read as follows:

46-42 361A.031 1. "Converted to a higher use" means:

47-1 (a) A physical alteration of the surface of the property enabling it

47-2 to be used for a higher use;

47-3 (b) The recording of a final map or parcel map which creates one

47-4 or more parcels not intended for agricultural use;

47-5 (c) The existence of a final map or parcel map which creates one

47-6 or more parcels not intended for agricultural use; or

47-7 (d) A change in zoning to a higher use made at the request of the

47-8 owner.

47-9 2. The term does not apply to the property remaining after a

47-10 portion of the parcel is converted to higher use pursuant to

47-11 paragraph (b) or (c) of subsection 1 if the remaining portion

47-12 continues to qualify as agricultural real property.

47-13 3. The term does not include leasing the land to or otherwise

47-14 permitting the land to be used by an agricultural association

47-15 formed pursuant to chapter 547 of NRS.

47-16 4. As used in this section:

47-17 (a) "Final map" has the meaning ascribed to it in NRS 278.0145.

47-18 (b) "Parcel map" has the meaning ascribed to it in NRS 278.017.

47-19 Sec. 27. Section 2 of chapter 355, Statutes of Nevada 1997, at page

47-20 1291, is hereby amended to read as follows:

47-21 Sec. 2. NRS 250.040 is hereby amended to read as follows:

47-22 250.040 In case of a vacancy in the office of the county

47-23 assessor, or failure of any county assessor to qualify as required in

47-24 this chapter, the board of county commissioners, within 45 days

47-25 after the vacancy or failure to qualify occurs, shall appoint [some

47-26 suitable person possessing the qualifications of an elector, residing

47-27 within such county,] a person pursuant to NRS 245.170 to fill the

47-28 vacancy. The person [thus] appointed shall give bond and take the

47-29 oath of office prescribed by law that is required of county assessors

47-30 elected by the people . [, and shall hold his office until the next

47-31 ensuing biennial election.]

47-32 Sec. 28. Section 2 of chapter 377, Statutes of Nevada 1997, at page

47-33 1325, is hereby amended to read as follows:

47-34 Sec. 2. NRS 207.080 is hereby amended to read as follows:

47-35 207.080 1. Except as otherwise provided in subsection 2, as

47-36 used in NRS 207.080 to 207.150, inclusive, and section 1 of this

47-37 act, unless the context otherwise requires, "convicted person"

47-38 means:

47-39 (a) [Any] A person convicted in the State of Nevada of an

47-40 offense that is punishable as a felony or convicted in any place

47-41 other than the State of Nevada of a felony [or any other offense

47-42 which is punishable by imprisonment for 1 year or more.

47-43 (b) Any] ;

48-1 (b) A person convicted in the State of Nevada, or elsewhere, of

48-2 the violation of [any] a law, regardless of whether [or not] the

48-3 violation is punishable as a felony:

48-4 (1) Relating to or regulating the possession, distribution,

48-5 furnishing or use of [any] a habit-forming drug of the kind or

48-6 character described and referred to in the Uniform Controlled

48-7 Substances Act ; [.]

48-8 (2) Regulating or prohibiting the carrying, possession or

48-9 ownership of [any] a concealed weapon, [or] deadly weapon [, or

48-10 any] or weapon capable of being concealed, or regulating or

48-11 prohibiting the possession, sale or use of [any] a device, instrument

48-12 or attachment designed or intended to be used to silence the report

48-13 or conceal the discharge or flash of any firearm [.] ; or

48-14 (3) Regulating or prohibiting the use, possession, manufacture

48-15 or compounding of tear gas, or any other gas, [which] that may be

48-16 used to disable temporarily or permanently [any] a human being [.

48-17 (c) Any person convicted of a crime in the State of Nevada

48-18 pursuant to the provisions of NRS 122.220, 201.120 to 201.170,

48-19 inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400,

48-20 inclusive, 201.420, 202.040, 202.055, 202.200 to 202.230,

48-21 inclusive, 202.2493, 212.170, 212.180, 433.564, 451.010 to

48-22 451.040, inclusive, 452.300, 465.070 to 465.085, inclusive,

48-23 646.010 to 646.060, inclusive, or 647.110 to 647.145, inclusive, or

48-24 chapter 462 of NRS, or convicted in any place other than the State

48-25 of Nevada of an offense which, if committed in this state, would

48-26 have been punishable under one or more of those sections.

48-27 (d) Any] ; or

48-28 (c) A person convicted in the State of Nevada , or elsewhere , of

48-29 [any] an attempt or a conspiracy to commit [any] an offense

48-30 described or referred to in NRS 207.080 to 207.150, inclusive.

48-31 2. For the purposes of NRS 207.080 to 207.150, inclusive,

48-32 "convicted person" does not include:

48-33 (a) A person who has been convicted of a crime against a child,

48-34 as defined in section 34 of [this act,] Senate Bill No. 325 of this

48-35 session, or a sexual offense, as defined in section 48 of [this act;]

48-36 Senate Bill No. 325 of this session; or

48-37 (b) Except as otherwise provided in NRS 207.090 to 207.150,

48-38 inclusive, a person whose conviction is or has been set aside in the

48-39 manner provided by law.

49-1 Sec. 29. 1. Section 31 of chapter 390, Statutes of Nevada 1997, at

49-2 page 1377, is hereby amended to read as follows:

49-3 Sec. 31. 1. This section and sections 1 to 10, inclusive, [and]

49-4 13 to 26, inclusive, and 27 to 30, inclusive, of this act become

49-5 effective upon passage and approval.

49-6 2. Sections 11 and 12 of this act become effective upon passage

49-7 and approval for the purpose of appointing members to the advisory

49-8 board on the repair of motor vehicles and on July 1, 1997, for all

49-9 other purposes, and expire by limitation on July 1, 1999.

49-10 3. Section 26.1 of this act becomes effective on July 2, 1999.

49-11 2. Chapter 390, Statutes of Nevada 1997, at page 1376, is hereby

49-12 amended by adding thereto a new section to be designated as section 26.1,

49-13 immediately following section 26, to read as follows:

49-14 Sec. 26.1. Sections 2 and 8 of this act are hereby amended to

49-15 read respectively as follows:

49-16 Sec. 2. As used in sections 2 to [12,] 10, inclusive, of this

49-17 act, unless the context otherwise requires, the words and terms

49-18 defined in sections 3 to 6, inclusive, of this act have the meanings

49-19 ascribed to them in those sections.

49-20 Sec. 8. 1. On and after January 1, 1998, a garageman shall

49-21 register with the department for authorization to operate a garage.

49-22 2. An application for registration must be on a form provided

49-23 by the department. The application must include:

49-24 (a) The name of the applicant, including each name under

49-25 which he intends to do business;

49-26 (b) The complete street address of each location from which

49-27 the applicant will be conducting business, including a designation

49-28 of the location that will be his principal place of business;

49-29 (c) A copy of the business license for each garage operated by

49-30 the applicant if the county or city in which the applicant operates

49-31 a garage requires such a license;

49-32 (d) The type of repair work offered at each garage operated by

49-33 the applicant;

49-34 (e) The number of mechanics employed at each garage

49-35 operated by the applicant; and

49-36 (f) Any other information required by the department.

49-37 3. For each garage operated by an applicant, the department

49-38 shall charge a fee of $25 for the issuance or renewal of

49-39 registration. If an applicant operates more than one garage, he

49-40 may file one application if he clearly indicates on the application

49-41 the location of each garage operated by the applicant and each

49-42 person responsible for the management of each garage.

50-1 4. [Except as otherwise provided in section 11 of this act, all]

50-2 All fees collected pursuant to this section must be deposited with

50-3 the state treasurer to the credit of the account for regulation of

50-4 salvage pools, automobile wreckers, body shops and garages.

50-5 5. An applicant for registration or renewal of registration

50-6 shall notify the department of any material change in the

50-7 information contained in his application for registration or

50-8 renewal within 10 days after his knowledge of the change.

50-9 Sec. 30. Section 4 of chapter 392, Statutes of Nevada 1997, at page

50-10 1380, is hereby amended to read as follows:

50-11 Sec. 4. NRS 504.165 is hereby amended to read as follows:

50-12 504.165 1. The commission shall adopt regulations governing

50-13 the disbursement of money to:

50-14 (a) Prevent or mitigate damage to private property and privately

50-15 maintained improvements; and

50-16 (b) Compensate persons for grazing reductions and the loss of

50-17 stored and standing crops,

50-18 caused by elk or game mammals not native to this state.

50-19 2. The regulations must contain:

50-20 (a) Requirements for the eligibility of those persons claiming

50-21 damage to private property or privately maintained improvements to

50-22 receive money or materials from the division, including a

50-23 requirement that such a person enter into a cooperative agreement

50-24 with the administrator for purposes related to this Title.

50-25 (b) Procedures for the formation of local panels to assess

50-26 damage caused by elk or game mammals not native to this state and

50-27 to determine the value of a loss claimed if the person claiming the

50-28 loss and the division do not agree on the value of the loss.

50-29 (c) Procedures for the use on private property of materials

50-30 purchased by the state to prevent damage caused by elk or game

50-31 mammals not native to this state.

50-32 (d) Any other regulations necessary to carry out the provisions of

50-33 this section and NRS 504.155 and 504.175.

50-34 3. The regulations must:

50-35 (a) Provide for the payment of money or other compensation

50-36 to cover the costs of labor and materials necessary to prevent or

50-37 mitigate damage to private property and privately maintained

50-38 improvements caused by elk or game mammals not native to this

50-39 state.

50-40 (b) Prohibit a person who has, within a particular calendar

50-41 year, applied for or received a special incentive elk tag pursuant

50-42 to section 2 of this act from applying, within the same calendar

51-1 year, for compensation pursuant to this section for the same

51-2 private land.

51-3 4. Money may not be disbursed to a claimant pursuant to this

51-4 section unless the claimant shows by a preponderance of the

51-5 evidence that the damage for which he is seeking compensation was

51-6 caused solely by elk or game mammals not native to this state.

51-7 Sec. 31. Sections 2 to 5, inclusive, of chapter 395, Statutes of Nevada

51-8 1997, at pages 1385 and 1386, are hereby amended to read respectively as

51-9 follows:

51-10 Sec. 2. NRS 483.810 is hereby amended to read as follows:

51-11 483.810 The legislature finds and declares that:

51-12 1. A need exists in this state for the creation of a system of

51-13 identification for:

51-14 (a) Residents who are 10 years of age or older and who do not

51-15 hold a valid driver’s license or identification card from any state or

51-16 jurisdiction; and

51-17 (b) Seasonal residents who are 10 years of age or older and who

51-18 do not hold a valid Nevada driver’s license.

51-19 2. To serve this purpose, official identification cards must be

51-20 prepared for issuance to those residents and seasonal residents who

51-21 are 10 years of age or older and who [wish to] apply and qualify for

51-22 them. The cards must be designed in such form and distributed

51-23 pursuant to such controls that they will merit the general

51-24 acceptability of drivers’ licenses for personal identification.

51-25 Sec. 3. NRS 483.820 is hereby amended to read as follows:

51-26 483.820 1. A person who [makes an application pursuant to

51-27 this chapter who:

51-28 (a) Is a] applies for an identification card in accordance with

51-29 the provisions of NRS 483.810 to 483.890, inclusive, is entitled to

51-30 receive an identification card if he is:

51-31 (a) A resident of this state and is 10 years of age or older and

51-32 does not hold a valid driver’s license or identification card from any

51-33 state or jurisdiction; or

51-34 (b) [Is a] A seasonal resident who does not hold a valid Nevada

51-35 driver’s license . [,

51-36 is entitled to receive an identification card.]

51-37 2. The department shall charge and collect the following fees

51-38 for issuance of an original, duplicate and changed identification

51-39 card:

51-40 An original or duplicate identification card issued to a

51-41 person 65 years of age or older $4

52-1 An original or duplicate identification card issued to a

52-2 person under 18 years of age $3

52-3 An original or duplicate identification card issued to any

52-4 other person 9

52-5 A new photograph [,] or change of name, [change of other

52-6 information, except address, or any combination] or

52-7 both 4

52-8 3. The department shall not charge a fee for an identification

52-9 card issued to a person who has voluntarily surrendered his driver’s

52-10 license pursuant to NRS 483.420.

52-11 Sec. 4. NRS 483.850 is hereby amended to read as follows:

52-12 483.850 1. Every application for an identification card must

52-13 be made upon a form provided by the department and include:

52-14 (a) The applicant’s full name.

52-15 (b) His social security number, if any.

52-16 (c) His date of birth.

52-17 (d) His state of legal residence.

52-18 (e) His current address in this state, unless the applicant is on

52-19 active duty in the military service of the United States.

52-20 (f) A statement from:

52-21 (1) A resident stating that he does not hold a valid driver’s

52-22 license or identification card from any state or jurisdiction; or

52-23 (2) A seasonal resident stating that he does not hold a valid

52-24 Nevada driver’s license.

52-25 2. When the form is completed, the applicant must sign the

52-26 form and verify the contents before a person authorized to

52-27 administer oaths.

52-28 3. At the time of applying for an identification card, an

52-29 applicant may, if eligible, register to vote pursuant to NRS 293.524.

52-30 4. A person who possesses a driver’s license or identification

52-31 card issued by another state or jurisdiction who wishes to apply

52-32 for an identification card pursuant to this section shall surrender

52-33 to the department the driver’s license or identification card issued

52-34 by the other state or jurisdiction at the time he applies for an

52-35 identification card pursuant to this section.

52-36 Sec. 5. NRS 483.870 is hereby amended to read as follows:

52-37 483.870 1. An identification card that is issued to:

52-38 (a) A seasonal resident remains valid so long as the person does

52-39 not become licensed in Nevada to drive a motor vehicle and the

52-40 facts and circumstances declared in the application and stated [in]

52-41 on the card do not change. An identification card must be

53-1 surrendered by a seasonal resident upon issuance of a Nevada

53-2 driver’s license.

53-3 (b) A resident remains valid so long as the person does not

53-4 become licensed in any state or jurisdiction to drive a motor vehicle

53-5 and the facts and circumstances declared in the application and

53-6 stated [in] on the card do not change. An identification card must be

53-7 surrendered by a resident upon issuance of a driver’s license from

53-8 any state or jurisdiction.

53-9 2. The holder of an identification card shall promptly report

53-10 any change in the information declared in the application and stated

53-11 in the card to the department.

53-12 3. Any change occurring in the holder’s address or name as the

53-13 result of marriage or otherwise or any loss of an identification card

53-14 must be reported within 10 days after the occurrence to the

53-15 department.

53-16 Sec. 32. 1. Section 1 of chapter 398, Statutes of Nevada 1997, at

53-17 page 1392, is hereby amended to read as follows:

53-18 Section 1. NRS 375.070 is hereby amended to read as follows:

53-19 375.070 1. The county recorder shall transmit the proceeds of

53-20 the real property transfer tax at the end of each quarter in the

53-21 following manner:

53-22 (a) An amount equal to that portion of the proceeds which is

53-23 equivalent to 10 cents for each $500 of value or fraction thereof

53-24 must be transmitted to the state treasurer who shall deposit that

53-25 amount in the account for low-income housing created pursuant to

53-26 NRS 319.500.

53-27 (b) In a county whose population is more than 400,000, an

53-28 amount equal to that portion of the proceeds which is equivalent to

53-29 60 cents for each $500 of value or fraction thereof must be

53-30 transmitted to the county treasurer for deposit in the county school

53-31 district’s fund for capital projects established pursuant to NRS

53-32 387.328, to be held and expended in the same manner as other

53-33 money deposited in that fund.

53-34 (c) The remaining proceeds must be transmitted to the county

53-35 treasurer, who shall in Carson City, and in any county where there

53-36 are no incorporated cities, deposit them all in the general fund, and

53-37 in other counties deposit 25 percent of them in the general fund and

53-38 apportion the remainder as follows:

53-39 (1) If there is one incorporated city in the county, between that

53-40 city and the county general fund in proportion to the respective

53-41 populations of the city and the unincorporated area of the county.

53-42 (2) If there are two or more cities in the county, among the

53-43 cities in proportion to their respective populations.

54-1 2. If there is any incorporated city in a county, the county

54-2 recorder shall charge each city a fee equal to 2 percent of the real

54-3 property transfer tax which is transferred to that city.

54-4 3. In addition to any other authorized use of the proceeds it

54-5 receives pursuant to subsection 1, a county or city may use the

54-6 proceeds to pay expenses related to or incurred for the

54-7 development of affordable housing for families whose income

54-8 does not exceed 80 percent of the median income for families

54-9 residing in the same county, as that percentage is defined by the

54-10 United States Department of Housing and Urban Development. A

54-11 county or city that uses the proceeds in that manner must give

54-12 priority to the development of affordable housing for persons who

54-13 are disabled or elderly.

54-14 4. The expenses authorized by subsection 3 include, but are

54-15 not limited to:

54-16 (a) The costs to acquire land and developmental rights;

54-17 (b) Related predevelopment expenses;

54-18 (c) The costs to develop the land, including the payment of

54-19 related rebates;

54-20 (d) Contributions toward down payments made for the

54-21 purchase of affordable housing; and

54-22 (e) The creation of related trust funds.

54-23 2. Chapter 398, Statutes of Nevada 1997, at page 1393, is hereby

54-24 amended by adding thereto a new section to be designated as section 2,

54-25 immediately following section 1, to read as follows:

54-26 Sec. 2. Section 19 of chapter 660, Statutes of Nevada 1997, at

54-27 page 3288, is hereby amended to read as follows:

54-28 Sec. 19. NRS 375.070 is hereby amended to read as follows:

54-29 375.070 1. The county recorder shall transmit the proceeds

54-30 of the real property transfer tax at the end of each quarter in the

54-31 following manner:

54-32 (a) An amount equal to that portion of the proceeds which is

54-33 equivalent to 10 cents for each $500 of value or fraction thereof

54-34 must be transmitted to the state treasurer who shall deposit that

54-35 amount in the account for low-income housing created pursuant

54-36 to NRS 319.500.

54-37 (b) In a county whose population is more than 400,000, an

54-38 amount equal to that portion of the proceeds which is equivalent

54-39 to 60 cents for each $500 of value or fraction thereof must be

54-40 transmitted to the county treasurer for deposit in the county

54-41 school district’s fund for capital projects established pursuant to

54-42 NRS 387.328, to be held and expended in the same manner as

54-43 other money deposited in that fund.

55-1 (c) The remaining proceeds must be transmitted to the [county

55-2 treasurer, who shall in Carson City, and in any county where

55-3 there are no incorporated cities, deposit them all in the general

55-4 fund, and in other counties deposit 25 percent of them in the

55-5 general fund and apportion the remainder as follows:

55-6 (1) If there is one incorporated city in the county, between

55-7 that city and the county general fund in proportion to the

55-8 respective populations of the city and the unincorporated area of

55-9 the county.

55-10 (2) If there are two or more cities in the county, among the

55-11 cities in proportion to their respective populations.

55-12 2. If there is any incorporated city in a county, the county

55-13 recorder shall charge each city a fee equal to 2 percent of the real

55-14 property transfer tax which is transferred to that city.

55-15 3.] state treasurer for deposit in the local government tax

55-16 distribution fund created by section 8 of this act for credit to the

55-17 respective accounts of Carson City and each county.

55-18 2. In addition to any other authorized use of the proceeds it

55-19 receives pursuant to subsection 1, a county or city may use the

55-20 proceeds to pay expenses related to or incurred for the

55-21 development of affordable housing for families whose income

55-22 does not exceed 80 percent of the median income for families

55-23 residing in the same county, as that percentage is defined by the

55-24 United States Department of Housing and Urban Development. A

55-25 county or city that uses the proceeds in that manner must give

55-26 priority to the development of affordable housing for persons

55-27 who are disabled or elderly.

55-28 [4.] 3. The expenses authorized by subsection [3] 2 include,

55-29 but are not limited to:

55-30 (a) The costs to acquire land and developmental rights;

55-31 (b) Related predevelopment expenses;

55-32 (c) The costs to develop the land, including the payment of

55-33 related rebates;

55-34 (d) Contributions toward down payments made for the

55-35 purchase of affordable housing; and

55-36 (e) The creation of related trust funds.

55-37 Sec. 33. Section 2 of chapter 399, Statutes of Nevada 1997, at page

55-38 1394, is hereby amended to read as follows:

55-39 Sec. 2. NRS 616C.230 is hereby amended to read as follows:

55-40 616C.230 1. Compensation is not payable pursuant to the

55-41 provisions of chapters 616A to 616D, inclusive, of NRS for an

55-42 injury:

55-43 (a) Caused by the employee’s willful intention to injure himself.

56-1 (b) Caused by the employee’s willful intention to injure another.

56-2 (c) Proximately caused by the employee’s intoxication. If the

56-3 employee was intoxicated at the time of his injury, intoxication

56-4 must be presumed to be a proximate cause unless rebutted by

56-5 evidence to the contrary.

56-6 (d) Proximately caused by the employee’s use of a controlled

56-7 substance. If the employee had any amount of a controlled

56-8 substance in his system at the time of his injury for which the

56-9 employee did not have a current and lawful prescription issued in

56-10 his name, the controlled substance must be presumed to be a

56-11 proximate cause unless rebutted by evidence to the contrary.

56-12 2. For the purposes of paragraphs (c) and (d) [, the] of

56-13 subsection 1:

56-14 (a) The affidavit or declaration of an expert or other person

56-15 described in NRS 50.315 is admissible to prove the existence of any

56-16 alcohol or the existence, quantity or identity of a controlled

56-17 substance in an employee’s system. If the affidavit or declaration is

56-18 to be so used, it must be submitted in the manner prescribed in NRS

56-19 616C.355.

56-20 [2.] (b) When an examination requested or ordered includes

56-21 testing for the use of alcohol or a controlled substance:

56-22 (1) If the laboratory that conducts the testing is located in a

56-23 county whose population is 100,000 or more and the testing is of

56-24 urine, the laboratory must be certified for forensic testing of urine

56-25 for drugs by the College of American Pathologists or a successor

56-26 organization or by the federal Department of Health and Human

56-27 Services; and

56-28 (2) Any such testing of breath for alcohol must be

56-29 performed pursuant to the regulations of the federal Department

56-30 of Transportation.

56-31 3. No compensation is payable for the death, disability or

56-32 treatment of an employee if his death is caused by, or insofar as his

56-33 disability is aggravated, caused or continued by, an unreasonable

56-34 refusal or neglect to submit to or to follow any competent and

56-35 reasonable surgical treatment or medical aid.

56-36 [3.] 4. If any employee persists in an unsanitary or injurious

56-37 practice that imperils or retards his recovery, or refuses to submit to

56-38 such medical or surgical treatment as is necessary to promote his

56-39 recovery, his compensation may be reduced or suspended.

56-40 [4.] 5. An injured employee’s compensation, other than

56-41 accident benefits, must be suspended if:

56-42 (a) A physician or chiropractor determines that the employee is

56-43 unable to undergo treatment, testing or examination for the

57-1 industrial injury solely because of a condition or injury that did not

57-2 arise out of and in the course of his employment; and

57-3 (b) It is within the ability of the employee to correct the

57-4 nonindustrial condition or injury.

57-5 The compensation must be suspended until the injured employee is

57-6 able to resume treatment, testing or examination for the industrial

57-7 injury. The insurer may elect to pay for the treatment of the

57-8 nonindustrial condition or injury.

57-9 Sec. 34. 1. Section 3 of chapter 408, Statutes of Nevada 1997, at

57-10 page 1420, is hereby amended to read as follows:

57-11 Sec. 3. NRS 50.320 is hereby amended to read as follows:

57-12 50.320 1. The affidavit or declaration of a chemist and any

57-13 other person who has qualified in the district court of any county to

57-14 testify as an expert witness regarding the presence in the breath,

57-15 blood or urine of a person of alcohol, a controlled substance, or a

57-16 chemical, poison or organic solvent, or the identity or quantity of a

57-17 controlled substance alleged to have been in the possession of a

57-18 person, which is submitted to prove:

57-19 (a) The quantity of the purported controlled substance; or

57-20 (b) The amount of alcohol or the presence or absence of a

57-21 controlled substance, chemical, poison or organic solvent, as the

57-22 case may be,

57-23 is admissible in the manner provided in this section.

57-24 2. An affidavit or declaration which is submitted to prove any

57-25 fact set forth in subsection 1 must be admitted into evidence when

57-26 submitted during any administrative proceeding, preliminary

57-27 hearing or hearing before a grand jury. The court shall not sustain

57-28 any objection to the admission of such an affidavit [.] or

57-29 declaration.

57-30 3. The defendant may object in writing to admitting into

57-31 evidence an affidavit or declaration submitted to prove any fact set

57-32 forth in subsection 1 during his trial. If the defendant makes such an

57-33 objection, the court shall not admit the affidavit or declaration into

57-34 evidence and the prosecution may cause the person to testify in

57-35 court to any information contained in the affidavit [.] or

57-36 declaration.

57-37 4. The committee on testing for intoxication shall adopt

57-38 regulations prescribing the form of the affidavits and declarations

57-39 described in this section.

58-1 2. Chapter 408, Statutes of Nevada 1997, at page 1422, is hereby

58-2 amended by adding thereto a new section to be designated as section 5.1,

58-3 immediately following section 5, to read as follows:

58-4 Sec. 5.1. Section 1 of chapter 708, Statutes of Nevada 1995, at

58-5 page 2712, is hereby amended to read as follows:

58-6 Section 1. Chapter 50 of NRS is hereby amended by adding

58-7 thereto a new section to read as follows:

58-8 1. The affidavit of a chemist and any other person who has

58-9 qualified in the district court of any county to testify as an

58-10 expert witness regarding the presence in the breath, blood or

58-11 urine of a person of alcohol, a controlled substance, or a

58-12 chemical, poison or organic solvent, or the identity or quantity

58-13 of a controlled substance alleged to have been in the possession

58-14 of a person, which is submitted to prove:

58-15 (a) The quantity of the purported controlled substance; or

58-16 (b) The amount of alcohol or the presence or absence of a

58-17 controlled substance, chemical, poison or organic solvent, as

58-18 the case may be,

58-19 is admissible in the manner provided in this section.

58-20 2. An affidavit which is submitted to prove any fact set

58-21 forth in subsection 1 must be admitted into evidence when

58-22 submitted during any administrative proceeding, preliminary

58-23 hearing or hearing before a grand jury. The court shall not

58-24 sustain any objection to the admission of such an affidavit.

58-25 3. The defendant may object in writing to admitting into

58-26 evidence an affidavit submitted to prove any fact set forth in

58-27 subsection 1 during his trial. If the defendant makes such an

58-28 objection, the court shall not admit the affidavit into evidence

58-29 and the prosecution may cause the person to testify in court to

58-30 any information contained in the affidavit.

58-31 4. The committee on testing for intoxication shall adopt

58-32 regulations prescribing the form of the affidavits described in

58-33 this section.

58-34 Sec. 35. Sections 3, 12, 21, 22, 23, 26, 41, 49, 62, 62.5, 63, 65, 67, 70,

58-35 72, 74, 79 and 81 of chapter 410, Statutes of Nevada 1997, at pages 1423,

58-36 1427, 1431, 1432, 1438, 1441, and 1449 to 1457, inclusive, are hereby

58-37 amended to read respectively as follows:

58-38 Sec. 3. Section 60 of chapter 580, Statutes of Nevada 1995, at

58-39 page 2014, is hereby amended to read as follows:

58-40 Sec. 60. NRS 616A.470 is hereby amended to read as

58-41 follows:

58-42 616A.470 1. Except as otherwise provided in subsection 2,

58-43 each self-insured employer , [and] association of self-insured

59-1 public or private employers and private carrier shall compensate

59-2 the system, the office of the Nevada attorney for injured workers

59-3 or the hearings division of the department of administration, as

59-4 appropriate, for all services which the system, the occupational

59-5 safety and health review board, the Nevada attorney for injured

59-6 workers, the mediators and the appeals officers provide to those

59-7 employers . [if the rate is established by a regulation of the

59-8 system.] The cost of any service [for which a rate is not

59-9 established by regulation] must be negotiated by the employer ,

59-10 [or] association or private carrier and the system, the Nevada

59-11 attorney for injured workers or the division, as appropriate,

59-12 before the employer , [or] association or private carrier is

59-13 charged for the service.

59-14 2. All compensation must be on the basis of actual cost and

59-15 not on a basis which includes any subsidy for the system, the

59-16 office of the Nevada attorney for injured workers, the division or

59-17 other employers.

59-18 Sec. 12. Section 17 of chapter 580, Statutes of Nevada 1995,

59-19 at page 2001, is hereby amended to read as follows:

59-20 Sec. 17. 1. Every policy of insurance issued pursuant to

59-21 chapters 616A to 617, inclusive, of NRS must contain a

59-22 provision for the requirements of subsection 5 and a provision

59-23 that insolvency or bankruptcy of the employer or his estate, or

59-24 discharge therein, or any default of the employer does not

59-25 relieve the insurer from liability for compensation resulting

59-26 from an injury otherwise covered under the policy issued by the

59-27 insurer.

59-28 2. No statement in an employer’s application for a policy of

59-29 industrial insurance voids the policy as between the insurer and

59-30 employer unless the statement is false and would have

59-31 materially affected the acceptance of the risk if known by the

59-32 insurer, but in no case does the invalidation of a policy as

59-33 between the insurer and employer affect the insurer’s

59-34 obligation to provide compensation to claimants arising before

59-35 the cancellation of the policy. If the insurer is required

59-36 pursuant to this subsection to provide compensation under an

59-37 invalid policy, the insurer is subrogated to the claimant’s rights

59-38 against the employer.

59-39 3. If an insurer or employer intends to cancel or renew a

59-40 policy of insurance issued by the insurer pursuant to chapters

59-41 616A to 617, inclusive, of NRS, the insurer or employer must

59-42 give notice to that effect in writing to the administrator and to

59-43 the other party fixing the date on which it is proposed that the

60-1 cancellation or renewal becomes effective. The notices must

60-2 comply with the provisions of NRS 687B.310 to 687B.355,

60-3 inclusive, and must be served personally on or sent by first-

60-4 class mail or electronic transmission to the administrator and

60-5 the other party. If the employer has secured insurance with

60-6 another insurer which would cause double coverage, the

60-7 cancellation must be made effective as of the effective date of

60-8 the other insurance.

60-9 4. As between any claimant and the insurer, no defense

60-10 based on any act or omission of the insured employer, if

60-11 different from the insurer, may be raised by the insurer.

60-12 5. For the purposes of chapters 616A to 617, inclusive, of

60-13 NRS, as between the employee and the insurer:

60-14 (a) Except as otherwise provided in NRS 616C.065, notice or

60-15 knowledge of the injury to or by the employer is notice or

60-16 knowledge to or by the insurer;

60-17 (b) Jurisdiction over the employer is jurisdiction over the

60-18 insurer; and

60-19 (c) The insurer is bound by and subject to any judgments,

60-20 findings of fact, conclusions of law, awards, decrees, orders or

60-21 decisions rendered against the employer in the same manner

60-22 and to the same extent as the employer.

60-23 Sec. 21. Section 85 of chapter 580, Statutes of Nevada 1995,

60-24 at page 2024, is hereby amended to read as follows:

60-25 Sec. 85. NRS 616B.215 is hereby amended to read as

60-26 follows:

60-27 616B.215 1. Except as otherwise provided in subsection 2:

60-28 (a) A principal contractor or an owner of property acting as a

60-29 principal contractor aggrieved by a letter issued pursuant to NRS

60-30 616B.645; or

60-31 (b) [An employer aggrieved by a written decision of an

60-32 employee of the system on a matter relating to the employer’s

60-33 account; or

60-34 (c)] An employer aggrieved by a determination made pursuant

60-35 to NRS 616C.585,

60-36 may appeal from the letter [, decision] or determination by filing

60-37 a notice of appeal with the [manager or his designee]

60-38 administrator within 30 days after the date of the letter [,

60-39 decision] or determination.

60-40 2. An employer shall not seek to remove costs that have been

60-41 charged to his account by appealing to the [manager or his

60-42 designee] administrator any issue that relates to a claim for

60-43 compensation if the issue was raised or could have been raised [,]

61-1 before a hearing officer or an appeals officer pursuant to NRS

61-2 616C.315 or 616C.345.

61-3 3. The decision of the [manager or his designee]

61-4 administrator is the final and binding administrative

61-5 determination of an appeal filed pursuant to this section, and the

61-6 whole record consists of all evidence taken at the hearing before

61-7 the [manager or his designee] administrator and any findings of

61-8 fact [and conclusions of law] based thereon.

61-9 [4. As used in this section, matters relating to an employer’s

61-10 account:

61-11 (a) Include, but are not limited to, an audit of the employer’s

61-12 account and a determination of the appropriate classification of

61-13 risk for an employer’s business.

61-14 (b) Do not include a revision of premium rates or

61-15 classifications of employment pursuant to NRS 616B.206.]

61-16 Sec. 22. Section 88 of chapter 580, Statutes of Nevada 1995,

61-17 at page 2025, is hereby amended to read as follows:

61-18 Sec. 88. NRS 616B.224 is hereby amended to read as

61-19 follows:

61-20 616B.224 1. Every employer [insured by the system] who

61-21 is not a self-insured employer or a member of an association of

61-22 self-insured public or private employers shall, at intervals

61-23 established by [the manager,] his insurer, furnish the [system]

61-24 insurer with a true and accurate payroll showing:

61-25 (a) The total amount paid to employees for services

61-26 performed;

61-27 (b) The amount of tips reported to him by every employee

61-28 pursuant to 26 U.S.C. § 6053(a) [,] whose tips in cash totaled $20

61-29 or more; and

61-30 (c) A segregation of employment in accordance with the

61-31 requirements of the [system,] commissioner,

61-32 together with the premium due thereon. The payroll and premium

61-33 must be furnished to the [system] insurer on or before the date

61-34 established by the [manager] insurer for the receipt of the payroll

61-35 and premium.

61-36 2. [In determining the total amount paid to employees by

61-37 each employer for services performed during a calendar year, the

61-38 maximum amount paid by each employer to any one employee

61-39 during the calendar year shall be deemed to be the first $36,000

61-40 paid to the employee during the calendar year.

61-41 3. Except as otherwise provided in this subsection, any] Any

61-42 employer by agreement in writing with the [manager] insurer

61-43 may arrange for the payment of premiums in advance [for a

62-1 period of more than 60 days. If an employer’s premiums are less

62-2 than $300 in a given year, the premiums must be paid at

62-3 intervals] at an interval established by the [manager.

62-4 4.] insurer.

62-5 3. Failure of any employer to comply with the provisions of

62-6 this section and NRS 616B.218 operates as a rejection of

62-7 chapters 616A to 616D, inclusive, of NRS, effective at the

62-8 expiration of the period covered by his estimate. The [manager]

62-9 insurer shall notify the administrator of each such rejection.

62-10 [5.] 4. If an audit of the accounts or actual payroll of an

62-11 employer shows that the actual premium earned exceeds the

62-12 estimated premium paid in advance, the [manager] insurer may

62-13 require the payment of money sufficient to cover the deficit,

62-14 together with such amount as in his judgment constitutes an

62-15 adequate advance premium for the period covered by the

62-16 estimate.

62-17 [6. The manager]

62-18 5. The insurer shall notify any employer or his

62-19 representative by first-class mail of any failure on his part to

62-20 comply with the provisions of this section. The notice or its

62-21 omission does not modify or waive the requirements or effective

62-22 rejection of chapters 616A to 616D, inclusive, of NRS as

62-23 otherwise provided in those chapters.

62-24 [7.] 6. The system may impose a penalty not to exceed [4]

62-25 10 percent of the premiums which are due for the failure of an

62-26 employer insured by the system to submit the information and

62-27 premium required in subsection 1 within the time allowed, unless

62-28 the employer has applied for and been granted an extension of

62-29 that time by the manager.

62-30 [8.] 7. To the extent permitted by federal law, the [system]

62-31 insurer shall vigorously pursue the collection of premiums that

62-32 are due under the provisions of chapters 616A to 616D,

62-33 inclusive, of NRS even if an employer’s debts have been

62-34 discharged in a bankruptcy proceeding.

62-35 Sec. 23. NRS 616B.236 is hereby amended to read as follows:

62-36 616B.236 Except as otherwise provided in NRS 616D.200,

62-37 when any premium of an employer [insured by the system as

62-38 provided in chapters 616A to 616D, inclusive, of NRS] remains

62-39 unpaid on the date on which it becomes due, as prescribed by NRS

62-40 616B.224, it bears interest at the rate of 1 percent for each month or

62-41 portion of a month thereafter until payment of the premium, plus

62-42 accrued interest, is received by the [manager.] insurer.

63-1 Sec. 26. Section 22 of chapter 580, Statutes of Nevada 1995,

63-2 at page 2003, is hereby amended to read as follows:

63-3 Sec. 22. 1. The commissioner shall suspend the

63-4 authorization of a private carrier to provide industrial

63-5 insurance for 1 year if the commissioner finds that the private

63-6 carrier has intentionally or repeatedly failed to comply with the

63-7 provisions of chapters 616A to 616D, inclusive, or chapter 617

63-8 of NRS or the regulations of the division.

63-9 2. Before the commissioner suspends the authorization of a

63-10 private carrier, he shall arrange an informal meeting with the

63-11 private carrier to discuss and seek correction of any conduct

63-12 which would be grounds for suspension.

63-13 3. Before the suspension of the authorization, the

63-14 commissioner shall give written notice to the private carrier by

63-15 certified mail or electronic transmission that its authorization

63-16 will be suspended within 10 days after it receives the notice

63-17 unless, within that time, the private carrier corrects the conduct

63-18 set forth in the notice as the reason for the withdrawal or

63-19 submits a written request for a hearing to the commissioner.

63-20 4. If the private carrier requests a hearing:

63-21 (a) The commissioner shall set a date for a hearing within

63-22 20 days after receiving the notice of the appeal and shall give

63-23 the private carrier at least 10 business days’ notice of the time

63-24 and place of the hearing.

63-25 (b) A record of the hearing must be kept but it need not be

63-26 transcribed unless requested by the private carrier. The cost of

63-27 transcription must be charged to the private carrier.

63-28 5. Within 5 days after the hearing, the commissioner shall

63-29 affirm or deny his order suspending the authorization of the

63-30 private carrier and notify the private carrier by certified mail or

63-31 electronic transmission of his decision.

63-32 6. If the private carrier does not comply with the order of

63-33 the commissioner during the period of suspension of the

63-34 authorization, the commissioner shall file an order prohibiting

63-35 the private carrier from issuing new policies until the order has

63-36 expired. A copy of the order must be sent by certified mail or

63-37 electronic transmission to the private carrier.

63-38 Sec. 41. Section 91 of chapter 580, Statutes of Nevada 1995,

63-39 at page 2027, is hereby amended to read as follows:

63-40 Sec. 91. NRS 616C.255 is hereby amended to read as

63-41 follows:

63-42 616C.255 1. The system and each private carrier shall

63-43 collect a premium upon the total payroll of every employer

64-1 [within the provisions of chapters 616A to 616D, inclusive, of

64-2 NRS, except as otherwise provided, in such a percentage as the

64-3 manager shall fix by order for accident benefits.] insured by the

64-4 system or private carrier at the rate filed with the commissioner

64-5 pursuant to chapter 686B of NRS.

64-6 2. Every employer paying this premium is relieved from

64-7 furnishing accident benefits, and the accident benefits must be

64-8 provided by the system [.] or private carrier.

64-9 3. The system or private carrier is liable for any accident

64-10 benefits provided in this section . [, but the] The account

64-11 provided for accident benefits must be kept as a separate [and

64-12 distinct account, and must,] account on the records of the system

64-13 [, be so kept.] or private carrier.

64-14 Sec. 49. NRS 616C.590 is hereby amended to read as follows:

64-15 616C.590 1. Except as otherwise provided in this section, an

64-16 injured employee is not eligible for vocational rehabilitation

64-17 services, unless:

64-18 (a) The treating physician or chiropractor approves the return of

64-19 the injured employee to work but imposes permanent restrictions

64-20 that prevent the injured employee from returning to the position that

64-21 he held at the time of his injury;

64-22 (b) The injured employee’s employer does not offer employment

64-23 that the employee is eligible for considering the restrictions

64-24 imposed pursuant to paragraph (a); and

64-25 (c) The injured employee is unable to return to gainful

64-26 employment at a gross wage that is equal to or greater than 80

64-27 percent of the gross wage that he was earning at the time of his

64-28 injury.

64-29 2. If the treating physician or chiropractor imposes permanent

64-30 restrictions on the injured employee for the purposes of paragraph

64-31 (a) of subsection 1, he shall specify in writing:

64-32 (a) The medically objective findings upon which his

64-33 determination is based; and

64-34 (b) A detailed description of the restrictions.

64-35 The treating physician or chiropractor shall [mail] deliver a copy of

64-36 the findings and the description of the restrictions to the insurer.

64-37 3. If there is a question as to whether the restrictions imposed

64-38 upon the injured employee are permanent, the employee may

64-39 receive vocational rehabilitation services until a final determination

64-40 concerning the duration of the restrictions is made.

64-41 4. Vocational rehabilitation services must cease as soon as the

64-42 injured employee is no longer eligible for the services pursuant to

64-43 subsection 1.

65-1 5. An injured employee is not entitled to vocational

65-2 rehabilitation services solely because the position that he held at the

65-3 time of his injury is no longer available.

65-4 6. An injured employee or his dependents are not entitled to

65-5 accrue or be paid any money for vocational rehabilitation services

65-6 during the time the injured employee is incarcerated.

65-7 7. Any injured employee eligible for compensation other than

65-8 accident benefits may not be paid those benefits if he refuses

65-9 counseling, training or other vocational rehabilitation services

65-10 offered by the insurer. Except as otherwise provided in NRS

65-11 616B.185, and section 1 of [this act,] Senate Bill No. 372 of this

65-12 session, an injured employee shall be deemed to have refused

65-13 counseling, training and other vocational rehabilitation services

65-14 while he is incarcerated.

65-15 8. If an insurer cannot locate an injured employee for whom it

65-16 has ordered vocational rehabilitation services, the insurer may close

65-17 his claim 21 days after the insurer determines that the employee

65-18 cannot be located. The insurer shall make a reasonable effort to

65-19 locate the employee.

65-20 9. The reappearance of the injured employee after his claim has

65-21 been closed does not automatically reinstate his eligibility for

65-22 vocational rehabilitation benefits. If the employee wishes to

65-23 reestablish his eligibility for such benefits, he must file a written

65-24 application with the insurer to reinstate his claim. The insurer shall

65-25 reinstate the employee’s claim if good cause is shown for the

65-26 employee’s absence.

65-27 Sec. 62. Section 130.6 of chapter 587, Statutes of Nevada

65-28 1995, at page 2166, is hereby amended to read as follows:

65-29 Sec. 130.6. NRS 680B.060 is hereby amended to read as

65-30 follows:

65-31 680B.060 1. [The] Except as otherwise provided in

65-32 subsection 6, the taxes imposed under NRS 680B.027 must be

65-33 collected by the department of taxation and promptly deposited

65-34 with the state treasurer for credit to the state general fund.

65-35 2. If the tax is not paid by the insurer on or before the date

65-36 required for payment, the tax then becomes delinquent, and

65-37 payment thereof may be enforced by court action instituted on

65-38 behalf of the state by the attorney general. The attorney general

65-39 may employ additional counsel in the city where the home office

66-1 of the insurer is located, subject to approval of compensation for

66-2 such services by the state board of examiners. The administrative

66-3 and substantive enforcement provisions of chapters 360 and 372

66-4 of NRS apply to the enforcement of the taxes imposed under

66-5 NRS 680B.027.

66-6 3. Upon the tax becoming delinquent , the executive director

66-7 of the department of taxation shall notify the commissioner, who

66-8 shall suspend or revoke the insurer’s certificate of authority

66-9 pursuant to NRS 680A.190.

66-10 4. If a dispute arises between an insurer and the state as to

66-11 the amount of tax, if any, payable, the insurer is entitled to pay

66-12 under protest the tax in the amount assessed by the department of

66-13 taxation, without waiving or otherwise affecting any right of the

66-14 insurer to recover any amount determined, through appropriate

66-15 legal action taken by the insurer against the department of

66-16 taxation, to have been in excess of the amount of tax lawfully

66-17 payable.

66-18 5. [All] Except as otherwise provided in subsection 6, all

66-19 taxes, fees, licenses, fines and charges collected under this code,

66-20 including the general premium tax provided for under NRS

66-21 680B.027 and as increased in any instances pursuant to NRS

66-22 680A.330, must be promptly deposited with the state treasurer

66-23 for credit to the state general fund.

66-24 6. The taxes collected pursuant to NRS 680B.027 from

66-25 insurers that are writing industrial insurance in this state,

66-26 including the state industrial insurance system, which are

66-27 attributable to industrial insurance must be promptly deposited

66-28 with the state treasurer for credit to the account for the

66-29 administration of extended claims established in the state

66-30 insurance fund pursuant to section 9 of chapter 410, Statutes of

66-31 Nevada 1997, until the commissioner notifies the state

66-32 treasurer that the balance in the account is sufficient to satisfy

66-33 all obligations and liabilities of the account as they become

66-34 due. Upon receipt of such a notice, the state treasurer shall

66-35 discontinue depositing the taxes in the account and shall

66-36 deposit the taxes collected from these insurers for credit to the

66-37 state general fund.

66-38 Sec. 62.5. Section 149 of chapter 580, Statutes of Nevada

66-39 1995, at page 2049, is hereby amended to read as follows:

66-40 Sec. 149. "Insurer" means the state industrial insurance

66-41 system and all private carriers authorized to provide industrial

66-42 insurance in this state.

67-1 Sec. 63. Section 154 of chapter 580, Statutes of Nevada

67-2 1995, at page 2050, is hereby amended to read as follows:

67-3 Sec. 154. The advisory organization may:

67-4 1. Develop statistical plans including definitions for the

67-5 classification of risks.

67-6 2. Collect statistical data from its members and subscribers

67-7 or any other reliable source.

67-8 3. Prepare and distribute data on expenses and the basic

67-9 premium rate or rates, adjusted for expected changes in

67-10 reported losses and expenses and for trends in losses and

67-11 expenses, according to its statistical plan.

67-12 4. Prepare and distribute manuals of rules and schedules

67-13 for rating which do not permit calculating the final rates

67-14 without using information other than the information in the

67-15 manual.

67-16 5. Distribute any information filed with the commissioner

67-17 which is open to public inspection.

67-18 6. Conduct research and collect statistics to discover,

67-19 identify and classify information on the causes and prevention

67-20 of losses.

67-21 7. Prepare and file forms and endorsements for policies

67-22 and consult with its members, subscribers and any other

67-23 knowledgeable persons on their use.

67-24 8. Collect, compile and distribute information on the past

67-25 and current premiums charged by individual insurers if the

67-26 information is available for public inspection.

67-27 9. Conduct research and collect information to determine

67-28 what effect changes in benefits to injured employees pursuant

67-29 to chapters 616A to 617, inclusive, of NRS will have on the

67-30 basic premium rate or rates.

67-31 10. Prepare and distribute rules and rating values for the

67-32 uniform plan for rating experience.

67-33 11. Calculate and provide to the insurer the modification of

67-34 premiums based on the individual employer’s losses.

67-35 12. Assist an individual insurer to develop rates,

67-36 supplementary rate information or other supporting

67-37 information if authorized to do so by the insurer.

67-38 Sec. 65. Section 155 of chapter 580, Statutes of Nevada 1995,

67-39 at page 2050, is hereby amended to read as follows:

67-40 Sec. 155. An advisory organization shall not file rates,

67-41 supplementary rate information or supporting information on

67-42 behalf of an insurer.

68-1 Sec. 67. Section 157 of chapter 580, Statutes of Nevada

68-2 1995, at page 2051, is hereby amended to read as follows:

68-3 Sec. 157. 1. The advisory organization shall file with the

68-4 commissioner a copy of every basic premium rate, the portion

68-5 of the rate that is allowable for expenses as determined by the

68-6 advisory organization, every manual of rating rules, every

68-7 rating schedule and every change, amendment or modification

68-8 to them which is proposed for use in this state at least 60 days

68-9 before they are distributed to the organization’s members,

68-10 subscribers or other persons. The rates shall be deemed to be

68-11 approved unless they are disapproved by the commissioner

68-12 within 60 days after they are filed.

68-13 2. The commissioner shall report any changes in rates or

68-14 in the uniform plan for rating experience, the uniform

68-15 statistical plan or the uniform system of classification, when

68-16 approved, to the director of the legislative counsel bureau.

68-17 3. The rates filed by the advisory organization and

68-18 approved by the commissioner apply to every insurer. In no

68-19 case may an insurer’s rate be less than the approved rate by

68-20 more than the following percentages:

68-21 (a) For the period beginning on July 1, 1999, and ending on

68-22 June 30, 2000, no variance.

68-23 (b) For the period beginning on July 1, 2000, and ending on

68-24 June 30, 2001, no more than a 5 percent variance.

68-25 (c) For the period beginning on July 1, 2001, and ending on

68-26 June 30, 2002, no more than a 10 percent variance.

68-27 (d) For the period beginning on July 1, 2002, and ending on

68-28 June 30, 2003, no more than a 15 percent variance.

68-29 Sec. 70. Section 162 of chapter 580, Statutes of Nevada 1995,

68-30 at page 2052, is hereby amended to read as follows:

68-31 Sec. 162. 1. Each insurer shall file with the

68-32 commissioner all the rates and supplementary rate

68-33 information, except for the information filed by the advisory

68-34 organization, at least 60 days before the rates become effective.

68-35 If the information supplied by an insurer pursuant to this

68-36 subsection is insufficient, the commissioner shall notify the

68-37 insurer and the information shall be deemed to be filed when

68-38 all the information requested by the commissioner is received

68-39 by him.

68-40 2. For any filing made by an insurer pursuant to this

68-41 section, the commissioner may authorize an earlier effective

68-42 date for the rates upon a written request from the insurer.

69-1 3. Every rate filed by an insurer must be filed in the form

69-2 and manner prescribed by the commissioner.

69-3 4. A rate filed with the commissioner pursuant to this

69-4 section that becomes effective before July 1, 2000, may not be

69-5 increased or decreased until July 1, 2000.

69-6 Sec. 72. Section 163 of chapter 580, Statutes of Nevada 1995,

69-7 at page 2053, is hereby amended to read as follows:

69-8 Sec. 163. 1. If the commissioner finds that:

69-9 (a) The rates filed by insurers are inadequate or unfairly

69-10 discriminatory; or

69-11 (b) The rates violate the provisions of this chapter,

69-12 the commissioner may require the insurers to file information

69-13 supporting their existing rates. Before the commissioner may

69-14 disapprove those rates, he shall notify the insurers and hold a

69-15 hearing on the rates and the supplementary rate information.

69-16 2. The commissioner may disapprove any rate without a

69-17 hearing. Any insurer whose rates are disapproved in this

69-18 manner may request in writing and within 30 days after the

69-19 disapproval that the commissioner conduct a hearing on the

69-20 matter.

69-21 Sec. 74. Section 164 of chapter 580, Statutes of Nevada 1995,

69-22 at page 2053, is hereby amended to read as follows:

69-23 Sec. 164. 1. The commissioner may disapprove a rate

69-24 filed by an insurer:

69-25 (a) At any time after the rate becomes effective; or

69-26 (b) At any time before the rate becomes effective.

69-27 2. The commissioner shall disapprove a rate if:

69-28 (a) An insurer has failed to meet the requirements for filing

69-29 a rate pursuant to this chapter or the regulations of the

69-30 commissioner; or

69-31 (b) The rate is inadequate, excessive or unfairly

69-32 discriminatory.

69-33 Sec. 79. Section 155 of chapter 587, Statutes of Nevada 1995,

69-34 at page 2170, is hereby amended to read as follows:

69-35 Sec. 155. 1. This section and subsection 2 of section 147

69-36 of this act become effective on June 30, 1995.

69-37 2. Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38,

69-38 39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85,

69-39 inclusive, 87 to 95.5, inclusive, 97, 99 to 103.5, inclusive, 105,

69-40 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134, 136,

69-41 137, 137.5, 146, 146.5, subsection 1 of section 147, 148, 149,

69-42 152 and 153 of this act become effective on July 1, 1995.

70-1 3. Sections 45, 77, 106 and 106.5 of this act become

70-2 effective at 12:01 a.m. on July 1, 1995.

70-3 4. Section 7 of this act becomes effective on July 1, 1997.

70-4 5. Sections [7,] 17.3, 17.5, 17.7, 129.5, 130.2, 130.4, and

70-5 130.6 of this act become effective on July 1, 1999.

70-6 Sec. 81. 1. This section and sections [4] 3 to 10, inclusive,

70-7 12, 13, 15, 15.5, 16, 17, 20, 21, 22, 27, 28, [36,] 35, 40.5, 41, 42,

70-8 61, 62, 62.5, 63, 65, 67, 70, 72, 74, 76, 78, 79 and 80 of this act

70-9 become effective on July 1, 1997.

70-10 2. Section 14 of this act becomes effective at 12:01 a.m. on

70-11 July 1, 1997.

70-12 3. Sections 1, 11, 26, [35,] 36, 37, 38, 39, 43, 45, 46, 49, 51,

70-13 52, 53, 54, 58 and 59 of this act become effective on January 1,

70-14 1998.

70-15 4. Section 50 of this act becomes effective at 12:01 a.m. on

70-16 January 1, 1998.

70-17 5. Sections 18, 23, 40, 48, 56, 57, 60, 77 and 77.5 of this act

70-18 become effective on July 1, 1999.

70-19 6. [Sections 3, 12, 21, 22, 41, 62, 62.5, 63, 65, 67, 70, 72 and

70-20 74 of this act become effective at 12:01 a.m. on July 1, 1999.

70-21 7.] Sections 64, 66, 68, 71, 73 and 75 of this act become

70-22 effective on July 1, 2003.

70-23 Sec. 36. 1. Sections 1 and 5 of chapter 421, Statutes of Nevada

70-24 1997, at pages 1499 and 1501, respectively, are hereby amended to read

70-25 respectively as follows:

70-26 Section 1. NRS 616B.624 is hereby amended to read as

70-27 follows:

70-28 616B.624 1. If a quasi-public or private corporation or a

70-29 limited-liability company is required to be insured [under]

70-30 pursuant to chapters 616A to 616D, inclusive, of NRS, an officer

70-31 of the corporation or a manager of the company who:

70-32 (a) Receives pay for services performed as an officer , manager

70-33 or employee of the corporation or company shall be deemed for the

70-34 purposes of those chapters to receive a minimum pay of $6,000 per

70-35 calendar year and a maximum pay of $36,000 per calendar year.

70-36 (b) Does not receive pay for services performed as an officer ,

70-37 manager or employee of the corporation or company shall be

70-38 deemed for the purposes of those chapters to receive a minimum

70-39 pay of $500 per month or $6,000 per calendar year.

70-40 2. An officer or manager who does not receive pay for services

70-41 performed as an officer , manager or employee of the corporation

70-42 or company may elect to reject coverage by filing written notice

71-1 thereof with the corporation or company and the system. The

71-2 rejection is effective upon receipt of the notice by the system.

71-3 3. An officer or manager who has rejected coverage may

71-4 rescind that rejection by filing written notice thereof with the

71-5 corporation or company and the system. The rescission is effective

71-6 upon receipt of the notice by the system. If an officer or manager

71-7 who has rejected coverage receives pay for services performed as

71-8 an officer , manager or employee of the corporation [,] or

71-9 company, the officer or manager shall be deemed to have

71-10 rescinded that rejection.

71-11 4. A nonprofit corporation whose officers do not receive pay

71-12 for services performed as officers or employees of the corporation

71-13 may elect to reject coverage for [their] its current officers and all

71-14 future officers who do not receive such pay by filing written notice

71-15 thereof with the corporation and the system. The rejection is

71-16 effective upon receipt of the notice by the system.

71-17 5. A nonprofit corporation which has rejected coverage for its

71-18 officers who do not receive pay for services performed as officers

71-19 or employees of the corporation may rescind that rejection by filing

71-20 written notice thereof with the corporation and the system. The

71-21 rescission is effective upon receipt of the notice by the system. If an

71-22 officer of a nonprofit corporation which has rejected coverage

71-23 receives pay for services performed as an officer or employee of the

71-24 corporation, the corporation shall be deemed to have rescinded that

71-25 rejection.

71-26 Sec. 5. 1. [Sections] This section and sections 1, 2 , [and] 4 ,

71-27 4.1 and 4.2 of this act become effective on October 1, 1997.

71-28 2. Section 3 of this act becomes effective on July 1, 1999.

71-29 2. Chapter 421, Statutes of Nevada 1997, at page 1501, is hereby

71-30 amended by adding thereto new sections to be designated as sections 4.1

71-31 and 4.2, immediately following section 4, to read respectively as follows:

71-32 Sec. 4.1. Section 81 of chapter 410, Statutes of Nevada 1997,

71-33 at page 1457, is hereby amended to read as follows:

71-34 Sec. 81. 1. This section and sections 3 to 10, inclusive, 12,

71-35 13, 15, 15.5, 16, 17, 20, 21, 22, 27, 28, 35, 40.5, 41, 42, 61, 62,

71-36 62.5, 63, 65, 67, 70, 72, 74, 76, 78, 79 and 80 of this act become

71-37 effective on July 1, 1997.

71-38 2. Section 14 of this act becomes effective at 12:01 a.m. on

71-39 July 1, 1997.

71-40 3. Sections 1, 11, 26, 36, 37, 38, 39, 43, 45, 46, 49, 51, 52,

71-41 53, 54, 58 and 59 of this act become effective on January 1,

71-42 1998.

72-1 4. Section 50 of this act becomes effective at 12:01 a.m. on

72-2 January 1, 1998.

72-3 5. Sections 18, 23, 40, 48, [56,] 57, 60, 77 and 77.5 of this

72-4 act become effective on July 1, 1999.

72-5 6. Sections 64, 66, 68, 71, 73 and 75 of this act become

72-6 effective on July 1, 2003.

72-7 Sec. 4.2. Section 56 of chapter 410, Statutes of Nevada 1997,

72-8 at page 1445, is hereby repealed.

72-9 Sec. 37. 1. Sections 2 and 4 of chapter 422, Statutes of Nevada

72-10 1997, at pages 1502 and 1503, respectively, are hereby amended to read

72-11 respectively as follows:

72-12 Sec. 2. NRS 482.270 is hereby amended to read as follows:

72-13 482.270 1. Except as otherwise provided [in NRS 482.3747,

72-14 482.3775, 482.379 to 482.3794, inclusive, section 1 of Senate Bill

72-15 No. 9 of this session and section 1 of this act, or NRS 482.384,] by

72-16 specific statute, the director shall order the redesign and

72-17 preparation of motor vehicle license plates with no other colors than

72-18 blue and silver. The director may substitute white in place of silver

72-19 when no suitable material is available.

72-20 2. Except as otherwise provided in subsection 3, the

72-21 department shall, upon the payment of all applicable fees, issue

72-22 redesigned motor vehicle license plates pursuant to this section to

72-23 persons who apply for the registration or renewal of the

72-24 registration of a motor vehicle on or after January 1, 2001.

72-25 3. The department shall not issue redesigned motor vehicle

72-26 license plates pursuant to this section to a person who was issued

72-27 motor vehicle license plates before January 1, 1982, or pursuant

72-28 to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379,

72-29 without the approval of the person.

72-30 4. The director may determine and vary the size, shape and

72-31 form and the material of which license plates are made, but each

72-32 license plate must be of sufficient size to be plainly readable from a

72-33 distance of 100 feet during daylight. All license plates must be

72-34 treated to reflect light and to be at least 100 times brighter than

72-35 conventional painted number plates. When properly mounted on an

72-36 unlighted vehicle, the license plates, when viewed from a vehicle

72-37 equipped with standard headlights, must be visible for a distance of

72-38 not less than 1,500 feet and readable for a distance of not less than

72-39 110 feet.

72-40 [3.] 5. Every license plate must have displayed upon it:

72-41 (a) The registration number, or combination of letters and

72-42 numbers, assigned to the vehicle and to the owner thereof;

72-43 (b) The name of [the] this state, which may be abbreviated;

73-1 (c) If issued for a calendar year, the year; and

73-2 (d) If issued for a registration period other than a calendar year,

73-3 the month and year the registration expires.

73-4 [4.] 6. The letters I and Q must not be used in the designation.

73-5 [5.] 7. Except as otherwise provided in NRS 482.379, all

73-6 letters and numbers must be of the same size.

73-7 Sec. 4. 1. This section and [section] sections 2.1 to 2.5,

73-8 inclusive, of this act become effective on September 30, 1997.

73-9 2. Section 3 of this act [become] becomes effective on October

73-10 1, 1997.

73-11 [2.] 3. Section 2 of this act becomes effective at 12:02 a.m. on

73-12 October 1, 1997.

73-13 [3.] 4. Section 1 of this act becomes effective on January 1,

73-14 2001.

73-15 2. Chapter 422, Statutes of Nevada 1997, at page 1503, is hereby

73-16 amended by adding thereto new sections to be designated as sections 2.1 to

73-17 2.5, inclusive, immediately following section 2, to read respectively as

73-18 follows:

73-19 Sec. 2.1. Section 7 of chapter 385, Statutes of Nevada 1997, at

73-20 page 1362, is hereby amended to read as follows:

73-21 Sec. 7. [1.] Sections 2, 4 and 5 of this act become effective

73-22 at 12:01 a.m. on October 1, 1997.

73-23 [2. Section 3 of this act becomes effective at 12:02 a.m. on

73-24 October 1, 1997.]

73-25 Sec. 2.2. Section 6 of chapter 438, Statutes of Nevada 1997, at

73-26 page 1551, is hereby amended to read as follows:

73-27 Sec. 6. [1.] Sections 2, 4 and 5 of this act become effective

73-28 at 12:01 a.m. on October 1, 1997.

73-29 [2. Section 3 of this act becomes effective at 12:02 a.m. on

73-30 October 1, 1997.]

73-31 Sec. 2.3. Section 21 of chapter 599, Statutes of Nevada 1997,

73-32 at page 3008, is hereby amended to read as follows:

73-33 Sec. 21. 1. This section and sections 13 to 16, inclusive, of

73-34 this act become effective upon passage and approval.

73-35 2. Sections 12 and 17 to 20, inclusive, of this act become

73-36 effective at 12:01 a.m. on October 1, 1997.

73-37 [3. Section 2 of this act becomes effective at 12:02 a.m. on

73-38 October 1, 1997.]

73-39 Sec. 2.4. Section 7 of chapter 607, Statutes of Nevada 1997, at

73-40 page 3055, is hereby amended to read as follows:

73-41 Sec. 7. [1.] Sections 2, 4 and 5 of this act become effective

73-42 at 12:01 a.m. on October 1, 1997.

74-1 [2. Section 3 of this act becomes effective at 12:02 a.m. on

74-2 October 1, 1997.]

74-3 Sec. 2.5. Section 3 of chapter 385, Statutes of Nevada 1997, at

74-4 page 1360, section 3 of chapter 438, Statutes of Nevada 1997, at

74-5 page 1549, section 2 of chapter 590, Statutes of Nevada 1997, at

74-6 page 2977, section 2 of chapter 599, Statutes of Nevada 1997, at

74-7 page 2997, and section 3 of chapter 607, Statutes of Nevada 1997,

74-8 at page 3053, are hereby repealed.

74-9 Sec. 38. Sections 5.5 and 8.5 of chapter 429, Statutes of Nevada 1997,

74-10 at pages 1516 and 1517, respectively, are hereby amended to read

74-11 respectively as follows:

74-12 Sec. 5.5. NRS 487.070 is hereby amended to read as follows:

74-13 487.070 1. The department may approve or reject the

74-14 application and, if approved, shall issue to the applicant:

74-15 (a) A license containing the applicant’s name and address, the

74-16 name under which the business is to be conducted, the business

74-17 address, and a distinguishing number assigned to the applicant.

74-18 (b) A card which:

74-19 (1) Contains the information specified in paragraph (a);

74-20 (2) Includes a picture of the licensee; and

74-21 (3) Clearly identifies the holder of the card as a licensed

74-22 automobile wrecker.

74-23 2. A licensee may obtain one or two cards for his business. The

74-24 department shall charge a fee of $50 for each card issued. Fees

74-25 collected by the department pursuant to this subsection must be

74-26 deposited with the state treasurer to the credit of the account for

74-27 regulation of salvage pools, automobile wreckers, body shops and

74-28 garages.

74-29 3. A licensee shall post the license in a conspicuous place

74-30 clearly visible to the general public at the business address set

74-31 forth on the license.

74-32 4. A license expires on April 30 of each year.

74-33 [4.] 5. A licensee may renew his license by submitting to the

74-34 department:

74-35 (a) A completed application for renewal upon a form supplied by

74-36 the department; and

74-37 (b) The fee for renewal of a license provided in NRS 487.080.

74-38 Sec. 8.5. NRS 487.630 is hereby amended to read as follows:

74-39 487.630 1. An application for a license to operate a body

74-40 shop must be filed with the department upon forms supplied by the

74-41 department. The application must be accompanied by such proof as

74-42 the department requires to demonstrate that the applicant meets the

74-43 statutory requirements to operate a body shop.

75-1 2. The department shall charge a fee of $300 for the issuance or

75-2 renewal of a license to operate a body shop. Fees collected by the

75-3 department pursuant to this subsection must be deposited with the

75-4 state treasurer to the credit of the account for regulation of salvage

75-5 pools, automobile wreckers, body shops and garages.

75-6 3. Upon receipt of the application and when satisfied that the

75-7 applicant is entitled thereto, the department shall issue to the

75-8 applicant a license to operate a body shop. The license must contain

75-9 the name and the address of the body shop and the name of the

75-10 operator.

75-11 4. Upon receipt of the license, the operator shall [display] post

75-12 the license [number prominently] in a conspicuous place clearly

75-13 visible to the general public in the body shop and include the

75-14 license number on all estimates and invoices for repairs.

75-15 5. A license expires on April 30 of each year.

75-16 6. A licensee may renew his license by submitting to the

75-17 department:

75-18 (a) A completed application for renewal upon a form supplied by

75-19 the department; and

75-20 (b) The fee for renewal of a license provided in subsection 2.

75-21 Sec. 39. Section 11 of chapter 431, Statutes of Nevada 1997, at page

75-22 1524, is hereby amended to read as follows:

75-23 Sec. 11. NRS 389.090 is hereby amended to read as follows:

75-24 389.090 1. The state board shall adopt regulations governing

75-25 the establishment, conduct and scope of automobile driver

75-26 education in the public schools of this state.

75-27 2. The aims and purposes of automobile driver education are to

75-28 develop the knowledge, attitudes, habits and skills necessary for the

75-29 safe operation of motor vehicles.

75-30 3. The board of trustees of a school district may establish and

75-31 maintain automobile driver education classes during regular

75-32 semesters and summer sessions and during the regular school day

75-33 and at times other than during the regular school day for:

75-34 (a) Pupils enrolled in the regular full-time day high schools in

75-35 the school district.

75-36 (b) Pupils enrolled in summer classes conducted in high schools

75-37 in the school district.

75-38 A board of trustees maintaining courses in automobile driver

75-39 education shall insure against any liability arising out of the use of

75-40 motor vehicles in connection with those courses. The cost of the

75-41 insurance must be paid from available school district funds.

75-42 4. A governing body of a charter school may establish and

75-43 maintain automobile driver education classes if the governing body

76-1 insures against any liability arising out of the use of motor vehicles

76-2 in connection with those courses.

76-3 5. Automobile driver education must be provided by boards of

76-4 trustees of school districts and governing bodies of charter schools

76-5 in accordance with the regulations of the state board and may not be

76-6 duplicated by any other agency, department, commission or officer

76-7 of the State of Nevada.

76-8 6. Each course in automobile driver education provided by a

76-9 board of trustees of a school district or a governing body of a

76-10 charter school must include, without limitation, instruction in

76-11 [motor] :

76-12 (a) Motor vehicle insurance.

76-13 (b) The effect of drugs and alcohol on an operator of a motor

76-14 vehicle.

76-15 7. Each course in automobile driver education provided by a

76-16 board of trustees of a school district or a governing body of a

76-17 charter school must be restricted to pupils who are sophomores,

76-18 juniors or seniors in high school.

76-19 Sec. 40. Section 9 of chapter 433, Statutes of Nevada 1997, at page

76-20 1532, is hereby amended to read as follows:

76-21 Sec. 9. 1. Sections 1 to [7,] 6, inclusive, of this act expire by

76-22 limitation on the date on which the qualified electors of this state

76-23 approve a constitutional amendment that establishes an intermediate

76-24 court of appeals within the State of Nevada.

76-25 2. Notwithstanding the provisions of subsection 1, the

76-26 additional justices whose positions are abolished by the

76-27 establishment of an intermediate court of appeals must be permitted

76-28 to serve the remainder of the terms to which they were elected. At

76-29 the end of those terms, the positions of the additional justices must

76-30 be abolished, along with the positions of any staff hired directly to

76-31 support the additional justices.

76-32 Sec. 41. 1. Sections 8 and 10 of chapter 434, Statutes of Nevada

76-33 1997, at pages 1535 and 1539, respectively, are hereby amended to read

76-34 respectively as follows:

76-35 Sec. 8. NRS 179A.075 is hereby amended to read as follows:

76-36 179A.075 1. The central repository for Nevada records of

76-37 criminal history is hereby created within the Nevada highway patrol

76-38 division of the department.

76-39 2. Each agency of criminal justice and any other agency dealing

76-40 with crime or delinquency of children shall:

76-41 (a) Collect and maintain records, reports and compilations of

76-42 statistical data required by the department; and

77-1 (b) Submit the information collected to the central repository in

77-2 the manner recommended by the advisory committee and approved

77-3 by the director of the department.

77-4 3. Each agency of criminal justice shall submit the information

77-5 relating to sexual offenses and other records of criminal history it

77-6 collects, and any information in its possession relating to the genetic

77-7 markers of the blood and the secretor status of the saliva of a person

77-8 who is convicted of sexual assault or any other sexual offense, to

77-9 the division in the manner prescribed by the director of the

77-10 department. A report of disposition must be submitted to the

77-11 division:

77-12 (a) Through an electronic network;

77-13 (b) On a medium of magnetic storage; or

77-14 (c) In the manner prescribed by the director of the department,

77-15 within 30 days after the date of disposition. If an agency has

77-16 submitted a record regarding the arrest of a person who is later

77-17 determined by the agency not to be the person who committed the

77-18 particular crime, the agency shall, immediately upon making that

77-19 determination, so notify the division. The division shall delete all

77-20 references in the central repository relating to that particular arrest.

77-21 4. The division shall:

77-22 (a) Collect, maintain and arrange all information submitted to it

77-23 relating to:

77-24 (1) Sexual offenses and other records of criminal history; and

77-25 (2) The genetic markers of the blood and the secretor status of

77-26 the saliva of a person who is convicted of sexual assault or any

77-27 other sexual offense.

77-28 (b) Use a record of the subject’s fingerprints as the basis for any

77-29 records maintained regarding him.

77-30 (c) Upon request during a state of emergency proclaimed

77-31 pursuant to NRS 414.070, provide the information that is contained

77-32 in the central repository to the state disaster identification team of

77-33 the division of emergency management of the department of motor

77-34 vehicles and public safety.

77-35 5. The division may:

77-36 (a) Disseminate any information which is contained in the

77-37 central repository to any other agency of criminal justice;

77-38 (b) Enter into cooperative agreements with federal and state

77-39 repositories to facilitate exchanges of such information; and

77-40 (c) Request of and receive from the Federal Bureau of

77-41 Investigation information on the background and personal history of

77-42 any person:

78-1 (1) Who has applied to any agency of the state or any political

78-2 subdivision for a license which it has the power to grant or deny;

78-3 (2) With whom any agency of the state or any political

78-4 subdivision intends to enter into a relationship of employment or a

78-5 contract for personal services;

78-6 (3) About whom any agency of the state or any political

78-7 subdivision has a legitimate need to have accurate personal

78-8 information for the protection of the agency or the persons within

78-9 its jurisdiction; or

78-10 (4) For whom such information is required to be obtained

78-11 pursuant to section 4 of [this act.] Assembly Bill No. 155 of this

78-12 session.

78-13 6. The central repository shall:

78-14 (a) Collect and maintain records, reports and compilations of

78-15 statistical data submitted by any agency pursuant to subsection 2.

78-16 (b) Tabulate and analyze all records, reports and compilations of

78-17 statistical data received pursuant to this section.

78-18 (c) Disseminate to federal agencies engaged in the collection of

78-19 statistical data relating to crime information which is contained in

78-20 the central repository.

78-21 (d) Investigate the criminal history of any person who:

78-22 (1) Has applied to the superintendent of public instruction for

78-23 a license;

78-24 (2) Has applied to a county school district for employment; or

78-25 (3) Is employed by a county school district,

78-26 and notify the superintendent of each county school district and the

78-27 superintendent of public instruction if the investigation of the

78-28 central repository indicates that the person has been convicted of a

78-29 violation of NRS 200.508, 201.230, 453.3385, 453.339 or

78-30 453.3395, or convicted of a felony or any offense involving moral

78-31 turpitude.

78-32 (e) Upon discovery, notify the superintendent of each county

78-33 school district by providing him with a list of all persons:

78-34 (1) Investigated pursuant to paragraph (d); or

78-35 (2) Employed by a county school district whose fingerprints

78-36 were sent previously to the central repository for investigation,

78-37 who the central repository’s records indicate have been convicted of

78-38 a violation of NRS 200.508, 201.230, 453.3385, 453.339 or

78-39 453.3395, or convicted of a felony or any offense involving moral

78-40 turpitude since the central repository’s initial investigation. The

78-41 superintendent of each county school district shall determine

78-42 whether further investigation or action by the district is appropriate.

79-1 (f) Investigate the criminal history of each person who submits

79-2 fingerprints or has his fingerprints submitted pursuant to section 3

79-3 or 4 of [this act.] Assembly Bill No. 155 of this session.

79-4 (g) On or before July 1 of each year, prepare and present to the

79-5 governor a printed annual report containing the statistical data

79-6 relating to crime received during the preceding calendar year.

79-7 Additional reports may be presented to the governor throughout the

79-8 year regarding specific areas of crime if they are recommended by

79-9 the advisory committee and approved by the director of the

79-10 department.

79-11 (h) On or before January 31 of each odd-numbered year,

79-12 prepare and submit to the director of the legislative counsel

79-13 bureau, for submission to the legislature, a report containing

79-14 statistical data about domestic violence in this state.

79-15 (i) Identify and review the collection and processing of statistical

79-16 data relating to criminal justice and delinquency of children by any

79-17 agency identified in subsection 2, and make recommendations for

79-18 any necessary changes in the manner of collecting and processing

79-19 statistical data by any such agency.

79-20 7. The central repository may:

79-21 (a) At the recommendation of the advisory committee and in the

79-22 manner prescribed by the director of the department, disseminate

79-23 compilations of statistical data and publish statistical reports

79-24 relating to crime or delinquency of children.

79-25 (b) Charge a reasonable fee for any publication or special report

79-26 it distributes relating to data collected pursuant to this section. The

79-27 central repository may not collect such a fee from an agency of

79-28 criminal justice, any other agency dealing with crime or

79-29 delinquency of children which is required to submit information

79-30 pursuant to subsection 2 or the state disaster identification team of

79-31 the division of emergency management of the department of motor

79-32 vehicles and public safety. All money collected pursuant to this

79-33 paragraph must be used to pay for the cost of operating the central

79-34 repository.

79-35 8. As used in this section, "advisory committee" means the

79-36 committee established by the director of the department pursuant to

79-37 NRS 179A.078.

79-38 Sec. 10. NRS 481.245 is hereby amended to read as follows:

79-39 481.245 1. When a coroner is unable to establish the identity

79-40 of a dead body by means other than by dental records, he shall have

79-41 a dental examination of the body made by a dentist. The dentist

79-42 shall prepare a record of his findings and forward it to the

80-1 investigation division [.] and to the central repository for Nevada

80-2 records of criminal history.

80-3 2. Each sheriff, chief of police or other law enforcement agency

80-4 which receives a report of a person missing under suspicious

80-5 circumstances who is 18 years or older shall:

80-6 (a) Transmit to the investigation division [:] and to the central

80-7 repository for Nevada records of criminal history:

80-8 (1) The initial report that contains identifying information

80-9 concerning the missing person within 72 hours after the receipt of

80-10 that report; and

80-11 (2) Any subsequent report concerning the missing person

80-12 within 5 working days after the receipt of that report if the report

80-13 contains additional identifying information concerning the missing

80-14 person;

80-15 (b) Notify immediately such persons and make inquiries

80-16 concerning the missing person as the agency deems necessary; and

80-17 (c) Enter the information concerning the missing person into the

80-18 computer for the National Crime Information Center [,] and the

80-19 central repository for Nevada records of criminal history, if

80-20 appropriate.

80-21 3. The sheriff, chief of police or other law enforcement agency

80-22 [may] shall request the written consent of the next of kin or

80-23 guardian of a person who has been reported to him as missing for

80-24 30 days or more to obtain [the dental records of] certain identifying

80-25 information about the missing person that the National Crime

80-26 Information Center recommends be provided from [that person’s

80-27 dentist.] the appropriate providers of medical care. After receiving

80-28 the written consent, the sheriff, chief of police or other law

80-29 enforcement agency shall obtain the [dental records from the

80-30 dentist] identifying information from the providers of medical

80-31 care and forward [them] that information and any other relevant

80-32 information to the investigation division and to the central

80-33 repository for Nevada records of criminal history for comparison

80-34 with the [dental records of] identifying information that is on file

80-35 concerning unidentified deceased persons. This subsection does not

80-36 prevent the voluntary release of identifying information about the

80-37 missing [person’s dental records] person by the next of kin or

80-38 guardian of the missing person at any time.

80-39 4. The next of kin or guardian of the person reported as missing

80-40 shall promptly notify the appropriate law enforcement agency when

80-41 the missing person is found.

81-1 5. The sheriff, chief of police or other law enforcement agency

81-2 shall inform the investigation division , the central repository for

81-3 Nevada records of criminal history and the National Crime

81-4 Information Center when a missing person has been found.

81-5 6. The investigation division and the central repository for

81-6 Nevada records of criminal history shall:

81-7 (a) Maintain the records and other information forwarded to [it]

81-8 them pursuant to subsections 1, 2 and 3 for the purpose of

81-9 comparing the records and otherwise assisting in the identification

81-10 of dead bodies; and

81-11 (b) Upon request during a state of emergency proclaimed

81-12 pursuant to NRS 414.070, provide the records and other

81-13 information that are maintained pursuant to this subsection to the

81-14 state disaster identification team of the division of emergency

81-15 management of the department.

81-16 2. Chapter 434, Statutes of Nevada 1997, at page 1540, is hereby

81-17 amended by adding thereto a new section to be designated as section 13,

81-18 immediately following section 12, to read as follows:

81-19 Sec. 13. Section 8 of this act becomes effective at 12:01 a.m.

81-20 on October 1, 1997.

81-21 Sec. 42. 1. Section 6 of chapter 438, Statutes of Nevada 1997, at

81-22 page 1551, is hereby amended to read as follows:

81-23 Sec. 6. 1. This section and sections 5.1 and 5.2 of this act

81-24 become effective at 12:01 a.m. on September 30, 1997.

81-25 2. Sections 2, 4 and 5 of this act become effective at 12:01 a.m.

81-26 on October 1, 1997.

81-27 2. Chapter 438, Statutes of Nevada 1997, at page 1551, is hereby

81-28 amended by adding thereto new sections to be designated as sections 5.1

81-29 and 5.2, immediately following section 5, to read respectively as follows:

81-30 Sec. 5.1. Section 21 of chapter 599, Statutes of Nevada 1997,

81-31 at page 3008, is hereby amended to read as follows:

81-32 Sec. 21. 1. This section and sections 13 to 16, inclusive, of

81-33 this act become effective upon passage and approval.

81-34 2. Sections 12 [and 17 to 20, inclusive,] , 17, 18 and 19 of

81-35 this act become effective at 12:01 a.m. on October 1, 1997.

81-36 Sec. 5.2. Section 20 of chapter 599, Statutes of Nevada 1997,

81-37 at page 3006, is hereby repealed.

81-38 Sec. 43. Section 5 of chapter 439, Statutes of Nevada 1997, at page

81-39 1556, is hereby amended to read as follows:

81-40 Sec. 5. This act becomes effective [upon passage and

81-41 approval.] on July 15, 1997.

82-1 Sec. 44. 1. Section 2 of chapter 444, Statutes of Nevada 1997, at

82-2 page 1562, is hereby amended to read as follows:

82-3 Sec. 2. NRS 333.340 is hereby amended to read as follows:

82-4 333.340 1. Every contract or order must be awarded to the

82-5 lowest responsible bidder. To determine the lowest responsible

82-6 bidder, the chief may consider:

82-7 (a) The location of the using agency to be supplied.

82-8 (b) The qualities of the articles to be supplied.

82-9 (c) The total cost of ownership of the articles to be supplied.

82-10 (d) [The] Except as otherwise provided in paragraph (e), the

82-11 conformity of the articles to be supplied with the specifications.

82-12 (e) If the articles are an alternative to the articles listed in the

82-13 original request for bids, whether the advertisement for bids

82-14 included a statement that bids for an alternative article will be

82-15 considered if:

82-16 (1) The specifications of the alternative article meet or

82-17 exceed the specifications of the article listed in the original

82-18 request for bids;

82-19 (2) The purchase of the alternative article results in a lower

82-20 price; and

82-21 (3) The chief deems the purchase of the alternative article to

82-22 be in the best interests of the State of Nevada.

82-23 (f) The purposes for which the articles to be supplied are

82-24 required.

82-25 [(f)] (g) The dates of delivery of the articles to be supplied.

82-26 2. If a contract or an order is not awarded to the lowest bidder,

82-27 the chief shall provide the lowest bidder with a written statement

82-28 which sets forth the specific reasons that the contract or order was

82-29 not awarded to him.

82-30 3. As used in this section, "total cost of ownership" includes,

82-31 but is not limited to:

82-32 (a) The history of maintenance or repair of the articles;

82-33 (b) The cost of routine maintenance and repair of the articles;

82-34 (c) Any warranties provided in connection with the articles;

82-35 (d) The cost of replacement parts for the articles; and

82-36 (e) The value of the articles as used articles when given in trade

82-37 on a subsequent purchase.

82-38 2. Chapter 444, Statutes of Nevada 1997, at page 1563, is hereby

82-39 amended by adding thereto a new section to be designated as section 3,

82-40 immediately following section 2, to read as follows:

82-41 Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on

82-42 October 1, 1997.

83-1 Sec. 45. 1. Sections 3 and 6 of chapter 445, Statutes of

83-2 Nevada 1997, at pages 1563 and 1566, respectively, are hereby

83-3 amended to read respectively as follows:

83-4 Sec. 3. 1. Except as otherwise provided in this section, if a

83-5 child is adjudicated delinquent for an act that, if committed by an

83-6 adult, would be a category A or category B felony and the act was

83-7 a sexual offense or involved the use or threatened use of force or

83-8 violence against the victim, the records relating to the child must

83-9 not be sealed pursuant to the provisions of NRS 62.370.

83-10 2. If a child who is subject to the provisions of subsection 1 is

83-11 not adjudicated delinquent for any other subsequent act that, if

83-12 committed by an adult, would be a felony and is not otherwise

83-13 convicted of a felony as an adult before reaching 24 years of age,

83-14 all records relating to the child must be automatically sealed

83-15 when the child reaches 24 years of age as provided in subsection

83-16 4 of NRS 62.370.

83-17 3. The provisions of this section:

83-18 (a) Apply to a child who is relieved of being subject to

83-19 community notification as a juvenile sex offender pursuant to

83-20 section 91 of Senate Bill No. 325 of this session.

83-21 (b) Do not apply to a child who is deemed to be an adult sex

83-22 offender pursuant to section 91 of Senate Bill No. 325 of this

83-23 session.

83-24 Sec. 6. NRS 62.380 is hereby amended to read as follows:

83-25 62.380 Any decree or order entered by a judge or master of a

83-26 juvenile court, district court, justice’s court or municipal court

83-27 concerning a child within the purview of this chapter must contain,

83-28 for the benefit of the child, an explanation of the contents of section

83-29 3 of this act, NRS 62.370 and, if applicable, section 91.1 of [this

83-30 act.] Senate Bill No. 325 of this session.

83-31 2. Chapter 445, Statutes of Nevada 1997, at page 1566, is hereby

83-32 amended by adding thereto a new section to be designated as section 6.1,

83-33 immediately following section 6, to read as follows:

83-34 Sec. 6.1. Section 91.1 of chapter 451, Statutes of Nevada

83-35 1997, at page 1676, is hereby amended to read as follows:

83-36 Sec. 91.1. 1. The records relating to a child must not be

83-37 sealed pursuant to the provisions of NRS 62.370 while the child

83-38 is subject to community notification as a juvenile sex offender.

83-39 2. [If] Except as otherwise provided in section 3 of Senate

83-40 Bill No. 285 of this session, if the child is relieved of being

83-41 subject to community notification as a juvenile sex offender

83-42 pursuant to section 91 of [this act,] Senate Bill No. 325 of this

83-43 session, all records relating to the child must be automatically

84-1 sealed when the child reaches 24 years of age as provided in

84-2 subsection 4 of NRS 62.370.

84-3 3. If the child is deemed to be an adult sex offender pursuant

84-4 to section 91 of [this act] Senate Bill No. 325 of this session or is

84-5 otherwise convicted of a sexual offense, as defined in section 48

84-6 of [this act,] Senate Bill No. 325 of this session, as an adult

84-7 before reaching 21 years of age:

84-8 (a) The records relating to the child must not be sealed

84-9 pursuant to the provisions of NRS 62.370; and

84-10 (b) Each delinquent act committed by the child that would

84-11 have been a sexual offense, as defined in section 48 of [this act,]

84-12 Senate Bill No. 325 of this session, if committed by an adult,

84-13 shall be deemed to be a criminal conviction for the purposes of:

84-14 (1) Registration and community notification pursuant to

84-15 sections 42 to 76, inclusive, of [this act;] Senate Bill No. 325 of

84-16 this session; and

84-17 (2) The statewide registry established within the central

84-18 repository pursuant to sections 2 to 20, inclusive, of [this act.]

84-19 Senate Bill No. 325 of this session.

84-20 Sec. 46. Section 16 of chapter 446, Statutes of Nevada 1997, at page

84-21 1574, is hereby amended to read as follows:

84-22 Sec. 16. NRS 361.320 is hereby amended to read as follows:

84-23 361.320 1. At the regular session of the Nevada tax

84-24 commission commencing on the first Monday in October of each

84-25 year, the Nevada tax commission shall establish the valuation for

84-26 assessment purposes of any property of an interstate and intercounty

84-27 nature, which must in any event include the property of all interstate

84-28 or intercounty railroad, sleeping car, private car, street railway,

84-29 traction, telegraph, water, telephone, scheduled and unscheduled

84-30 air transport, electric light and power companies, together with their

84-31 franchises, and the property and franchises of all railway express

84-32 companies operating on any common or contract carrier in this

84-33 state. This valuation must not include the value of vehicles as

84-34 defined in NRS 371.020.

84-35 2. Except as otherwise provided in subsection 3 and NRS

84-36 361.323, the commission shall establish and fix the valuation of the

84-37 franchise, if any, and all physical property used directly in the

84-38 operation of any such business of any such company in this state, as

84-39 a collective unit. If the company is operating in more than one

84-40 county, on establishing the unit valuation for the collective

84-41 property, the commission shall then determine the total aggregate

84-42 mileage operated within the state and within its several counties,

84-43 and apportion the mileage upon a mile-unit valuation basis. The

85-1 number of miles apportioned to any county are subject to

85-2 assessment in that county according to the mile-unit valuation

85-3 established by the commission.

85-4 3. After establishing the valuation, as a collective unit, of a

85-5 public utility which generates, transmits or distributes electricity,

85-6 the commission shall segregate the value of any project in this state

85-7 for the generation of electricity which is not yet put to use. This

85-8 value must be assessed in the county where the project is located

85-9 and must be taxed at the same rate as other property.

85-10 4. The Nevada tax commission shall adopt formulas, and cause

85-11 them to be incorporated in its records, providing the method or

85-12 methods pursued in fixing and establishing the taxable value of all

85-13 franchises and property assessed by it. The formulas must be

85-14 adopted and may be changed from time to time upon its own motion

85-15 or when made necessary by judicial decisions, but the formulas

85-16 must in any event show all the elements of value considered by the

85-17 commission in arriving at and fixing the value for any class of

85-18 property assessed by it. These formulas must take into account, as

85-19 indicators of value, the company’s income, stock and debt, and the

85-20 cost of its assets.

85-21 5. If two or more persons perform separate functions that

85-22 collectively are needed to deliver electric service to the final

85-23 customer and the property used in performing the functions would

85-24 be centrally assessed if owned by one person, the Nevada tax

85-25 commission shall establish its valuation and apportion the valuation

85-26 among the several counties in the same manner as the valuation of

85-27 other centrally assessed property. The Nevada tax commission shall

85-28 determine the proportion of the tax levied upon the property by

85-29 each county according to the valuation of the contribution of each

85-30 person to the aggregate valuation of the property. This subsection

85-31 does not apply to qualified facilities, as defined in 18 C.F.R. §

85-32 292.101, which were constructed before July 1, 1997.

85-33 6. As used in this section, "company" means any person,

85-34 company, corporation or association engaged in the business

85-35 described.

85-36 7. All other property must be assessed by the county assessors,

85-37 except as otherwise provided in NRS 361.321 and 362.100 and

85-38 except that the valuation of land and mobile homes must be

85-39 established for assessment purposes by the Nevada tax commission

85-40 as provided in NRS 361.325.

85-41 8. On or before November 1 of each year, the department shall

85-42 forward a tax statement to each private car line company based on

85-43 the valuation established pursuant to this section and in accordance

86-1 with the tax levies of the several districts in each county. The

86-2 company shall remit the ad valorem taxes due on or before

86-3 December 15 to the department which shall allocate the taxes due

86-4 each county on a mile-unit basis and remit the taxes to the counties

86-5 no later than January 31. The portion of the taxes which is due the

86-6 state must be transmitted directly to the state treasurer. A company

86-7 which fails to pay the tax within the time required shall pay a

86-8 penalty of 10 percent of the tax due or $5,000, whichever is greater,

86-9 in addition to the tax. Any amount paid as a penalty must be

86-10 deposited in the state general fund. The department may, for good

86-11 cause shown, waive the payment of a penalty pursuant to this

86-12 subsection. As an alternative to any other method of recovering

86-13 delinquent taxes provided by this chapter, the attorney general may

86-14 bring a civil action in a court of competent jurisdiction to recover

86-15 delinquent taxes due pursuant to this subsection in the manner

86-16 provided in NRS 361.560.

86-17 Sec. 47. Sections 34, 53, 87 and 88 of chapter 447, Statutes of Nevada

86-18 1997, at pages 1609, 1617 and 1633, are hereby amended to read

86-19 respectively as follows:

86-20 Sec. 34. NRS 321.500 is hereby amended to read as follows:

86-21 321.500 1. The commission may, on behalf of the State of

86-22 Nevada, purchase or otherwise acquire from the Federal

86-23 Government all or any portion of the lands described in subsection

86-24 2, at intervals during any period when a purchase or acquisition may

86-25 be made as provided by the Congress of the United States,

86-26 including any extension of time granted by the Secretary of the

86-27 Interior, or otherwise.

86-28 2. The lands referred to in subsection 1 are described as

86-29 follows:

86-30 (a) Parcel 1. All of sections 1, 12 and 13; fractional sections 24

86-31 and 25, T. 33 S., R. 65 E.

86-32 (b) Parcel 2. All of sections 6, 7 and 8; fractional sections 4, 5,

86-33 9, 10 and 15, all of section 16, fractional section 17, all of section

86-34 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

86-35 (c) Parcel 3. All of sections 9, 10, 11, 14, 15 and 16, east 1/2

86-36 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and

86-37 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4

86-38 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.

86-39 (d) Parcel 4. Fractional sections 4 and 5, T. 34 S., R. 66 E.,

86-40 and any other surveyed land or any unsurveyed land lying between

86-41 the lands described in parcels 2, 3 and 4 and the Arizona-Nevada

86-42 state line.

87-1 All [range] references to township and range in this subsection

87-2 refer to Mount Diablo base and meridian.

87-3 Sec. 53. NRS 458.420 is hereby amended to read as follows:

87-4 458.420 The commission shall:

87-5 1. Develop and coordinate a state master plan [which] that

87-6 must include [:] , without limitation:

87-7 (a) All existing and future plans and reports developed by state

87-8 and local agencies, task forces, councils, committees and

87-9 community programs for substance abuse education, prevention,

87-10 enforcement and treatment;

87-11 (b) A summary of the current activities of the commission;

87-12 (c) The goals and objectives of the commission;

87-13 (d) The order of priority concerning the efforts required to

87-14 achieve the goals and objectives of the commission; and

87-15 (e) A statement of the roles of state and local governmental

87-16 agencies and the private sector in the achievement of the goals and

87-17 objectives of the commission.

87-18 2. Prepare and deliver to the governor on or before September

87-19 1 of each year a report [which] that summarizes the status of the

87-20 state master plan and of the efforts of the commission to achieve its

87-21 goals and objectives.

87-22 3. Hold and coordinate public hearings throughout the state as

87-23 are necessary to receive information from the public relating to

87-24 education concerning the abuse of drugs and alcohol, prevention

87-25 and treatment of the abuse of drugs and alcohol and the

87-26 enforcement of laws relating to drugs and alcohol.

87-27 4. Encourage the creation of state and local task forces,

87-28 councils and committees relating to education concerning the abuse

87-29 of drugs and alcohol, prevention and treatment of the abuse of drugs

87-30 and alcohol and enforcement of laws relating to drugs and alcohol

87-31 and develop procedures to receive information and

87-32 recommendations from the task forces, councils and committees on

87-33 a regular basis.

87-34 5. Recommend to the governor in its annual report any

87-35 proposed legislation relating to education concerning the abuse of

87-36 drugs and alcohol, prevention and treatment of the abuse of drugs

87-37 and alcohol and enforcement of laws relating to drugs and alcohol.

87-38 6. Collect, evaluate and disseminate information concerning the

87-39 performance of the programs for substance abuse education,

87-40 prevention, enforcement and treatment.

87-41 7. Disseminate information concerning any new developments

87-42 in research or programs for substance abuse education, prevention,

87-43 enforcement and treatment.

88-1 8. Establish a program to recognize publicly persons and

88-2 programs that have helped to prevent and treat the abuse of drugs

88-3 and alcohol and enforce laws relating to drugs and alcohol in this

88-4 state.

88-5 9. Disseminate information concerning the provisions of NRS

88-6 62.226 and 62.227 and sections 2 and 3 of [this act] Assembly Bill

88-7 No. 176 of this session with the assistance of the department of

88-8 [human resources,] employment, training and rehabilitation, the

88-9 department of motor vehicles and public safety , and the

88-10 superintendent of public instruction.

88-11 Sec. 87. NRS 630A.300 and 695A.008 , and section 13 of

88-12 chapter 603, Statutes of Nevada 1997, at page 3024, are hereby

88-13 repealed.

88-14 Sec. 88. 1. This section and sections 1 to 3, inclusive,

88-15 sections 5 to 13, inclusive, sections 15 to 19, inclusive, sections 21

88-16 to 29, inclusive, section 33, sections [33] 35 to 39, inclusive,

88-17 sections 41 to 87, inclusive, and section 89 of this act become

88-18 effective upon passage and approval.

88-19 2. Sections 20, 30, 31 and 32 of this act become effective at

88-20 12:01 a.m. on July 1, 1997.

88-21 3. Section 34 of this act becomes effective on July 17, 1997.

88-22 4. Sections 4 and 14 of this act become effective at 12:01 a.m.

88-23 on October 1, 1997.

88-24 Sec. 48. 1. Section 5 of chapter 454, Statutes of Nevada 1997, at

88-25 page 1719, is hereby amended to read as follows:

88-26 Sec. 5. 1. This section and sections 2 and 3 of this act

88-27 become effective upon passage and approval.

88-28 2. Sections 1 and 4 of this act become effective on October 1,

88-29 1997.

88-30 3. Section 1.5 of this act becomes effective on July 1, 1999.

88-31 2. Chapter 454, Statutes of Nevada 1997, at page 1718, is hereby

88-32 amended by adding thereto a new section to be designated as section 1.5,

88-33 immediately following section 1, to read as follows:

88-34 Sec. 1.5. Section 1 of this act is hereby amended to read as

88-35 follows:

88-36 Section 1. Chapter 422 of NRS is hereby amended by

88-37 adding thereto a new section to read as follows:

88-38 1. The department, through the welfare division , [of health

88-39 care financing and policy,] shall pay, under the state plan for

88-40 Medicaid:

88-41 (a) A freestanding facility for hospice care licensed pursuant

88-42 to NRS 449.030; or

89-1 (b) A program for hospice care licensed pursuant to NRS

89-2 449.030,

89-3 for the services for hospice care provided by that facility or

89-4 program to a person who is eligible to receive Medicaid.

89-5 2. As used in this section:

89-6 (a) "Freestanding facility for hospice care" has the meaning

89-7 ascribed to it in NRS 449.006.

89-8 (b) "Hospice care" has the meaning ascribed to it in NRS

89-9 449.0115.

89-10 Sec. 49. 1. Sections 2, 4, 5 and 6 of chapter 455, Statutes of Nevada

89-11 1997, at pages 1720, 1721 and 1722, are hereby amended to read

89-12 respectively as follows:

89-13 Sec. 2. NRS 200.508 is hereby amended to read as follows:

89-14 200.508 1. A person who:

89-15 (a) Willfully causes a child who is less than 18 years of age to

89-16 suffer unjustifiable physical pain or mental suffering as a result of

89-17 abuse or neglect or to be placed in a situation where the child may

89-18 suffer physical pain or mental suffering as the result of abuse or

89-19 neglect; or

89-20 (b) Is responsible for the safety or welfare of a child and who

89-21 permits or allows that child to suffer unjustifiable physical pain or

89-22 mental suffering as a result of abuse or neglect or to be placed in a

89-23 situation where the child may suffer physical pain or mental

89-24 suffering as the result of abuse or neglect,

89-25 is guilty of a gross misdemeanor unless a more severe penalty is

89-26 prescribed by law for an act or omission which brings about the

89-27 abuse, neglect or danger.

89-28 2. A person who violates any provision of subsection 1, if

89-29 substantial bodily or mental harm results to the child [,] :

89-30 (a) If the child is less than 14 years of age and the harm is the

89-31 result of sexual abuse or exploitation, is guilty of a category A

89-32 felony and shall be punished by imprisonment in the state prison

89-33 for life with the possibility of parole, with eligibility for parole

89-34 beginning when a minimum of 10 years has been served; or

89-35 (b) In all other such cases to which paragraph (a) does not

89-36 apply, is guilty of a category B felony and shall be punished by

89-37 imprisonment in the state prison for a minimum term of not less

89-38 than 2 years and a maximum term of not more than 20 years.

89-39 3. As used in this section:

89-40 (a) "Abuse or neglect" means physical or mental injury of a

89-41 nonaccidental nature, sexual abuse, sexual exploitation, negligent

89-42 treatment or maltreatment of a child under the age of 18 years, as

89-43 set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110,

90-1 432B.140 and 432B.150, under circumstances which indicate that

90-2 the child’s health or welfare is harmed or threatened with harm.

90-3 (b) "Allow" means to do nothing to prevent or stop the abuse or

90-4 neglect of a child in circumstances where the person knows or has

90-5 reason to know that the child is abused or neglected.

90-6 (c) "Permit" means permission that a reasonable person would

90-7 not grant and which amounts to a neglect of responsibility attending

90-8 the care, custody and control of a minor child.

90-9 (d) "Physical injury" means:

90-10 (1) Permanent or temporary disfigurement; or

90-11 (2) Impairment of any bodily function or organ of the body.

90-12 (e) "Substantial mental harm" means an injury to the intellectual

90-13 or psychological capacity or the emotional condition of a child as

90-14 evidenced by an observable and substantial impairment of the

90-15 ability of the child to function within his normal range of

90-16 performance or behavior.

90-17 Sec. 4. NRS 201.195 is hereby amended to read as follows:

90-18 201.195 1. A person who incites, entices or solicits a minor to

90-19 engage in acts which constitute the infamous crime against nature:

90-20 (a) If the minor actually engaged in such acts as a result [,] and:

90-21 (1) The minor was less than 14 years of age, is guilty of a

90-22 category A felony and shall be punished by imprisonment in the

90-23 state prison for life with the possibility of parole, with eligibility

90-24 for parole beginning when a minimum of 10 years has been

90-25 served.

90-26 (2) The minor was 14 years of age or older, is guilty of a

90-27 category D felony and shall be punished as provided in NRS

90-28 193.130.

90-29 (b) If the minor did not engage in such acts:

90-30 (1) For the first offense, is guilty of a gross misdemeanor.

90-31 (2) For any subsequent offense, is guilty of a category D

90-32 felony and shall be punished as provided in NRS 193.130.

90-33 2. As used in this section, the "infamous crime against nature"

90-34 means anal intercourse, cunnilingus or fellatio between natural

90-35 persons of the same sex. Any sexual penetration, however slight, is

90-36 sufficient to complete the infamous crime against nature.

90-37 Sec. 5. NRS 201.230 is hereby amended to read as follows:

90-38 201.230 A person who willfully and lewdly commits any lewd

90-39 or lascivious act, other than acts constituting the crime of sexual

90-40 assault, upon or with the body, or any part or member thereof, of a

90-41 child under the age of 14 years, with the intent of arousing,

90-42 appealing to, or gratifying the lust or passions or sexual desires of

90-43 that person or of that child, is guilty of a category [B] A felony and

91-1 shall be punished by imprisonment in the state prison for [a

91-2 minimum term of not less than 2 years and a maximum term of not

91-3 more than] life with the possibility of parole, with eligibility for

91-4 parole beginning when a minimum of 10 years [,] has been

91-5 served, and may be further punished by a fine of not more than

91-6 $10,000.

91-7 Sec. 6. Chapter 213 of NRS is hereby amended by adding

91-8 thereto a new section to read as follows:

91-9 1. In addition to any conditions of parole required to be

91-10 imposed pursuant to section 94 of Senate Bill No. 325 of this

91-11 session, as a condition of releasing on parole a prisoner who was

91-12 convicted of committing an offense listed in subsection 2 against

91-13 a child under the age of 14 years, the board shall, when

91-14 appropriate:

91-15 (a) Require the parolee to participate in psychological

91-16 counseling;

91-17 (b) Prohibit the parolee from being alone with a child unless

91-18 another adult who has never been convicted of a sexual offense is

91-19 present; and

91-20 (c) Prohibit the parolee from being on or near the grounds of

91-21 any place that is primarily designed for use by or for children,

91-22 including, without limitation, a public or private school, a center

91-23 or facility that provides day care services, a video arcade and an

91-24 amusement park.

91-25 2. The provisions of subsection 1 apply to a prisoner who was

91-26 convicted of:

91-27 (a) Sexual assault pursuant to paragraph (c) of subsection 3 of

91-28 NRS 200.366;

91-29 (b) Abuse or neglect of a child pursuant to paragraph (a) of

91-30 subsection 2 of NRS 200.508;

91-31 (c) An offense punishable pursuant to subsection 2 of NRS

91-32 200.750;

91-33 (d) Solicitation of a minor to engage in acts constituting the

91-34 infamous crime against nature pursuant to subparagraph (1) of

91-35 paragraph (a) of subsection 1 of NRS 201.195;

91-36 (e) Lewdness with a child pursuant to NRS 201.230; or

91-37 (f) Any combination of the crimes listed in paragraphs (a) to

91-38 (e), inclusive.

91-39 2. Chapter 455, Statutes of Nevada 1997, at page 1723, is hereby

91-40 amended by adding thereto a new section to be designated as section 10,

91-41 immediately following section 9, to read as follows:

91-42 Sec. 10. Sections 2, 4 and 5 of this act become effective at

91-43 12:01 a.m. on October 1, 1997.

92-1 Sec. 50. Section 5 of chapter 464, Statutes of Nevada 1997, at

92-2 page 1739, is hereby amended to read as follows:

92-3 Sec. 5. NRS 354.624 is hereby amended to read as follows:

92-4 354.624 1. Each local government shall provide for an annual

92-5 audit of all of its:

92-6 (a) Funds;

92-7 (b) Account groups; and

92-8 (c) Separate accounts established pursuant to NRS 354.603.

92-9 A local government may provide for more frequent audits as it

92-10 deems necessary. Except as otherwise provided in subsection 2,

92-11 each annual audit must be concluded and the report of the audit

92-12 submitted to the governing body as provided in subsection 5 not

92-13 later than 5 months after the close of the fiscal year for which the

92-14 audit is conducted. An extension of this time may be granted by the

92-15 department of taxation to any local government [which makes] that

92-16 submits an application for an extension [.] to the department. If the

92-17 local government fails to provide for an audit in accordance with

92-18 the provisions of this section, the department of taxation shall cause

92-19 the audit to be made at the expense of the local government. All

92-20 audits must be [made] conducted by a public accountant who is

92-21 certified or registered or by a partnership or professional

92-22 corporation that is registered pursuant to chapter 628 of NRS.

92-23 2. The annual audit of a school district must be concluded and

92-24 the report submitted to the board of trustees as provided in

92-25 subsection 5 not later than 4 months after the close of the fiscal year

92-26 for which the audit is conducted.

92-27 3. The governing body may, without requiring competitive

92-28 bids, designate the auditor or firm annually. The auditor or firm

92-29 must be designated not later than 3 months before the close of the

92-30 fiscal year for which the audit is to be made.

92-31 4. Each annual audit must cover the business of the local

92-32 government during the full fiscal year. It must be a financial audit

92-33 conducted in accordance with generally accepted auditing

92-34 standards, including comment on compliance with statutes and

92-35 regulations, recommendations for improvements and any other

92-36 comments deemed pertinent by the auditor, including his expression

92-37 of opinion on the financial statements. The department of taxation

92-38 shall prescribe the form of the financial statements , [must be

92-39 prescribed by the department of taxation,] and the chart of accounts

92-40 must be as nearly as possible the same as the chart that is used in

92-41 the preparation and publication of the annual budget. The report of

92-42 the audit must include:

93-1 (a) A schedule of all fees imposed by the local government

93-2 which were subject to the provisions of NRS 354.5989;

93-3 (b) A comparison of the operations of the local government with

93-4 the approved budget [and] , including a statement from the auditor

93-5 that [previously noted] indicates whether the governing body has

93-6 taken action by adoption as recommended, by adoption with

93-7 modifications or by rejection on any deficiencies in operations and

93-8 [previously made] recommendations for improvements [contained]

93-9 which were noted or made in previous reports ; [have been acted

93-10 upon by adoption as recommended, adoption with modifications or

93-11 rejection; and]

93-12 (c) A statement from the auditor [indicating] that indicates

93-13 whether each of the following funds established by the local

93-14 government is being used expressly for the purposes for which it

93-15 was created, in the form required by NRS 354.6241:

93-16 (1) An enterprise fund.

93-17 (2) An internal service fund.

93-18 (3) A trust or agency fund.

93-19 (4) A self-insurance fund.

93-20 (5) A fund whose balance is required by law to be:

93-21 (I) Used only for a specific purpose other than the payment

93-22 of compensation to a bargaining unit, as defined in NRS 288.028;

93-23 or

93-24 (II) Carried forward to the succeeding fiscal year in any

93-25 designated amount [.] ; and

93-26 (d) A list and description of any property conveyed to a

93-27 nonprofit organization pursuant to section 1 or 3 of this act.

93-28 5. The recommendations and the summary of the narrative

93-29 comments contained in the report of the audit must be read in full at

93-30 a meeting of the governing body held not more than 30 days after

93-31 the report is submitted to it. Immediately thereafter, the entire

93-32 report, together with any related letter to the governing body

93-33 required by generally accepted auditing standards or by regulations

93-34 adopted pursuant to NRS 354.594, must be filed as a public record

93-35 with:

93-36 (a) The clerk or secretary of the governing body;

93-37 (b) The county clerk;

93-38 (c) The department of taxation; and

93-39 (d) In the case of a school district, the department of education.

93-40 6. The governing body shall act upon the recommendations of

93-41 the report of the audit within 3 months after receipt of the report,

93-42 unless prompter action is required concerning violations of law or

93-43 regulation, by setting forth in its minutes its intention to adopt the

94-1 recommendations, to adopt them with modifications or to reject

94-2 them for reasons shown in the minutes.

94-3 Sec. 51. Sections 1 and 8 of chapter 466, Statutes of Nevada 1997, at

94-4 pages 1742 and 1750, respectively, are hereby amended to read

94-5 respectively as follows:

94-6 Section 1. NRS 483.460 is hereby amended to read as follows:

94-7 483.460 1. Except as otherwise provided by statute, the

94-8 department shall revoke the license, permit or privilege of any

94-9 driver upon receiving a record of his conviction of any of the

94-10 following offenses, when that conviction has become final, and the

94-11 driver is not eligible for a license, permit or privilege to drive for

94-12 the period indicated:

94-13 (a) For a period of 3 years if the offense is:

94-14 (1) A violation of subsection 2 of NRS 484.377.

94-15 (2) A third or subsequent violation within 7 years of NRS

94-16 484.379.

94-17 (3) A violation of NRS 484.3795 or homicide resulting from

94-18 driving a vehicle while under the influence of intoxicating liquor or

94-19 a controlled substance.

94-20 The period during which such a driver is not eligible for a license,

94-21 permit or privilege to drive must be set aside during any period of

94-22 imprisonment and the period of revocation must resume upon

94-23 completion of the period of imprisonment or when the person is

94-24 placed on residential confinement.

94-25 (b) For a period of 1 year if the offense is:

94-26 (1) Any other manslaughter resulting from the driving of a

94-27 motor vehicle or felony in the commission of which a motor vehicle

94-28 is used, including the unlawful taking of a motor vehicle.

94-29 (2) Failure to stop and render aid as required pursuant to the

94-30 laws of this state in the event of a motor vehicle accident resulting

94-31 in the death or bodily injury of another.

94-32 (3) Perjury or the making of a false affidavit or statement

94-33 under oath to the department [under] pursuant to NRS 483.010 to

94-34 483.630, inclusive, or pursuant to any other law relating to the

94-35 ownership or driving of motor vehicles.

94-36 (4) Conviction, or forfeiture of bail not vacated, upon three

94-37 charges of reckless driving committed within a period of 12 months.

94-38 (5) A second violation within 7 years of NRS 484.379 and,

94-39 except as otherwise provided in subsection 3 of NRS 483.490, the

94-40 driver is not eligible for a restricted license during any of that

94-41 period.

94-42 (6) A violation of NRS 484.348.

95-1 (c) For a period of 90 days, if the offense is a first violation

95-2 within 7 years of NRS 484.379.

95-3 2. The department shall revoke the license, permit or privilege

95-4 of a driver convicted of violating NRS 484.379 who fails to

95-5 complete the educational course on the use of alcohol and

95-6 controlled substances within the time ordered by the court and shall

95-7 add a period of 90 days during which the driver is not eligible for a

95-8 license, permit or privilege [.] to drive.

95-9 3. When the department is notified by a court that a person who

95-10 has been convicted of violating NRS 484.379 has been permitted to

95-11 enter a program of treatment pursuant to NRS 484.3794 [,] or

95-12 section 3 of this act, the department shall reduce by one-half the

95-13 period during which he is not eligible for a license, permit or

95-14 privilege to drive, but shall restore that reduction in time if notified

95-15 that he was not accepted for or failed to complete the treatment.

95-16 4. The department shall revoke the license, permit or privilege

95-17 to drive of a [driver] person who is required to install a device

95-18 pursuant to NRS 484.3943 but who operates a motor vehicle

95-19 without such a device:

95-20 (a) For 3 years , if it is his first such offense during the period of

95-21 required use of the device.

95-22 (b) For 5 years , if it is his second such offense during the period

95-23 of required use of the device.

95-24 5. A driver whose license, permit or privilege is revoked

95-25 pursuant to subsection 4 is not eligible for a restricted license

95-26 during the period set forth in paragraph (a) or (b) of that subsection,

95-27 whichever is applicable.

95-28 6. When the department is notified that a court has:

95-29 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211,

95-30 NRS 62.226 or 62.228, or section 2 of Assembly Bill No. 176 of

95-31 this session or section 14 of Assembly Bill No. 486 of this session,

95-32 ordered the suspension or delay in the issuance of a child’s license;

95-33 (b) Pursuant to NRS 206.330, ordered the suspension or delay in

95-34 the issuance of a person’s license; or

95-35 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s

95-36 license,

95-37 the department shall take such actions as are necessary to carry out

95-38 the court’s order.

95-39 7. As used in this section, "device" has the meaning ascribed to

95-40 it in NRS 484.3941.

95-41 Sec. 8. 1. [Section] Sections 1 and 4 of this act [becomes]

95-42 become effective at 12:01 a.m. on October 1, 1997.

96-1 2. Section 7 of this act becomes effective at 12:02 a.m. on

96-2 October 1, 1997.

96-3 Sec. 52. 1. Sections 5, 27, 30, 31 and 64 of chapter 473, Statutes of

96-4 Nevada 1997, at pages 1759, 1770, 1773, 1774 and 1788, respectively, are

96-5 hereby amended to read respectively as follows:

96-6 Sec. 5. The department shall, on or before December 15 of

96-7 each year:

96-8 1. Evaluate the information submitted by each school district

96-9 pursuant to paragraphs (b), (g) and (i) of subsection 2 of NRS

96-10 385.347; and

96-11 2. Based upon its evaluation and in accordance with the

96-12 criteria set forth in sections 6 and 7 of this act, designate each

96-13 public school within each school district as:

96-14 (a) Demonstrating high achievement;

96-15 (b) Demonstrating adequate achievement; or

96-16 (c) Demonstrating inadequate achievement.

96-17 Sec. 27. 1. The commission on educational technology,

96-18 consisting of 11 members, is hereby created. The superintendent

96-19 of public instruction and the director of the department of

96-20 information technology shall serve ex officio as nonvoting

96-21 members of the commission.

96-22 2. The governor shall appoint the following voting members

96-23 to the commission, at least two of whom must reside in a county

96-24 whose population is less than 100,000:

96-25 (a) One administrator in a public school who possesses

96-26 knowledge and experience in the general application of

96-27 technology;

96-28 (b) One school teacher in a public elementary school who

96-29 possesses knowledge and experience in the use of educational

96-30 technology in the public schools;

96-31 (c) One school teacher in a public secondary school who

96-32 possesses knowledge and experience in the use of educational

96-33 technology in the public schools;

96-34 (d) One representative of public libraries who possesses

96-35 knowledge and experience in the general application of

96-36 technology;

96-37 (e) One representative of the University and Community

96-38 College System of Nevada who possesses knowledge and

96-39 experience in the use of educational technology in institutions of

96-40 higher education;

96-41 (f) One representative of the private sector who possesses

96-42 knowledge and experience in the use of technology; and

97-1 (g) One parent or legal guardian who possesses knowledge and

97-2 experience in the general application of technology.

97-3 3. The senate majority leader shall appoint two voting

97-4 members to the commission:

97-5 (a) One of whom is a member of the senate; and

97-6 (b) One of whom is employed in the field of technology.

97-7 4. The speaker of the assembly shall appoint two voting

97-8 members to the commission:

97-9 (a) One of whom is a member of the assembly; and

97-10 (b) One of whom is employed in the field of technology.

97-11 5. The governor shall appoint a chairman among the voting

97-12 members of the commission.

97-13 6. The term of each member of the commission is 2 years,

97-14 commencing on July 1 of each odd-numbered year and expiring

97-15 on June 30 of the immediately succeeding odd-numbered year.

97-16 Upon the expiration of a term of a member, he may be

97-17 reappointed, if he still possesses any requisite qualifications for

97-18 appointment. There is no limit on the number of terms that a

97-19 member may serve.

97-20 7. The person or entity who appoints a member to the

97-21 commission may remove that member if the member neglects his

97-22 duty or commits malfeasance in office, or for other just cause.

97-23 Any vacancy in the membership of the commission must be filled

97-24 for the remainder of the unexpired term in the same manner as

97-25 the original appointment.

97-26 8. The commission shall hold at least four regular meetings

97-27 each year, and may hold special meetings at the call of the

97-28 chairman.

97-29 9. Members of the commission who are not legislators serve

97-30 without compensation, except that for each day or portion of a

97-31 day during which a member of the commission attends a meeting

97-32 of the commission or is otherwise engaged in the business of the

97-33 commission, he is entitled to receive the per diem allowance and

97-34 travel expenses provided for state officers and employees

97-35 generally.

97-36 10. For each day or portion of a day during which a member

97-37 of the commission who is a legislator attends a meeting of the

97-38 commission or is otherwise engaged in the work of the

97-39 commission, except during a regular or special session of the

97-40 legislature, he is entitled to receive the:

97-41 (a) Compensation provided for a majority of the members of

97-42 the legislature during the first 60 days of the preceding session;

98-1 (b) Per diem allowance provided for state officers and

98-2 employees generally; and

98-3 (c) Travel expenses provided pursuant to NRS 218.2207.

98-4 The compensation, per diem allowances and travel expenses of

98-5 the legislative members of the commission must be paid from the

98-6 legislative fund.

98-7 Sec. 30. NRS 389.015 is hereby amended to read as follows:

98-8 389.015 1. The board of trustees of each school district shall

98-9 administer examinations in all public schools within its district to

98-10 determine the achievement and proficiency of pupils in:

98-11 (a) Reading;

98-12 (b) Writing; [and

98-13 (c) Mathematics.]

98-14 (c) Mathematics; and

98-15 (d) Science.

98-16 2. The examinations required by subsection 1 must be:

98-17 (a) Administered before the completion of grades 4, 8 , 10 and

98-18 11.

98-19 (b) Administered in each school district at the same time. The

98-20 time for the administration of the examinations must be prescribed

98-21 by the state board.

98-22 (c) Administered in each school in accordance with uniform

98-23 procedures adopted by the state board. The department shall

98-24 monitor the compliance of school districts and individual schools

98-25 with the uniform procedures.

98-26 (d) Scored by the department or a single private entity that has

98-27 contracted with the state board to score the examinations. If a

98-28 private entity scores the examinations, it shall report the results of

98-29 the examinations in the form and by the date required by the

98-30 department.

98-31 3. Not more than 14 working days after the results of the

98-32 examinations are reported to the department by a private entity that

98-33 scored the examinations or the department completes the scoring of

98-34 the examinations, the superintendent of public instruction shall

98-35 certify that the results of the examinations have been transmitted to

98-36 each school district. Not more than 10 working days after a school

98-37 district receives the results of the examinations, the superintendent

98-38 of public instruction shall certify that the results of the examinations

98-39 have been transmitted to each school within the school district. Not

98-40 more than 10 working days after each school receives the results of

98-41 the examinations, the principal of each school shall certify that the

98-42 results for each pupil have been provided to the parent or legal

98-43 guardian of the pupil:

99-1 (a) During a conference between the teacher of the pupil or

99-2 administrator of the school and the parent or legal guardian of the

99-3 pupil; or

99-4 (b) By mailing the results of the examinations to the last known

99-5 address of the parent or legal guardian of the pupil.

99-6 4. Different standards of proficiency may be adopted for pupils

99-7 with diagnosed learning disabilities. If different standards of

99-8 proficiency are adopted or other modifications or accommodations

99-9 are made in the administration of the examinations for a pupil who

99-10 is enrolled in a program of special education pursuant to NRS

99-11 388.440 to 388.520, inclusive, other than a gifted and talented

99-12 pupil, the different standards adopted or other modifications or

99-13 accommodations must be set forth in the pupil’s program of special

99-14 education developed in accordance with the Individuals with

99-15 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the

99-16 standards prescribed by the state board.

99-17 5. If a pupil fails to demonstrate at least adequate achievement

99-18 on the examination administered before the completion of grade 4

99-19 [or 8,] , 8 or 10, he may be promoted to the next higher grade, but

99-20 the results of his examination must be evaluated to determine what

99-21 remedial study is appropriate. If such a pupil is enrolled at a

99-22 school that has been designated as demonstrating inadequate

99-23 achievement pursuant to section 7 of this act, the pupil must, in

99-24 accordance with the requirements set forth in this subsection,

99-25 complete a program of remedial study pursuant to section 10 of

99-26 this act.

99-27 6. If a pupil fails to pass the proficiency examination

99-28 administered before the completion of grade 11, he must not be

99-29 graduated until he is able, through remedial study, to pass the

99-30 proficiency examination, but he may be given a certificate of

99-31 attendance, in place of a diploma, if he has reached the age of 17

99-32 years.

99-33 [6.] 7. The state board shall prescribe standard examinations of

99-34 achievement and proficiency to be administered pursuant to

99-35 subsection 1. The examinations on reading , [and] mathematics and

99-36 science prescribed for grades 4 , [and] 8 and 10 must be selected

99-37 from examinations created by private entities and administered to a

99-38 national reference group, and must allow for a comparison of the

99-39 achievement and proficiency of pupils in grades 4 , [and] 8 and 10

99-40 in this state to that of a national reference group of pupils in grades

99-41 4 [and 8.] , 8 and 10. The questions contained in the examinations

99-42 and the approved answers used for grading them are confidential,

99-43 and disclosure is unlawful except:

100-1 (a) To the extent necessary for administering and evaluating the

100-2 examinations.

100-3 (b) That a disclosure may be made to a state officer who is a

100-4 member of the executive or legislative branch to the extent that it is

100-5 related to the performance of that officer’s duties.

100-6 (c) That specific questions and answers may be disclosed if the

100-7 superintendent of public instruction determines that the content of

100-8 the questions and answers is not being used in a current examination

100-9 and making the content available to the public poses no threat to the

100-10 security of the current examination process.

100-11 Sec. 31. NRS 389.017 is hereby amended to read as follows:

100-12 389.017 1. The state board shall prescribe regulations

100-13 requiring that each board of trustees of a school district submit to

100-14 the superintendent of public instruction [,] and the department, in

100-15 the form and manner prescribed by the superintendent, the results of

100-16 achievement and proficiency examinations given in the 4th, 8th ,

100-17 10th and 11th grades [of] to public school pupils in the district. The

100-18 state board shall not include in the regulations any provision which

100-19 would violate the confidentiality of the test scores of any individual

100-20 pupil.

100-21 2. The results of examinations administered to all pupils must

100-22 be reported for each school, school district and this state as follows:

100-23 (a) The average score of pupils with disabilities for whom

100-24 different standards of achievement are adopted or other

100-25 modifications or accommodations are made if such reporting does

100-26 not violate the confidentiality of the test scores of any individual

100-27 pupil;

100-28 (b) The average score of pupils for whom different standards of

100-29 achievement were not adopted or other modifications or

100-30 accommodations were not made; and

100-31 (c) The average score of all pupils who were tested.

100-32 3. On or before November 1 of each year, each school district

100-33 shall report to the department the following information for each

100-34 examination administered in the public schools in the school

100-35 district:

100-36 (a) The examination administered;

100-37 (b) The grade level or levels of pupils to whom the examination

100-38 was administered;

100-39 (c) The costs incurred by the school district in administering

100-40 each examination; and

100-41 (d) The purpose, if any, for which the results of the examination

100-42 are used by the school district.

101-1 On or before December 1 of each year, the department shall

101-2 transmit to the budget division of the department of administration

101-3 and the fiscal analysis division of the legislative counsel bureau the

101-4 information submitted to the department pursuant to this subsection.

101-5 4. The superintendent of schools of each school district shall

101-6 certify that the number of pupils who took the examinations

101-7 required pursuant to NRS 389.015 is equal to the number of pupils

101-8 who are enrolled in each school in the school district who are

101-9 required to take the examinations except for those pupils who are

101-10 exempt from taking the examinations. A pupil may be exempt from

101-11 taking the examinations if:

101-12 (a) His proficiency in the English language is below the average

101-13 proficiency of pupils at the same grade level; or

101-14 (b) He is enrolled in a program of special education pursuant to

101-15 NRS 388.440 to 388.520, inclusive, and his program of special

101-16 education specifies that he is exempt from taking the examinations.

101-17 5. In addition to the information required by subsection 3, the

101-18 superintendent of public instruction shall:

101-19 (a) Report the number of pupils who were not exempt from

101-20 taking the examinations but were absent from school on the day that

101-21 the examinations were administered; and

101-22 (b) Reconcile the number of pupils who were required to take

101-23 the examinations with the number of pupils who were exempt from

101-24 taking the examinations or absent from school on the day that the

101-25 examinations were administered.

101-26 Sec. 64. 1. This section and section 63 of this act become

101-27 effective upon passage and approval.

101-28 2. Subsection 1 of section 61 of this act becomes effective on

101-29 June 30, 1997. Subsections 2 to 11, inclusive, of section 61 of this

101-30 act become effective on July 1, 1997.

101-31 3. Section 27 of this act becomes effective upon passage and

101-32 approval for purposes of appointing members to the commission on

101-33 educational technology, created pursuant to section 27 of this act,

101-34 and on July 1, 1997, for all other purposes.

101-35 4. Section 37 of this act becomes effective upon passage and

101-36 approval for purposes of appointing members to the legislative

101-37 committee on education, created pursuant to section 37 of this act,

101-38 and on July 1, 1997, for all other purposes.

101-39 5. Section 43 of this act becomes effective upon passage and

101-40 approval for purposes of appointing members to the council to

102-1 establish academic standards for public schools, created pursuant to

102-2 section 43 of this act, and on July 1, 1997, for all other purposes,

102-3 and expires by limitation on June 30, 2001.

102-4 6. Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to [42,]

102-5 42.1, inclusive, 46 to 60, inclusive, and 62 of this act become

102-6 effective on July 1, 1997.

102-7 7. Sections 44 and 45 of this act become effective on July 1,

102-8 1997, and expire by limitation on June 30, 2003.

102-9 8. Sections 1 to 19, inclusive, of this act become effective on

102-10 January 1, 1998.

102-11 2. Chapter 473, Statutes of Nevada 1997, at page 1779, is hereby

102-12 amended by adding thereto a new section to be designated as section 42.1,

102-13 immediately following section 42, to read as follows:

102-14 Sec. 42.1. Sections 42 and 43 of chapter 480, Statutes of

102-15 Nevada 1997, at pages 1868 and 1869, respectively, are hereby

102-16 amended to read respectively as follows:

102-17 Sec. 42. NRS 389.015 is hereby amended to read as follows:

102-18 389.015 1. The board of trustees of each school district

102-19 shall administer examinations in all public schools [within its

102-20 district to] of the school district. The governing body of a

102-21 charter school shall administer the same examinations in the

102-22 charter school. The examinations administered by the board of

102-23 trustees and governing body must determine the achievement

102-24 and proficiency of pupils in:

102-25 (a) Reading;

102-26 (b) Writing;

102-27 (c) Mathematics; and

102-28 (d) Science.

102-29 2. The examinations required by subsection 1 must be:

102-30 (a) Administered before the completion of grades 4, 8, 10 and

102-31 11.

102-32 (b) Administered in each school district and each charter

102-33 school at the same time. The time for the administration of the

102-34 examinations must be prescribed by the state board.

102-35 (c) Administered in each school in accordance with uniform

102-36 procedures adopted by the state board. The department shall

102-37 monitor the compliance of school districts and individual schools

102-38 with the uniform procedures.

102-39 (d) Scored by the department or a single private entity that has

102-40 contracted with the state board to score the examinations. If a

102-41 private entity scores the examinations, it shall report the results of

102-42 the examinations in the form and by the date required by the

102-43 department.

103-1 3. Not more than 14 working days after the results of the

103-2 examinations are reported to the department by a private entity

103-3 that scored the examinations or the department completes the

103-4 scoring of the examinations, the superintendent of public

103-5 instruction shall certify that the results of the examinations have

103-6 been transmitted to each school district [.] and each charter

103-7 school. Not more than 10 working days after a school district

103-8 receives the results of the examinations, the superintendent of

103-9 public instruction shall certify that the results of the examinations

103-10 have been transmitted to each school within the school district.

103-11 Not more than 10 working days after each school receives the

103-12 results of the examinations, the principal of each school and the

103-13 governing body of each charter school shall certify that the

103-14 results for each pupil have been provided to the parent or legal

103-15 guardian of the pupil:

103-16 (a) During a conference between the teacher of the pupil or

103-17 administrator of the school and the parent or legal guardian of the

103-18 pupil; or

103-19 (b) By mailing the results of the examinations to the last

103-20 known address of the parent or legal guardian of the pupil.

103-21 4. Different standards of proficiency may be adopted for

103-22 pupils with diagnosed learning disabilities. If different standards

103-23 of proficiency are adopted or other modifications or

103-24 accommodations are made in the administration of the

103-25 examinations for a pupil who is enrolled in a program of special

103-26 education pursuant to NRS 388.440 to 388.520, inclusive, other

103-27 than a gifted and talented pupil, the different standards adopted

103-28 or other modifications or accommodations must be set forth in

103-29 the pupil’s program of special education developed in accordance

103-30 with the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., and the standards prescribed by the state board.

103-31 5. If a pupil fails to demonstrate at least adequate

103-32 achievement on the examination administered before the

103-33 completion of grade 4, 8 or 10, he may be promoted to the next

103-34 higher grade, but the results of his examination must be evaluated

103-35 to determine what remedial study is appropriate. If such a pupil is

103-36 enrolled at a school that has been designated as demonstrating

103-37 inadequate achievement pursuant to section 7 of [this act,] Senate

103-38 Bill No. 482 of this session, the pupil must, in accordance with

103-39 the requirements set forth in this subsection, complete a program

103-40 of remedial study pursuant to section 10 of [this act.] Senate Bill

103-41 No. 482 of this session.

104-1 6. If a pupil fails to pass the proficiency examination

104-2 administered before the completion of grade 11, he must not be

104-3 graduated until he is able, through remedial study, to pass the

104-4 proficiency examination, but he may be given a certificate of

104-5 attendance, in place of a diploma, if he has reached the age of 17

104-6 years.

104-7 7. The state board shall prescribe standard examinations of

104-8 achievement and proficiency to be administered pursuant to

104-9 subsection 1. The examinations on reading, mathematics and

104-10 science prescribed for grades 4, 8 and 10 must be selected from

104-11 examinations created by private entities and administered to a

104-12 national reference group, and must allow for a comparison of the

104-13 achievement and proficiency of pupils in grades 4, 8 and 10 in

104-14 this state to that of a national reference group of pupils in grades

104-15 4, 8 and 10. The questions contained in the examinations and the

104-16 approved answers used for grading them are confidential, and

104-17 disclosure is unlawful except:

104-18 (a) To the extent necessary for administering and evaluating

104-19 the examinations.

104-20 (b) That a disclosure may be made to a state officer who is a

104-21 member of the executive or legislative branch to the extent that it

104-22 is related to the performance of that officer’s duties.

104-23 (c) That specific questions and answers may be disclosed if

104-24 the superintendent of public instruction determines that the

104-25 content of the questions and answers is not being used in a

104-26 current examination and making the content available to the

104-27 public poses no threat to the security of the current examination

104-28 process.

104-29 Sec. 43. NRS 389.017 is hereby amended to read as follows:

104-30 389.017 1. The state board shall prescribe regulations

104-31 requiring that each board of trustees of a school district and each

104-32 governing body of a charter school submit to the superintendent

104-33 of public instruction and the department, in the form and manner

104-34 prescribed by the superintendent, the results of achievement and

104-35 proficiency examinations given in the 4th, 8th, 10th and 11th

104-36 grades to public school pupils [in] of the district [.] and charter

104-37 schools. The state board shall not include in the regulations any

104-38 provision which would violate the confidentiality of the test

104-39 scores of any individual pupil.

104-40 2. The results of examinations administered to all pupils

104-41 must be reported for each school, including, without limitation,

104-42 each charter school, school district and this state as follows:

105-1 (a) The average score of pupils with disabilities for whom

105-2 different standards of achievement are adopted or other

105-3 modifications or accommodations are made if such reporting

105-4 does not violate the confidentiality of the test scores of any

105-5 individual pupil;

105-6 (b) The average score of pupils for whom different standards

105-7 of achievement were not adopted or other modifications or

105-8 accommodations were not made; and

105-9 (c) The average score of all pupils who were tested.

105-10 3. On or before November 1 of each year, each school

105-11 district and each charter school shall report to the department

105-12 the following information for each examination administered in

105-13 the public schools in the school district [:] or charter school:

105-14 (a) The examination administered;

105-15 (b) The grade level or levels of pupils to whom the

105-16 examination was administered;

105-17 (c) The costs incurred by the school district or charter school

105-18 in administering each examination; and

105-19 (d) The purpose, if any, for which the results of the

105-20 examination are used by the school district [.] or charter
105-21 school.

105-22 On or before December 1 of each year, the department shall

105-23 transmit to the budget division of the department of

105-24 administration and the fiscal analysis division of the legislative

105-25 counsel bureau the information submitted to the department

105-26 pursuant to this subsection.

105-27 4. The superintendent of schools of each school district and

105-28 the governing body of each charter school shall certify that the

105-29 number of pupils who took the examinations required pursuant to

105-30 NRS 389.015 is equal to the number of pupils who are enrolled

105-31 in each school in the school district or in the charter school who

105-32 are required to take the examinations except for those pupils who

105-33 are exempt from taking the examinations. A pupil may be exempt

105-34 from taking the examinations if:

105-35 (a) His proficiency in the English language is below the

105-36 average proficiency of pupils at the same grade level; or

105-37 (b) He is enrolled in a program of special education pursuant

105-38 to NRS 388.440 to 388.520, inclusive, and his program of special

105-39 education specifies that he is exempt from taking the

105-40 examinations.

105-41 5. In addition to the information required by subsection 3,

105-42 the superintendent of public instruction shall:

106-1 (a) Report the number of pupils who were not exempt from

106-2 taking the examinations but were absent from school on the day

106-3 that the examinations were administered; and

106-4 (b) Reconcile the number of pupils who were required to take

106-5 the examinations with the number of pupils who were exempt

106-6 from taking the examinations or absent from school on the day

106-7 that the examinations were administered.

106-8 Sec. 53. Section 3 of chapter 474, Statutes of Nevada 1997, at page

106-9 1790, is hereby amended to read as follows:

106-10 Sec. 3. NRS 41.500 is hereby amended to read as follows:

106-11 41.500 1. Except as otherwise provided in NRS 41.505, any

106-12 person in this state who renders emergency care or assistance in an

106-13 emergency, gratuitously and in good faith, is not liable for any civil

106-14 damages as a result of any act or omission, not amounting to gross

106-15 negligence, by him in rendering the emergency care or assistance or

106-16 as a result of any act or failure to act, not amounting to gross

106-17 negligence, to provide or arrange for further medical treatment for

106-18 the injured person.

106-19 2. Any person in this state who acts as a driver of an ambulance

106-20 or attendant on an ambulance operated by a volunteer service or as

106-21 a volunteer driver or attendant on an ambulance operated by a

106-22 political subdivision of this state, or owned by the Federal

106-23 Government and operated by a contractor of the Federal

106-24 Government, and who in good faith renders emergency care or

106-25 assistance to any injured or ill person, whether at the scene of an

106-26 emergency or while transporting an injured or ill person to or from

106-27 any clinic, doctor’s office or other medical facility, is not liable for

106-28 any civil damages as a result of any act or omission, not amounting

106-29 to gross negligence, by him in rendering the emergency care or

106-30 assistance, or as a result of any act or failure to act, not amounting

106-31 to gross negligence, to provide or arrange for further medical

106-32 treatment for the injured or ill person.

106-33 3. Any appointed member of a volunteer service operating an

106-34 ambulance or an appointed volunteer serving on an ambulance

106-35 operated by a political subdivision of this state, other than a driver

106-36 or attendant, of an ambulance, is not liable for any civil damages as

106-37 a result of any act or omission, not amounting to gross negligence,

106-38 by him whenever he is performing his duties in good faith.

106-39 4. Any person who is a member of a search and rescue

106-40 organization in this state under the direct supervision of any county

106-41 sheriff who in good faith renders care or assistance in an emergency

106-42 to any injured or ill person, whether at the scene of an emergency or

106-43 while transporting an injured or ill person to or from any clinic,

107-1 doctor’s office or other medical facility, is not liable for any civil

107-2 damages as a result of any act or omission, not amounting to gross

107-3 negligence, by him in rendering the emergency care or assistance,

107-4 or as a result of any act or failure to act, not amounting to gross

107-5 negligence, to provide or arrange for further medical treatment for

107-6 the injured or ill person.

107-7 5. Any person who is employed by or serves as a volunteer for

107-8 a public fire-fighting agency and who is authorized pursuant to

107-9 chapter 450B of NRS to render emergency medical care at the

107-10 scene of an emergency is not liable for any civil damages as a result

107-11 of any act or omission, not amounting to gross negligence, by that

107-12 person in rendering that care or as a result of any act or failure to

107-13 act, not amounting to gross negligence, to provide or arrange for

107-14 further medical treatment for the injured or ill person.

107-15 6. Any person who:

107-16 (a) Has successfully completed a course in cardiopulmonary

107-17 resuscitation according to the guidelines of the American National

107-18 Red Cross or American Heart Association;

107-19 (b) Has successfully completed the training requirements of a

107-20 course in basic emergency care of a person in cardiac arrest

107-21 conducted in accordance with the standards of the American Heart

107-22 Association; or

107-23 (c) Is directed by the instructions of a dispatcher for an

107-24 ambulance, air ambulance or other agency that provides
107-25 emergency medical services before its arrival at the scene of the

107-26 emergency,

107-27 and who in good faith renders cardiopulmonary resuscitation in

107-28 accordance with his training or the direction, other than in the

107-29 course of his regular employment or profession, is not liable for any

107-30 civil damages as a result of any act or omission, not amounting to

107-31 gross negligence, by that person in rendering that care.

107-32 7. For the purposes of subsection 6, a person who:

107-33 (a) Is required to be certified in the administration of

107-34 cardiopulmonary resuscitation pursuant to section 1 of [this act;]

107-35 Senate Bill No. 316 of this session; and

107-36 (b) In good faith renders cardiopulmonary resuscitation on the

107-37 property of a public school or in connection with a transportation of

107-38 pupils to or from a public school or while on activities that are part

107-39 of the program of a public school,

107-40 shall be presumed to have acted other than in the course of his

107-41 regular employment or profession.

108-1 8. Any person who has successfully completed the training

108-2 requirements of a course in basic emergency care of a person in

108-3 cardiac arrest that:

108-4 (a) Included training in the operation and use of an automatic

108-5 external defibrillator; and

108-6 (b) Was conducted in accordance with the standards of the

108-7 American Heart Association,

108-8 and who renders emergency medical care involving the use of an

108-9 automatic external defibrillator in accordance with his training is

108-10 not liable for any civil damages as a result of any act or omission,

108-11 not amounting to gross negligence, by that person in rendering

108-12 that care. A business or organization that employs a person who

108-13 renders emergency care in accordance with this subsection is not

108-14 liable for any civil damages as a result of any act or omission, not

108-15 amounting to gross negligence, by the person rendering such care

108-16 or for providing the automatic external defibrillator to the person

108-17 for the purpose of rendering such care.

108-18 Sec. 54. Sections 3, 5, 6, 8 and 34 of chapter 476, Statutes of Nevada

108-19 1997, at pages 1802, 1804, 1806 and 1821, are hereby amended to read

108-20 respectively as follows:

108-21 Sec. 3. NRS 171.137 is hereby amended to read as follows:

108-22 171.137 1. Except as otherwise provided in subsection 2,

108-23 whether or not a warrant has been issued, a peace officer shall,

108-24 unless mitigating circumstances exist, arrest a person when he has

108-25 probable cause to believe that the person to be arrested has, within

108-26 the preceding 24 hours, committed a battery upon his spouse,

108-27 former spouse, [a] any other person to whom he is related by blood

108-28 [,] or marriage, a person with whom he is or was actually residing

108-29 [or] , a person with whom he has had or is having a dating

108-30 relationship, a person with whom he has a child in common, [his]

108-31 the minor child of any of those persons or [a] his minor child . [of

108-32 that person.]

108-33 2. If the peace officer has probable cause to believe that a

108-34 battery described in subsection 1 was a mutual battery, he shall

108-35 attempt to determine which person was the primary physical

108-36 aggressor. If the peace officer determines that one of the persons

108-37 who allegedly [committing] committed a battery was the primary

108-38 physical aggressor involved in the incident, the peace officer is not

108-39 required to arrest any other person believed to have committed a

108-40 battery during the incident. In determining whether a person is a

108-41 primary physical aggressor for the purposes of this subsection, the

108-42 peace officer shall consider:

108-43 (a) Prior domestic violence involving either person;

109-1 (b) The relative severity of the injuries inflicted upon the persons

109-2 involved;

109-3 (c) The potential for future injury;

109-4 (d) Whether one of the alleged batteries was committed in self-

109-5 defense; and

109-6 (e) Any other factor [which helps] that may help the peace

109-7 officer decide which person [is] was the primary physical aggressor.

109-8 3. A peace officer shall not base his decision regarding

109-9 whether to arrest a person pursuant to this section on his perception

109-10 of the willingness of a victim or a witness to the incident to testify

109-11 or otherwise participate in related judicial proceedings.

109-12 4. As used in this section, "dating relationship" means

109-13 frequent, intimate associations primarily characterized by the

109-14 expectation of affectional or sexual involvement. The term does

109-15 not include a casual relationship or an ordinary association

109-16 between persons in a business or social context.

109-17 Sec. 5. NRS 3.223 is hereby amended to read as follows:

109-18 3.223 1. Except if the child involved is subject to the

109-19 jurisdiction of an Indian tribe pursuant to the Indian Child Welfare

109-20 Act of 1978 (25 U.S.C. §§ 1901 et seq.), in each judicial district in

109-21 which it is established, the family court has original, exclusive

109-22 jurisdiction in any proceeding:

109-23 (a) Brought pursuant to chapter 31A, 62, 123, 125, 125A, 125B,

109-24 126, 127, 128, 129, 130, 159, 425 or 432B of NRS, except to the

109-25 extent that a specific statute authorizes the use of any other judicial

109-26 or administrative procedure to facilitate the collection of an

109-27 obligation for support.

109-28 (b) Brought pursuant to NRS 442.255 and 442.2555 to request

109-29 the court to issue an order authorizing an abortion.

109-30 (c) For judicial approval of the marriage of a minor.

109-31 (d) Otherwise within the jurisdiction of the juvenile court.

109-32 (e) To establish the date of birth, place of birth or parentage of a

109-33 minor.

109-34 (f) To change the name of a minor.

109-35 (g) For a judicial declaration of the sanity of a minor.

109-36 (h) To approve the withholding or withdrawal of life-sustaining

109-37 procedures from a person as authorized by law.

109-38 (i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive,

109-39 for an involuntary court-ordered admission to a mental health

109-40 facility.

109-41 2. The family court, where established, and the justices’ court

109-42 have concurrent jurisdiction over actions for the issuance of a

110-1 temporary or extended order for protection against domestic

110-2 violence.

110-3 3. The family court, where established, and the district court,

110-4 have concurrent jurisdiction over any action for damages brought

110-5 pursuant to section 16 of this act by a person who suffered injury

110-6 as the proximate result of an act that constitutes domestic

110-7 violence.

110-8 Sec. 6. NRS 4.373 is hereby amended to read as follows:

110-9 4.373 1. Except as otherwise provided in subsection 2, by

110-10 specific statute or unless the suspension of a sentence is expressly

110-11 forbidden, a justice of the peace may suspend, for not more than 1

110-12 year, the sentence of a person convicted of a misdemeanor. When

110-13 the circumstances warrant, the justice of the peace may order as a

110-14 condition of suspension that the offender:

110-15 (a) Make restitution to the owner of any property that is lost,

110-16 damaged or destroyed as a result of the commission of the offense;

110-17 (b) Engage in a program of work for the benefit of the

110-18 community, for not more than 200 hours;

110-19 (c) Actively participate in a program of professional counseling

110-20 at the expense of the offender;

110-21 (d) Abstain from the use of alcohol and controlled substances;

110-22 (e) Refrain from engaging in any criminal activity;

110-23 (f) Engage or refrain from engaging in any other conduct

110-24 deemed appropriate by the justice of the peace;

110-25 (g) Submit to a search and seizure by the chief of a department

110-26 of alternative sentencing, an assistant alternative sentencing officer

110-27 or any other law enforcement officer at any time of the day or night

110-28 without a search warrant; and

110-29 (h) Submit to periodic tests to determine whether the offender is

110-30 using a controlled substance or consuming alcohol.

110-31 2. If a person is convicted of a misdemeanor that constitutes

110-32 domestic violence pursuant to NRS 33.018, the justice of the

110-33 peace may, after the person has served any mandatory minimum

110-34 period of confinement, suspend the remainder of the sentence of

110-35 the person for not more than 3 years upon the condition that the

110-36 person actively participate in:

110-37 (a) A program of treatment for the abuse of alcohol or drugs

110-38 which is certified by the bureau of alcohol and drug abuse of the

110-39 rehabilitation division of the department of employment, training

110-40 and rehabilitation;

110-41 (b) A program for the treatment of persons who commit

110-42 domestic violence that has been certified pursuant to section 30 of

110-43 this act; or

111-1 (c) Both programs set forth in paragraphs (a) and (b),

111-2 and that he comply with any other condition of suspension

111-3 ordered by the justice of the peace.

111-4 3. The justice of the peace may order reports [, from such

111-5 persons and] from a person whose sentence is suspended at such

111-6 times as he deems appropriate [,] concerning the compliance of the

111-7 offender with the conditions of suspension. If the offender complies

111-8 with the conditions of suspension to the satisfaction of the justice of

111-9 the peace, the sentence may be reduced to not less than the

111-10 minimum period of confinement established for the offense.

111-11 [3.] 4. The justice of the peace may issue a warrant for the

111-12 arrest of an offender who violates or fails to fulfill a condition of

111-13 suspension.

111-14 Sec. 8. NRS 5.055 is hereby amended to read as follows:

111-15 5.055 1. Except as otherwise provided in subsection 2, by

111-16 specific statute or unless the suspension of a sentence is expressly

111-17 forbidden, a municipal judge may suspend, for not more than 1

111-18 year, the sentence of a person convicted of a misdemeanor. When

111-19 the circumstances warrant, the municipal judge may order as a

111-20 condition of suspension that the offender:

111-21 (a) Make restitution to the owner of any property that is lost,

111-22 damaged or destroyed as a result of the commission of the offense;

111-23 (b) Engage in a program of work for the benefit of the

111-24 community, for not more than 200 hours;

111-25 (c) Actively participate in a program of professional counseling

111-26 at the expense of the offender;

111-27 (d) Abstain from the use of alcohol and controlled substances;

111-28 (e) Refrain from engaging in any criminal activity;

111-29 (f) Engage or refrain from engaging in any other conduct

111-30 deemed appropriate by the municipal judge;

111-31 (g) Submit to a search and seizure by the chief of a department

111-32 of alternative sentencing, an assistant alternative sentencing officer

111-33 or any other law enforcement officer at any time of the day or night

111-34 without a search warrant; and

111-35 (h) Submit to periodic tests to determine whether the offender is

111-36 using any controlled substance or alcohol.

111-37 2. If a person is convicted of a misdemeanor that constitutes

111-38 domestic violence pursuant to NRS 33.018, the municipal judge

111-39 may, after the person has served any mandatory minimum period

111-40 of confinement, suspend the remainder of the sentence of the

111-41 person for not more than 3 years upon the condition that the

111-42 person actively participate in:

112-1 (a) A program of treatment for the abuse of alcohol or drugs

112-2 which is certified by the bureau of alcohol and drug abuse of the

112-3 rehabilitation division of the department of employment, training

112-4 and rehabilitation;

112-5 (b) A program for the treatment of persons who commit

112-6 domestic violence that has been certified pursuant to section 30 of

112-7 this act; or

112-8 (c) Both programs set forth in paragraphs (a) and (b),

112-9 and that he comply with any other condition of suspension

112-10 ordered by the municipal judge.

112-11 3. The municipal judge may order reports [, from such persons

112-12 and] from a person whose sentence is suspended at such times as

112-13 he deems appropriate [,] concerning the compliance of the offender

112-14 with the conditions of suspension. If the offender complies with the

112-15 conditions of suspension to the satisfaction of the municipal judge,

112-16 the sentence may be reduced to not less than the minimum period of

112-17 confinement established for the offense.

112-18 [3.] 4. The municipal judge may issue a warrant for the arrest

112-19 of an offender who violates or fails to fulfill a condition of

112-20 suspension.

112-21 Sec. 34. 1. This section and section 30 of this act become

112-22 effective on July 1, 1997.

112-23 2. Sections 1 [to 6, inclusive,] , 2, 4, 4.5, 9 to 17, inclusive, 20

112-24 to 23, inclusive, 25 to 29, inclusive, 31, 32 and 33 of this act

112-25 become effective on October 1, 1997.

112-26 3. Sections 3, 5, 7 [, 8] and 24 of this act become effective at

112-27 12:01 a.m. on October 1, 1997.

112-28 4. Sections 6 and 8 of this act become effective at 12:02 a.m.

112-29 on October 1, 1997.

112-30 5. Sections 18 and 19 of this act become effective on January 1,

112-31 1998.

112-32 Sec. 55. Sections 38, 55 and 56 of chapter 480, Statutes of Nevada

112-33 1997, at pages 1865 and 1875, are hereby amended to read respectively as

112-34 follows:

112-35 Sec. 38. NRS 388.367 is hereby amended to read as follows:

112-36 388.367 1. There is hereby created in the state treasury the

112-37 fund for the school to careers program to be administered by the

112-38 state board. The superintendent may accept gifts and grants of

112-39 money from any source for deposit in the fund. All legislative

112-40 appropriations, gifts and grants made to the fund become a part of

112-41 the principal of the fund which may be reduced only by specific

112-42 legislative action. The interest and income earned on the money in

113-1 the fund, after deducting any applicable charges, must be credited to

113-2 the fund.

113-3 2. Money in the fund must be used for the program to provide

113-4 pupils with the skills to make the transition from school to careers

113-5 adopted pursuant to NRS 388.368.

113-6 3. Money in the fund must not be:

113-7 (a) Considered in negotiations between a recognized

113-8 organization of employees of a school district and the school

113-9 district; or

113-10 (b) Used to reduce the amount of money which would otherwise

113-11 be made available for occupational education in the absence of this

113-12 section.

113-13 4. The state board shall establish annually, within the limits of

113-14 money available in the fund, a basic allocation of [$25,000] :

113-15 (a) Twenty-five thousand dollars to each school district and

113-16 each university and community college within the University and

113-17 Community College System of Nevada whose application to

113-18 participate in the program adopted pursuant to NRS 388.368 is

113-19 approved pursuant to subsection 5 of that section. [The remaining]

113-20 (b) Not more than $25,000 to each charter school whose

113-21 application to participate in the program adopted pursuant to

113-22 NRS 388.368 is approved pursuant to subsection 5 of that section.

113-23 5. Any money remaining after the allocations made pursuant

113-24 to subsection 4 must be allocated to:

113-25 (a) School districts with approved applications in proportion to

113-26 the total number of pupils enrolled in grades 7 [through] to 12,

113-27 inclusive, within the district on the last day of the first month of the

113-28 school year preceding the school year for which the money is being

113-29 provided; [and]

113-30 (b) Charter schools with approved applications in proportion

113-31 to the total number of pupils enrolled in grades 7 to 12, inclusive,

113-32 within the charter school on the last day of the first month of the

113-33 school year preceding the school year for which the money is

113-34 being provided; and

113-35 (c) Community colleges with approved applications in

113-36 proportion to the total number of full-time students enrolled on

113-37 October 15 of the school year preceding the school year for which

113-38 the money is being provided.

113-39 Sec. 55. NRS 392.170 is hereby amended to read as follows:

113-40 392.170 Upon the written complaint of any person, the board of

113-41 trustees of a school district or the governing body of a charter

113-42 school shall:

114-1 1. Make a full and impartial investigation of all charges against

114-2 parents, guardians or other persons having control or charge of any

114-3 child who is 17 years of age or younger for violation of any of the

114-4 provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to

114-5 392.160, inclusive, and sections 3 to 7, inclusive, of [this act.]

114-6 Assembly Bill No. 486 of this session.

114-7 2. Make and file a written report of the investigation and the

114-8 findings thereof in the records of the board.

114-9 Sec. 56. NRS 392.180 is hereby amended to read as follows:

114-10 392.180 If it appears upon investigation that any parent,

114-11 guardian or other person having control or charge of any child who

114-12 is 17 years of age or younger has violated any of the provisions of

114-13 NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160,

114-14 inclusive, and sections 3 to 7, inclusive, of [this act.] Assembly Bill

114-15 No. 486 of this session, the clerk of the board of trustees [,] or the

114-16 governing body of a charter school in which the child is enrolled,

114-17 except as otherwise provided in NRS 392.190, shall make and file

114-18 in the proper court a criminal complaint against the parent, guardian

114-19 or other person, charging the violation, and shall see that the charge

114-20 is prosecuted by the proper authority.

114-21 Sec. 56. 1. Sections 4, 15, 22, 23, 24, 39, 113, 120, 121, 129, 133,

114-22 135, 137, 150, 155 to 160, inclusive, 163, 164, 173, 174, 178, 179, 184,

114-23 189, 190, 194, 195, 196, 228, 239, 265, 276, 277, 282, 297, 332, 333.5,

114-24 334.5, 345 and 346 of chapter 482, Statutes of Nevada 1997, at pages

114-25 1881, 1883, 1886, 1887, 1888, 1891, 1925, 1927, 1930, 1931, 1932, 1936

114-26 to 1939, inclusive, 1941, 1944 to 1947, inclusive, 1949, 1950, 1953, 1965,

114-27 1967, 1980, 1988, 1992, 2001, 2020, 2021, 2023 and 2024, are hereby

114-28 amended to read respectively as follows:

114-29 Sec. 4. NRS 703.010 is hereby amended to read as follows:

114-30 703.010 As used in this chapter [:] , unless the context

114-31 otherwise requires:

114-32 1. "Alternative seller" has the meaning ascribed to it in

114-33 section 30 of this act.

114-34 2. "Commission" means the public service commission of

114-35 Nevada.

114-36 [2.] 3. "Fully regulated carrier" has the meaning ascribed to it

114-37 in NRS 706.072.

114-38 [3.] 4. "Tow car" has the meaning ascribed to it in NRS

114-39 706.131.

114-40 [4.] 5. "Towing services" has the meaning ascribed to it in

114-41 section 9 of [this act.] Senate Bill No. 451 of this session.

115-1 Sec. 15. NRS 703.191 is hereby amended to read as follows:

115-2 703.191 1. Each public utility [, fully regulated carrier,

115-3 operator of a tow car and broker of services] regulated by the

115-4 commission shall:

115-5 (a) Keep uniform and detailed accounts of all business transacted

115-6 in this state in the manner required by the commission by

115-7 regulation, and render them to the commission upon its request.

115-8 (b) Furnish an annual report to the commission in the form and

115-9 detail which it prescribes by regulation.

115-10 [The regulations of the commission may not require an operator of a

115-11 tow car to keep accounts and report information concerning towing

115-12 services other than information that is necessary to permit the

115-13 commission to enforce the provisions of NRS 706.010 to 706.791,

115-14 inclusive.

115-15 2. Except as otherwise provided in subsection 3, the]

115-16 2. The reports required by this section must be prepared for

115-17 each calendar year and submitted not later than May 15 of the year

115-18 following the year for which the report is submitted.

115-19 3. [A motor carrier may, with the permission of the

115-20 commission, prepare the reports required by this section for a year

115-21 other than a calendar year which the commission specifies, and

115-22 submit them not later than a date specified by the commission in

115-23 each year.

115-24 4.] If the commission finds that necessary information is not

115-25 contained in a report submitted pursuant to this section, it may call

115-26 for the omitted information at any time.

115-27 Sec. 22. NRS 703.310 is hereby amended to read as follows:

115-28 703.310 1. When a complaint is made against any public

115-29 utility, fully regulated carrier, broker of regulated services , [or]

115-30 operator of a tow car or alternative seller by any person, that:

115-31 (a) Any of the rates, tolls, charges or schedules [,] for regulated

115-32 services, or any joint rate or rates assessed by any public utility,

115-33 fully regulated carrier or broker of regulated services are in any

115-34 respect unreasonable or unjustly discriminatory;

115-35 (b) Any of the rates, tolls, charges or schedules, or any joint rate

115-36 or rates assessed by any operator of a tow car for towing services

115-37 performed without the prior consent of the owner of the vehicle or

115-38 the person authorized by the owner to operate the vehicle is

115-39 unreasonable or unjustly discriminatory;

115-40 (c) Any of the provisions of NRS 706.446 to 706.453, inclusive,

115-41 and sections 10, 11 and 11.5 of [this act] Senate Bill No. 451 of

115-42 this session have been violated;

116-1 (d) Any regulation, measurement, practice or act directly relating

116-2 to the transportation of persons or property, including the handling

116-3 and storage of that property, or the service of any broker in

116-4 connection therewith, or any regulation, measurement, practice or

116-5 act affecting or relating to the production, transmission or delivery

116-6 or furnishing of heat, light, gas, coal slurry, water or power, or any

116-7 service in connection therewith or the transmission thereof is, in any

116-8 respect, unreasonable, insufficient or unjustly discriminatory; or

116-9 (e) Any service is inadequate,

116-10 the division of consumer relations of the commission shall

116-11 investigate the complaint. After receiving the complaint, the

116-12 division shall give a copy of it to the public utility, carrier, broker ,

116-13 [or] operator of a tow car or alternative seller against whom the

116-14 complaint is made. Within a reasonable time thereafter, the public

116-15 utility, carrier, broker , [or] operator of a tow car or alternative

116-16 seller shall provide the [division] commission with its written

116-17 response to the complaint according to the regulations of the

116-18 commission.

116-19 2. If the division of consumer relations is unable to resolve the

116-20 complaint, the division shall transmit the complaint, the results of

116-21 its investigation and its recommendation to the commission. If the

116-22 commission determines that probable cause exists for the complaint,

116-23 it shall order a hearing thereof, give notice of the hearing and

116-24 conduct the hearing as it would any other hearing.

116-25 3. No order affecting a rate, toll, charge, schedule, regulation,

116-26 measurement, practice or act complained of may be entered without

116-27 a formal hearing unless the hearing is dispensed with as provided in

116-28 NRS 703.320.

116-29 Sec. 23. NRS 703.374 is hereby amended to read as follows:

116-30 703.374 1. A court of competent jurisdiction, after hearing,

116-31 may issue an injunction suspending or staying any final order of the

116-32 commission if:

116-33 (a) The applicant has filed a motion for a preliminary injunction;

116-34 (b) The applicant has served the motion on the commission and

116-35 other interested parties within 20 days after the rendition of the

116-36 order on which the complaint is based;

116-37 (c) The court finds there is a reasonable likelihood that the

116-38 applicant will prevail on the merits of the matter and will suffer

116-39 irreparable injury if injunctive relief is not granted; and

116-40 (d) The applicant files a bond or other undertaking to secure the

116-41 adverse parties in such manner as the court finds sufficient.

116-42 2. The decision of the commission on each matter considered

116-43 shall be deemed reasonable and just until set aside by the court, and

117-1 in all actions for injunction or otherwise [,] the burden of proof is

117-2 upon the party attacking or resisting the order of the commission to

117-3 show by clear and satisfactory evidence that the order is unlawful,

117-4 or unreasonable, as the case may be.

117-5 3. If an injunction is granted by the court and the order

117-6 complained of is one which permanently suspends a schedule of

117-7 rates and charges or a part thereof filed by any public utility

117-8 pursuant to NRS 704.070 to 704.110, inclusive, [or by any fully

117-9 regulated carrier or operator of a tow car pursuant to NRS 706.321

117-10 to 706.346, inclusive,] or which otherwise prevents the schedule or

117-11 any part thereof from taking effect, the public utility [, carrier or

117-12 operator of a tow car] complaining may keep in effect or put into

117-13 effect, as the case may be, the suspended schedule or any part

117-14 thereof pending final determination by the court having jurisdiction,

117-15 by filing a bond with the court in such an amount as the court may

117-16 fix, conditioned upon the refund to persons entitled to the excess

117-17 amount if the rate or rates so suspended are finally determined by

117-18 the court to be excessive.

117-19 Sec. 24. NRS 703.375 is hereby amended to read as follows:

117-20 703.375 1. If a court determines that the rate or rates

117-21 considered by the commission are excessive, and that the public

117-22 utility [, fully regulated carrier or operator of a tow car] has

117-23 collected those excessive rates, the public utility [, carrier or

117-24 operator of a tow car] shall compute and refund the excess or

117-25 overpayment of the rate or rates pursuant to a plan approved by the

117-26 commission [:

117-27 (a) For public utilities,] within 60 days after the entry of the final

117-28 judgment of the court.

117-29 [(b) For carriers or operators of tow cars, within 120 days after

117-30 the entry of the final judgment of the court.]

117-31 2. The public utility [, carrier or operator of a tow car] shall

117-32 prepare and file with the commission a statement and report in

117-33 affidavit form stating that all money has been refunded according to

117-34 the approved plan, and if there are persons to whom payment has

117-35 not or cannot be made, the names, addresses and individual

117-36 amounts of the refund must be listed in the report. The statement

117-37 and report must be filed with the commission [:

117-38 (a) By the public utility] within 90 days after the entry of final

117-39 judgment.

117-40 [(b) By the carrier or operator of a tow car within 150 days after

117-41 the entry of final judgment.] The public utility [, carrier or operator

117-42 of a tow car] shall pay the aggregate amount of the unpaid refunds

117-43 to the commission.

118-1 3. The commission shall:

118-2 (a) Retain the aggregate refunds in the public [service] utilities

118-3 commission regulatory fund subject to the claim of each person

118-4 entitled thereto for his share in the refund; and

118-5 (b) Pay all valid claims which are presented for payment within

118-6 2 years after the date of the entry of final judgment of the court.

118-7 All claimants must identify themselves to the satisfaction of the

118-8 commission before payment may be made.

118-9 4. Any person has a right of action against the commission in

118-10 the event of a refusal of the commission to pay his claim if the

118-11 person’s name appears in the report filed by the public utility . [,

118-12 carrier or operator of a tow car.] This action against the commission

118-13 must be brought within 6 months after the refusal to pay the claim.

118-14 5. The commission shall investigate every case in which a

118-15 claim is presented to it by a person claiming a refund [pursuant to]

118-16 under a plan submitted by a public utility [, carrier or operator of a

118-17 tow car] which was approved by the commission. If the

118-18 investigation results in a refusal by the public utility [, carrier or

118-19 operator of a tow car] to pay a valid claim, the claimant has a right

118-20 of action against the public utility . [, carrier or operator of a tow

118-21 car.]

118-22 6. Any unclaimed money which remains in the custody of the

118-23 commission at the expiration of the 2-year period escheats to this

118-24 state.

118-25 Sec. 39. 1. The date upon which customers may begin

118-26 obtaining generation, aggregation and any other potentially

118-27 competitive services from an alternative seller must be no later

118-28 than December 31, 1999, unless the commission determines that a

118-29 different date is necessary to protect the public interest. If the

118-30 commission determines that a different date is necessary, the

118-31 commission shall provide a report to the director of the legislative

118-32 counsel bureau for transmittal to the legislature by February 1,

118-33 1999, which:

118-34 (a) Explains the reason that the commission has not granted

118-35 such an authorization; and

118-36 (b) States whether the commission will grant such an

118-37 authorization by December 31, 1999.

118-38 2. The commission may:

118-39 (a) Establish different dates for the provision of different

118-40 services by alternative sellers in different geographic areas; and

118-41 (b) Authorize, in gradual phases, the right to buy from

118-42 alternative sellers.

119-1 3. The commission shall determine that an electric service is

119-2 a potentially competitive service if provision of the service by

119-3 alternative sellers:

119-4 (a) Will not harm any class of customers;

119-5 (b) Will decrease the cost of providing the service to customers

119-6 in this state or increase the quality or innovation of the service to

119-7 customers in this state;

119-8 (c) Is a service for which effective competition in the market is

119-9 likely to develop;

119-10 (d) Will advance the competitive position of this state relative

119-11 to surrounding states; and

119-12 (e) Will not otherwise jeopardize the safety and reliability of

119-13 the electric service in this state.

119-14 4. If the commission determines that a market for a

119-15 potentially competitive service does not have effective competition,

119-16 the commission shall, by regulation, establish the method for

119-17 determining prices for the service and the terms and conditions

119-18 for providing the service. The regulations must ensure that the

119-19 pricing method, terms and conditions are just and reasonable and

119-20 not unduly discriminatory. The regulations may include pricing

119-21 alternatives which authorize the seller to reduce prices below

119-22 maximum pricing levels specified by the commission or any other

119-23 form of alternative pricing which the commission determines to

119-24 be consistent with the provisions of this subsection. In

119-25 determining whether a market for an electric service has effective

119-26 competition, the commission shall:

119-27 (a) Identify the relevant market;

119-28 (b) Identify, where feasible, the alternative sellers that

119-29 participate and are reasonably expected to participate in the

119-30 relevant market; and

119-31 (c) Calculate, where feasible, the market share of each

119-32 participant in the market and evaluate the significance of each

119-33 share.

119-34 5. On or before October 1, 2000, the commission shall submit

119-35 to the director of the legislative counsel bureau for transmittal to

119-36 the appropriate legislative committee a report which:

119-37 (a) Evaluates the effectiveness of competition in the market for

119-38 each service which customers have the right to purchase from

119-39 alternative sellers; and

119-40 (b) Recommends actions which the legislature should take to

119-41 increase the effectiveness of competition in the markets for all

119-42 potentially competitive services.

120-1 6. On or before October 1, 2001, an electric service that has

120-2 been found to be potentially competitive shall be deemed to be

120-3 competitive.

120-4 7. The commission may reconsider any determination made

120-5 pursuant to this section upon its own motion or upon a showing

120-6 of good cause by a party requesting a reconsideration. Upon a

120-7 finding by the commission that the market for a service previously

120-8 found not to have effective competition has become effectively

120-9 competitive, the commission shall repeal the regulations which

120-10 established the pricing methods and the terms and conditions for

120-11 providing that service. The commission shall conduct any

120-12 proceedings for the reconsideration of any such determination as

120-13 expeditiously as practicable considering the current work load of

120-14 the commission and the need to protect the public interest.

120-15 8. A vertically integrated electric utility shall not provide a

120-16 potentially competitive service except through an affiliate:

120-17 (a) On or after December 31, 1999; or

120-18 (b) The date on which the commission determines that the

120-19 service is potentially competitive,

120-20 whichever is later.

120-21 Sec. 113. 1. Each fully regulated carrier, operator of a tow

120-22 car and common or contract carrier regulated by the authority

120-23 shall:

120-24 (a) Keep uniform and detailed accounts of all business

120-25 transacted in the manner required by the authority by regulation

120-26 and render them to the authority upon its request.

120-27 (b) Furnish an annual report to the authority in the form and

120-28 detail that it prescribes by regulation.

120-29 The regulations of the authority may not require an operator of a

120-30 tow car to keep accounts and report information concerning

120-31 towing services other than information that is necessary to permit

120-32 the authority to enforce the provisions of NRS 706.010 to

120-33 706.791, inclusive.

120-34 2. Except as otherwise provided in subsection 3, the reports

120-35 required by this section must be prepared for each calendar year

120-36 and submitted not later than May 15 of the year following the

120-37 year for which the report is submitted.

120-38 3. A carrier may, with the permission of the authority,

120-39 prepare the reports required by this section for a year other than a

120-40 calendar year that the authority specifies and submit them not

120-41 later than a date specified by the authority in each year.

121-1 4. If the authority finds that necessary information is not

121-2 contained in a report submitted pursuant to this section, it may

121-3 call for the omitted information at any time.

121-4 Sec. 120. 1. When a complaint is made against any fully

121-5 regulated carrier or operator of a tow car by any person, that:

121-6 (a) Any of the rates, tolls, charges or schedules, or any joint

121-7 rate or rates assessed by any fully regulated carrier or by any

121-8 operator of a tow car for towing services performed without the

121-9 prior consent of the owner of the vehicle or the person authorized

121-10 by the owner to operate the vehicle are in any respect

121-11 unreasonable or unjustly discriminatory;

121-12 (b) Any of the provisions of NRS 706.446 to 706.453, inclusive,

121-13 and sections 10, 11 and 11.5 of Senate Bill No. 451 of this session

121-14 have been violated;

121-15 (c) Any regulation, measurement, practice or act directly

121-16 relating to the transportation of persons or property, including the

121-17 handling and storage of that property, is, in any respect,

121-18 unreasonable, insufficient or unjustly discriminatory; or

121-19 (d) Any service is inadequate,

121-20 the authority shall investigate the complaint. After receiving the

121-21 complaint, the authority shall give a copy of it to the carrier or

121-22 operator of a tow car against whom the complaint is made.

121-23 Within a reasonable time thereafter, the carrier or operator of a

121-24 tow car shall provide the authority with its written response to the

121-25 complaint according to the regulations of the authority.

121-26 2. If the authority determines that probable cause exists for

121-27 the complaint, it shall order a hearing thereof, give notice of the

121-28 hearing and conduct the hearing as it would any other hearing.

121-29 3. No order affecting a rate, toll, charge, schedule,

121-30 regulation, measurement, practice or act complained of may be

121-31 entered without a formal hearing unless the hearing is dispensed

121-32 with as provided in section 121 of this act.

121-33 Sec. 121. 1. When, in any matter pending before the

121-34 authority, a hearing is required by law, or is normally required by

121-35 the authority, the authority shall give notice of the pendency of

121-36 the matter to all persons entitled to notice of the hearing. The

121-37 authority shall by regulation specify:

121-38 (a) The manner of giving notice; and

121-39 (b) Where not specified by law, the persons entitled to notice in

121-40 each type of proceeding.

121-41 2. Unless, within 10 days after the date of the notice of

121-42 pendency, a person entitled to notice of the hearing files with the

122-1 authority a request that the hearing be held, the authority may

122-2 dispense with a hearing and act upon the matter pending.

122-3 3. If a request for a hearing is filed, the authority shall give at

122-4 least 10 days’ notice of the hearing.

122-5 4. If an operator of a tow car files an application for a

122-6 certificate of public convenience and necessity or an application

122-7 to transfer a certificate of public convenience and necessity with

122-8 the authority, the authority shall give notice pursuant to the

122-9 provisions of subsection 1.

122-10 Sec. 129. NRS 706.011 is hereby amended to read as follows:

122-11 706.011 As used in NRS [706.011] 706.013 to 706.791,

122-12 inclusive, and sections 8 to 11.5, inclusive, of [this act,] Senate Bill

122-13 No. 451 of this session, unless the context otherwise requires, the

122-14 words and terms defined in NRS 706.013 to 706.146, inclusive,

122-15 [and] sections 8 and 9 of [this act] Senate Bill No. 451 of this

122-16 session and section 104 of this act, have the meanings ascribed to

122-17 them in those sections.

122-18 Sec. 133. NRS 706.151 is hereby amended to read as follows:

122-19 706.151 1. It is hereby declared to be the purpose and policy

122-20 of the legislature in enacting this chapter:

122-21 (a) Except to the extent otherwise provided in NRS 706.881 to

122-22 706.885, inclusive, to confer upon the [commission] authority the

122-23 power and to make it the duty of the [commission] authority to

122-24 regulate fully regulated carriers, operators of tow cars and brokers

122-25 of regulated services to the extent provided in this chapter and to

122-26 confer upon the department the power to license all motor carriers

122-27 and to make it the duty of the department to enforce the provisions

122-28 of this chapter and the regulations adopted by the [commission]

122-29 authority pursuant to it, to relieve the undue burdens on the

122-30 highways arising by reason of the use of the highways by vehicles in

122-31 a gainful occupation thereon.

122-32 (b) To provide for reasonable compensation for the use of the

122-33 highways in gainful occupations, and enable the State of Nevada, by

122-34 using license fees, to provide for the proper construction,

122-35 maintenance and repair thereof, and thereby protect the safety and

122-36 welfare of the traveling and shipping public in their use of the

122-37 highways.

122-38 (c) To provide for fair and impartial regulation, to promote safe,

122-39 adequate, economical and efficient service and to foster sound

122-40 economic conditions in motor transportation.

122-41 (d) To encourage the establishment and maintenance of

122-42 reasonable charges for:

122-43 (1) Intrastate transportation by fully regulated carriers; and

123-1 (2) Towing services performed without the prior consent of

123-2 the owner of the vehicle or the person authorized by the owner to

123-3 operate the vehicle,

123-4 without unjust discriminations against or undue preferences or

123-5 advantages being given to any motor carrier or applicant for a

123-6 certificate of public convenience and necessity.

123-7 (e) To discourage any practices which would tend to increase or

123-8 create competition that may be detrimental to the traveling and

123-9 shipping public or the motor carrier business within this state.

123-10 2. All of the provisions of this chapter must be administered

123-11 and enforced with a view to carrying out the declaration of policy

123-12 contained in this section.

123-13 Sec. 135. NRS 706.156 is hereby amended to read as follows:

123-14 706.156 1. All common and contract motor carriers and

123-15 brokers are hereby declared to be, to the extent provided in this

123-16 chapter:

123-17 (a) Affected with a public interest; and

123-18 (b) Subject to NRS 706.011 to 706.791, inclusive [.] , and

123-19 sections 104 to 128, inclusive, of this act.

123-20 2. A purchaser or broker of transportation services which are

123-21 provided by a common motor carrier who holds a certificate of

123-22 public convenience and necessity may resell those services, in

123-23 combination with other services and facilities that are not related to

123-24 transportation, but only in a manner complying with the scope of

123-25 authority set forth in the certificate of the common motor carrier.

123-26 The [commission] authority shall not prohibit or restrict such a

123-27 purchaser or broker from reselling those transportation services to

123-28 any person based upon that person’s affiliation, or lack of

123-29 affiliation, with any group.

123-30 Sec. 137. NRS 706.166 is hereby amended to read as follows:

123-31 706.166 The [commission] authority shall:

123-32 1. Subject to the limitation provided in NRS 706.168 and to the

123-33 extent provided in this chapter, supervise and regulate:

123-34 (a) Every fully regulated carrier and broker of regulated services

123-35 in this state in all matters directly related to those activities of the

123-36 motor carrier and broker actually necessary for the transportation of

123-37 persons or property, including the handling and storage of that

123-38 property, over and along the highways.

123-39 (b) Every operator of a tow car concerning the rates and charges

123-40 assessed for towing services performed without the prior consent of

123-41 the operator of the vehicle or the person authorized by the owner to

123-42 operate the vehicle and pursuant to the provisions of NRS 706.010

123-43 to 706.791, inclusive.

124-1 2. [Cooperate with the department in its issuance of permits by

124-2 performing safety and operational investigations of all persons

124-3 applying for a permit from the department to transport radioactive

124-4 waste, and reporting its findings to the department.] Supervise and

124-5 regulate the storage of household goods and effects in

124-6 warehouses and the operation and maintenance of such

124-7 warehouses in accordance with the provisions of this chapter and

124-8 chapter 712 of NRS.

124-9 3. Enforce the standards of safety applicable to the employees,

124-10 equipment, facilities and operations of those common and contract

124-11 carriers subject to the authority [of the commission] or the

124-12 department by:

124-13 (a) Providing training in safety;

124-14 (b) Reviewing and observing the programs or inspections of the

124-15 carrier relating to safety; and

124-16 (c) Conducting inspections relating to safety at the operating

124-17 terminals of the carrier.

124-18 4. To carry out the policies expressed in NRS 706.151, adopt

124-19 regulations providing for agreements between two or more fully

124-20 regulated carriers or two or more operators of tow cars relating to:

124-21 (a) Fares of fully regulated carriers;

124-22 (b) All rates of fully regulated carriers and rates of operators of

124-23 tow cars for towing services performed without the prior consent of

124-24 the owner of the vehicle or the person authorized by the owner to

124-25 operate the vehicle;

124-26 (c) Classifications;

124-27 (d) Divisions;

124-28 (e) Allowances; and

124-29 (f) All charges of fully regulated carriers and charges of

124-30 operators of tow cars for towing services performed without the

124-31 prior consent of the owner of the vehicle or the person authorized

124-32 by the owner to operate the vehicle, including charges between

124-33 carriers and compensation paid or received for the use of facilities

124-34 and equipment.

124-35 These regulations may not provide for collective agreements which

124-36 restrain any party from taking free and independent action.

124-37 5. Review decisions of the taxicab authority appealed to the

124-38 authority pursuant to NRS 706.8819.

124-39 Sec. 150. NRS 706.285 is hereby amended to read as follows:

124-40 706.285 All advertising by:

124-41 1. A fully regulated carrier of intrastate commerce; and

124-42 2. An operator of a tow car,

125-1 must include the number of the certificate of public convenience

125-2 and necessity or contract carrier’s permit issued to him by the

125-3 [commission.] authority.

125-4 Sec. 155. NRS 706.321 is hereby amended to read as follows:

125-5 706.321 1. Except as otherwise provided in subsection 2,

125-6 every common or contract motor carrier shall file with the

125-7 [commission:] authority:

125-8 (a) Within a time to be fixed by the [commission,] authority,

125-9 schedules and tariffs that must:

125-10 (1) Be open to public inspection; and

125-11 (2) Include all rates, fares and charges which the carrier has

125-12 established and which are in force at the time of filing for any

125-13 service performed in connection therewith by any carrier controlled

125-14 and operated by it.

125-15 (b) As a part of that schedule, all regulations of the carrier that in

125-16 any manner affect the rates or fares charged or to be charged for any

125-17 service and all regulations of the carrier that the carrier has adopted

125-18 to comply with the provisions of NRS 706.010 to 706.791,

125-19 inclusive.

125-20 2. Every operator of a tow car shall file with the [commission:]

125-21 authority:

125-22 (a) Within a time to be fixed by the [commission,] authority,

125-23 schedules and tariffs that must:

125-24 (1) Be open to public inspection; and

125-25 (2) Include all rates and charges for towing services

125-26 performed without the prior consent of the owner of the vehicle or

125-27 the person authorized by the owner to operate the vehicle which the

125-28 operator has established and which are in force at the time of filing.

125-29 (b) As a part of that schedule, all regulations of the operator of

125-30 the tow car which in any manner affect the rates charged or to be

125-31 charged for towing services performed without the prior consent of

125-32 the owner of the vehicle or the person authorized by the owner to

125-33 operate the vehicle and all regulations of the operator of the tow car

125-34 that the operator has adopted to comply with the provisions of NRS

125-35 706.010 to 706.791, inclusive.

125-36 3. No changes may be made in any schedule, including

125-37 schedules of joint rates, or in the regulations affecting any rates or

125-38 charges, except upon 30 days’ notice to the [commission,]

125-39 authority, and all those changes must be plainly indicated on any

125-40 new schedules filed in lieu thereof 30 days before the time they are

125-41 to take effect. The [commission,] authority, upon application of any

125-42 carrier, may prescribe a shorter time within which changes may be

125-43 made. The 30 days’ notice is not applicable when the carrier gives

126-1 written notice to the [commission] authority 10 days before the

126-2 effective date of its participation in a tariff bureau’s rates and

126-3 tariffs, provided the rates and tariffs have been previously filed with

126-4 and approved by the [commission.] authority.

126-5 4. The [commission] authority may at any time, upon its own

126-6 motion, investigate any of the rates, fares, charges, regulations,

126-7 practices and services filed pursuant to this section and, after

126-8 hearing, by order, make such changes as may be just and

126-9 reasonable.

126-10 5. The [commission] authority may dispense with the hearing

126-11 on any change requested in rates, fares, charges, regulations,

126-12 practices or service filed pursuant to this section.

126-13 6. All rates, fares, charges, classifications and joint rates,

126-14 regulations, practices and services fixed by the [commission]

126-15 authority are in force, and are prima facie lawful, from the date of

126-16 the order until changed or modified by the [commission,] authority,

126-17 or pursuant to [NRS 703.373 to 703.376, inclusive.] section 125 of

126-18 this act.

126-19 7. All regulations, practices and service prescribed by the

126-20 [commission] authority must be enforced and are prima facie

126-21 reasonable unless suspended or found otherwise in an action

126-22 brought for the purpose, [pursuant to the provisions of NRS

126-23 703.373 to 703.376, inclusive,] or until changed or modified by the

126-24 [commission] authority itself upon satisfactory showing made.

126-25 Sec. 156. NRS 706.323 is hereby amended to read as follows:

126-26 706.323 1. Except as otherwise provided in subsection 2, the

126-27 [commission] authority may not investigate, suspend, revise or

126-28 revoke any rate that is subject to the approval of the [commission]

126-29 authority pursuant to NRS 706.321 and proposed by a common

126-30 motor carrier or contract motor carrier because the rate is too high

126-31 or too low and therefore unreasonable if:

126-32 (a) The motor carrier notifies the [commission] authority that it

126-33 wishes to have the rate reviewed by the [commission] authority

126-34 pursuant to this subsection; and

126-35 (b) The rate resulting from all increases or decreases within 1

126-36 year is not more than 10 percent above or 10 percent below the rate

126-37 in effect 1 year before the effective date of the proposed rate.

126-38 2. This section does not limit the [commission’s] authority of

126-39 the transportation services authority to investigate, suspend, revise

126-40 or revoke a proposed rate if the rate would violate the provisions of

126-41 NRS 706.151.

127-1 Sec. 157. NRS 706.326 is hereby amended to read as follows:

127-2 706.326 1. Whenever there is filed with the [commission]

127-3 authority pursuant to NRS 706.321 any schedule or tariff stating a

127-4 new or revised individual or joint rate, fare or charge, or any new or

127-5 revised individual or joint regulation or practice affecting any rate,

127-6 fare or charge, or any schedule or tariff resulting in a

127-7 discontinuance, modification or restriction of service, the

127-8 [commission] authority may commence an investigation or, upon

127-9 reasonable notice, hold a hearing concerning the propriety of the

127-10 rate, fare, charge, classification, regulation, discontinuance,

127-11 modification, restriction or practice.

127-12 2. Pending the investigation or hearing and the decision

127-13 thereon, the [commission,] authority, upon delivering to the

127-14 common or contract motor carrier affected thereby a statement in

127-15 writing of its reasons for the suspension, may suspend the operation

127-16 of the schedule or tariff and defer the use of the rate, fare, charge,

127-17 classification, regulation, discontinuance, modification, restriction

127-18 or practice, but not for a longer period than 150 days beyond the

127-19 time when the rate, fare, charge, classification, regulation,

127-20 discontinuance, modification, restriction or practice would

127-21 otherwise go into effect.

127-22 3. After full investigation or hearing, whether completed before

127-23 or after the date upon which the rate, fare, charge, classification,

127-24 regulation, discontinuance, modification, restriction or practice is to

127-25 go into effect, the [commission] authority may make such order in

127-26 reference to the rate, fare, charge, classification, regulation,

127-27 discontinuance, modification, restriction or practice as would be

127-28 proper in a proceeding initiated after the rate, fare, charge,

127-29 classification, regulation, discontinuance, modification, restriction

127-30 or practice has become effective.

127-31 4. The [commission] authority shall determine whether it is

127-32 necessary to hold a hearing to consider the proposed change in any

127-33 schedule stating a new or revised individual or joint rate, fare or

127-34 charge. In making that determination, the [commission] authority

127-35 shall consider all timely written protests, any presentation the staff

127-36 of the [commission] authority may desire to present, the application

127-37 and any other matters deemed relevant by the [commission.]

127-38 authority.

127-39 Sec. 158. NRS 706.331 is hereby amended to read as follows:

127-40 706.331 1. If, after due investigation and hearing, any

127-41 authorized rates, tolls, fares, charges, schedules, tariffs, joint rates

127-42 or any regulation, measurement, practice, act or service that is

127-43 subject to the approval of the [commission] authority is complained

128-1 of and is found to be unjust, unreasonable, insufficient, preferential,

128-2 unjustly discriminatory or otherwise in violation of the provisions of

128-3 this chapter, or if it is found that the service is inadequate, or that

128-4 any reasonable service cannot be obtained, the [commission]

128-5 authority may substitute therefor such other rates, tolls, fares,

128-6 charges, tariffs, schedules or regulations, measurements, practices,

128-7 service or acts and make an order relating thereto as may be just

128-8 and reasonable.

128-9 2. When complaint is made of more than one matter, the

128-10 [commission] authority may order separate hearings upon the

128-11 several matters complained of at such times and places as it may

128-12 prescribe.

128-13 3. No complaint may at any time be dismissed because of the

128-14 absence of direct damage to the complainant.

128-15 4. The [commission] authority may at any time, upon its own

128-16 motion, investigate any of the matters listed in subsection 1, and,

128-17 after a full hearing, by order, make such changes as may be just and

128-18 reasonable, the same as if a formal complaint had been made.

128-19 Sec. 159. NRS 706.341 is hereby amended to read as follows:

128-20 706.341 1. An operator of a tow car shall, in the manner

128-21 prescribed by the [commission,] authority, notify the [commission]

128-22 authority if the operator discontinues providing towing services

128-23 from an operating terminal or establishes a new operating terminal

128-24 from which a tow car provides towing services within 30 days after

128-25 the operator discontinues providing towing services from an

128-26 operating terminal or commences operations at the new terminal.

128-27 2. A common motor carrier, other than an operator of a tow car,

128-28 authorized to operate by NRS 706.011 to 706.791, inclusive, and

128-29 sections 104 to 128, inclusive, of this act, shall not discontinue any

128-30 service established pursuant to the provisions of NRS 706.011 to

128-31 706.791, inclusive, and sections 104 to 128, inclusive, of this act,

128-32 and all other laws relating thereto and made applicable thereto by

128-33 NRS 706.011 to 706.791, inclusive, and sections 104 to 128,

128-34 inclusive, of this act, without an order of the [commission]

128-35 authority granted only after public notice or hearing in the event of

128-36 protest.

128-37 Sec. 160. NRS 706.346 is hereby amended to read as follows:

128-38 706.346 1. Except as otherwise provided in subsection 3, a

128-39 copy, or so much of the schedule or tariff as the [commission]

128-40 authority determines necessary for the use of the public, must be

128-41 printed in plain type and posted in every office of a common motor

128-42 carrier where payments are made by customers or users, open to the

129-1 public, in such form and place as to be readily accessible to the

129-2 public and conveniently inspected.

129-3 2. Except as otherwise provided in subsection 3, when a

129-4 schedule or tariff of joint rates or charges is or may be in force

129-5 between two or more common motor carriers or between any such

129-6 carrier and a public utility, the schedule or tariff must be printed

129-7 and posted in the manner prescribed in subsection 1.

129-8 3. Only the rates for towing services performed without the

129-9 prior consent of the owner of the vehicle or the person authorized

129-10 by the owner to operate the vehicle must be printed and posted by

129-11 an operator of a tow car pursuant to subsections 1 and 2.

129-12 Sec. 163. NRS 706.386 is hereby amended to read as follows:

129-13 706.386 It is unlawful, except as otherwise provided in NRS

129-14 373.117, 706.446, 706.453 and 706.745, for any fully regulated

129-15 common motor carrier to operate as a carrier of intrastate commerce

129-16 and any operator of a tow car to perform towing services within this

129-17 state without first obtaining a certificate of public convenience and

129-18 necessity from the [commission.] authority.

129-19 Sec. 164. NRS 706.391 is hereby amended to read as follows:

129-20 706.391 1. Upon the filing of an application for a certificate

129-21 of public convenience and necessity to operate as a motor carrier

129-22 other than an operator of a tow car, the [commission] authority

129-23 shall fix a time and place for hearing thereon.

129-24 2. The [commission] authority shall issue such a certificate if it

129-25 finds that:

129-26 (a) The applicant is fit, willing and able to perform the services

129-27 of a common motor carrier;

129-28 (b) The proposed operation will be consistent with the legislative

129-29 policies set forth in NRS 706.151;

129-30 (c) The granting of the certificate will not unreasonably and

129-31 adversely affect other carriers operating in the territory for which

129-32 the certificate is sought; and

129-33 (d) The proposed service will benefit the traveling and shipping

129-34 public and the motor carrier business in this state.

129-35 3. The [commission] authority shall not find that the potential

129-36 creation of competition in a territory which may be caused by the

129-37 granting of a certificate, by itself, will unreasonably and adversely

129-38 affect other carriers operating in the territory for the purposes of

129-39 paragraph (c) of subsection 2.

129-40 4. An applicant for such a certificate has the burden of proving

129-41 to the [commission] authority that the proposed operation will meet

129-42 the requirements of subsection 2.

130-1 5. The [commission] authority may issue a certificate of public

130-2 convenience and necessity to operate as a common motor carrier, or

130-3 issue it for:

130-4 (a) The exercise of the privilege sought.

130-5 (b) The partial exercise of the privilege sought.

130-6 6. The [commission] authority may attach to the certificate

130-7 such terms and conditions as, in its judgment, the public interest

130-8 may require.

130-9 7. The [commission] authority may dispense with the hearing

130-10 on the application if, upon the expiration of the time fixed in the

130-11 notice thereof, no petition to intervene has been filed on behalf of

130-12 any person who has filed a protest against the granting of the

130-13 certificate.

130-14 Sec. 173. NRS 706.446 is hereby amended to read as follows:

130-15 706.446 The provisions of this chapter do not require an

130-16 operator of a tow car who provides towing for a licensed motor club

130-17 regulated pursuant to chapter 696A of NRS to obtain a certificate of

130-18 public convenience and necessity or to comply with the regulations

130-19 or rates adopted by the [commission] authority to provide that

130-20 towing.

130-21 Sec. 174. NRS 706.4463 is hereby amended to read as follows:

130-22 706.4463 1. In addition to the other requirements of this

130-23 chapter, each operator of a tow car shall, to protect the health,

130-24 safety and welfare of the public:

130-25 (a) Obtain a certificate of public convenience and necessity from

130-26 the [commission] authority before he provides any services other

130-27 than those services which he provides as a private motor carrier of

130-28 property pursuant to the provisions of this chapter;

130-29 (b) Use a tow car of sufficient size and weight which is

130-30 appropriately equipped to transport safely the vehicle which is

130-31 being towed; and

130-32 (c) Comply with the provisions of NRS 706.011 to 706.791,

130-33 inclusive.

130-34 2. A person who wishes to obtain a certificate of public

130-35 convenience and necessity to operate a tow car must file an

130-36 application with the [commission.

130-37 3. The commission] authority.

130-38 3. The authority shall issue a certificate of public convenience

130-39 and necessity to an operator of a tow car if it determines that the

130-40 applicant:

130-41 (a) Complies with the requirements of paragraphs (b) and (c) of

130-42 subsection 1;

131-1 (b) Complies with the requirements of the regulations adopted

131-2 by the [commission] authority pursuant to the provisions of this

131-3 chapter;

131-4 (c) Has provided evidence that he has filed with the

131-5 [commission] authority a liability insurance policy, a certificate of

131-6 insurance or a bond of a surety and bonding company or other

131-7 surety required for every operator of a tow car pursuant to the

131-8 provisions of NRS 706.291; and

131-9 (d) Has provided evidence that he has filed with the

131-10 [commission] authority schedules and tariffs pursuant to subsection

131-11 2 of NRS 706.321.

131-12 4. An applicant for a certificate has the burden of proving to the

131-13 [commission] authority that the proposed operation will meet the

131-14 requirements of subsection 3.

131-15 5. The [commission] authority may hold a hearing to determine

131-16 whether an applicant is entitled to a certificate only if:

131-17 (a) Upon the expiration of the time fixed in the notice that an

131-18 application for a certificate of public convenience and necessity is

131-19 pending, a petition to intervene has been granted by the

131-20 [commission;] authority; or

131-21 (b) The [commission] authority finds that after reviewing the

131-22 information provided by the applicant and inspecting the operations

131-23 of the applicant, it cannot make a determination as to whether the

131-24 applicant has complied with the requirements of subsection 3.

131-25 Sec. 178. NRS 706.4483 is hereby amended to read as follows:

131-26 706.4483 1. The [commission] authority shall act upon

131-27 complaints regarding the failure of an operator of a tow car to

131-28 comply with the provisions of NRS 706.011 to 706.791, inclusive.

131-29 2. In addition to any other remedies that may be available to the

131-30 [commission] authority to act upon complaints, the [commission]

131-31 authority may order the release of towed motor vehicles, cargo or

131-32 personal property upon such terms and conditions as the

131-33 [commission] authority determines to be appropriate.

131-34 Sec. 179. NRS 706.4485 is hereby amended to read as follows:

131-35 706.4485 A law enforcement agency that maintains and uses a

131-36 list of operators of tow cars which are called by that agency to

131-37 provide towing shall not include an operator of a tow car on the list

131-38 unless he:

131-39 1. Holds a certificate of public convenience and necessity

131-40 issued by the [commission.] authority.

131-41 2. Complies with all applicable provisions of this chapter and

131-42 chapters 482 [, 484 and 706] and 484 of NRS.

132-1 3. Agrees to respond in a timely manner to requests for towing

132-2 made by the agency.

132-3 4. Maintains adequate, accessible and secure storage within the

132-4 State of Nevada for any vehicle that is towed.

132-5 5. Complies with all standards the law enforcement agency may

132-6 adopt to protect the health, safety and welfare of the public.

132-7 6. Assesses only rates and charges that have been approved by

132-8 the [commission] authority for towing services performed without

132-9 the prior consent of the owner of the vehicle or the person

132-10 authorized by the owner to operate the vehicle.

132-11 7. The [commission] authority shall not require that an

132-12 operator of a tow car charge the same rate to law enforcement

132-13 agencies for towing services performed without the prior consent of

132-14 the owner of the vehicle or the person authorized by the owner to

132-15 operate the vehicle that the operator charges to other persons for

132-16 such services.

132-17 Sec. 184. NRS 706.461 is hereby amended to read as follows:

132-18 706.461 When:

132-19 1. A complaint has been filed with the [commission] authority

132-20 alleging that any vehicle is being operated without a certificate of

132-21 public convenience and necessity or contract carrier’s permit as

132-22 required by NRS 706.011 to 706.791, inclusive [;] , and sections

132-23 104 to 128, inclusive, of this act; or

132-24 2. The [commission] authority has reason to believe that any:

132-25 (a) Person is advertising to provide:

132-26 (1) The services of a fully regulated carrier in intrastate

132-27 commerce; or

132-28 (2) Towing services,

132-29 without including the number of his certificate of public

132-30 convenience and necessity or permit in each advertisement; or

132-31 (b) Provision of NRS 706.011 to 706.791, inclusive, and

132-32 sections 104 to 128, inclusive, of this act, is being violated,

132-33 the [commission] authority shall investigate the operations or

132-34 advertising and may, after a hearing, order the owner or operator of

132-35 the vehicle or the person advertising to cease and desist from any

132-36 operation or advertising in violation of NRS 706.011 to 706.791,

132-37 inclusive [. The commission] , and sections 104 to 128, inclusive,

132-38 of this act. The authority shall enforce compliance with the order

132-39 pursuant to the powers vested in the [commission] authority by

132-40 NRS 706.011 to 706.791, inclusive, and sections 104 to 128,

132-41 inclusive, of this act, or by other law.

133-1 Sec. 189. NRS 706.6411 is hereby amended to read as follows:

133-2 706.6411 1. All motor carriers, other than operators of tow

133-3 cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, and

133-4 sections 104 to 128, inclusive, of this act, to whom the certificates,

133-5 permits and licenses provided by NRS 706.011 to 706.791,

133-6 inclusive, and sections 104 to 128, inclusive, of this act, have been

133-7 issued may transfer them to another carrier, other than an operator

133-8 of a tow car, qualified pursuant to NRS 706.011 to 706.791,

133-9 inclusive, and sections 104 to 128, inclusive, of this act, but no

133-10 such transfer is valid for any purpose until a joint application to

133-11 make the transfer has been made to the [commission] authority by

133-12 the transferor and the transferee, and the [commission] authority

133-13 has authorized the substitution of the transferee for the transferor.

133-14 No transfer of stock of a corporate motor carrier subject to the

133-15 jurisdiction of the [commission] authority is valid without the

133-16 [commission’s] prior approval of the authority if the effect of the

133-17 transfer would be to change the corporate control of the carrier or if

133-18 a transfer of 15 percent or more of the common stock of the carrier

133-19 is proposed.

133-20 2. Except as otherwise provided in subsection 3, the

133-21 [commission] authority shall fix a time and place for a hearing to

133-22 be held unless the application is made to transfer the certificate

133-23 from a natural person or partners to a corporation whose controlling

133-24 stockholders will be substantially the same person or partners, and

133-25 may hold a hearing to consider such an application.

133-26 3. The [commission] authority may also dispense with the

133-27 hearing on the joint application to transfer if, upon the expiration of

133-28 the time fixed in the notice thereof, no protest against the transfer of

133-29 the certificate or permit has been filed by or in behalf of any

133-30 interested person.

133-31 4. In determining whether or not the transfer of a certificate of

133-32 public convenience and necessity or a permit to act as a contract

133-33 motor carrier should be authorized, the [commission] authority

133-34 shall consider:

133-35 (a) The service which has been performed by the transferor and

133-36 that which may be performed by the transferee.

133-37 (b) Other authorized facilities for transportation in the territory

133-38 for which the transfer is sought.

133-39 (c) Whether or not the transferee is fit, willing and able to

133-40 perform the services of a common or contract motor carrier by

133-41 vehicle and whether or not the proposed operation would be

133-42 consistent with the legislative policy set forth in NRS 706.151.

134-1 5. Upon a transfer made pursuant to this section, the

134-2 [commission] authority may make such amendments, restrictions or

134-3 modifications in a certificate or permit as the public interest may

134-4 require.

134-5 6. No transfer is valid beyond the life of the certificate, permit

134-6 or license transferred.

134-7 Sec. 190. NRS 706.736 is hereby amended to read as follows:

134-8 706.736 1. Except as otherwise provided in subsection 2, the

134-9 provisions of NRS [703.191, 703.310, 703.374, 703.375 and]

134-10 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive,

134-11 of this act, do not apply to:

134-12 (a) The transportation by a contractor licensed by the state

134-13 contractors’ board of his own equipment in his own vehicles from

134-14 job to job.

134-15 (b) Any person engaged in transporting his own personal effects

134-16 in his own vehicle, but the provisions of this subsection do not

134-17 apply to any person engaged in transportation by vehicle of

134-18 property sold or to be sold, or used by him in the furtherance of any

134-19 commercial enterprise other than as provided in paragraph (d), or to

134-20 the carriage of any property for compensation.

134-21 (c) Special mobile equipment.

134-22 (d) The vehicle of any person, when that vehicle is being used in

134-23 the production of motion pictures, including films to be shown in

134-24 theaters and on television, industrial training and educational films,

134-25 commercials for television and video discs and tapes.

134-26 (e) A private motor carrier of property which is used for any

134-27 convention, show, exhibition, sporting event, carnival, circus or

134-28 organized recreational activity.

134-29 (f) A private motor carrier of property which is used to attend

134-30 livestock shows and sales.

134-31 2. Unless exempted by a specific state statute or a specific

134-32 federal statute, regulation or rule, any person referred to in

134-33 subsection 1 is subject to:

134-34 (a) The provisions of paragraph (d) of subsection 1 of NRS

134-35 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457

134-36 and 706.458.

134-37 (b) All rules and regulations adopted by reference pursuant to

134-38 paragraph (b) of subsection 1 of NRS 706.171 concerning the safety

134-39 of drivers and vehicles.

134-40 (c) All standards adopted by regulation pursuant to NRS

134-41 706.173.

134-42 3. The provisions of NRS 706.311 to 706.453, inclusive,

134-43 706.471, 706.473, 706.475 and 706.6411 and sections 10, 11 and

135-1 11.5 of [this act] Senate Bill No. 451 of this session which

135-2 authorize the [commission] authority to issue:

135-3 (a) Except as otherwise provided in paragraph (b), certificates of

135-4 public convenience and necessity and contract carriers’ permits and

135-5 to regulate rates, routes and services apply only to fully regulated

135-6 carriers.

135-7 (b) Certificates of public convenience and necessity to operators

135-8 of tow cars and to regulate rates for towing services performed

135-9 without the prior consent of the owner of the vehicle or the person

135-10 authorized by the owner to operate the vehicle apply to operators of

135-11 tow cars.

135-12 4. Any person who operates pursuant to a claim of an

135-13 exemption provided by this section but who is found to be operating

135-14 in a manner not covered by any of those exemptions immediately

135-15 becomes liable, in addition to any other penalties provided in this

135-16 chapter, for the fee appropriate to his actual operation as prescribed

135-17 in this chapter, computed from the date when that operation began.

135-18 Sec. 194. NRS 706.761 is hereby amended to read as follows:

135-19 706.761 1. Any agent or person in charge of the books,

135-20 accounts, records, minutes or papers of any private, common or

135-21 contract motor carrier or broker of any of these services who refuses

135-22 or fails for a period of 30 days to furnish the [commission]

135-23 authority or department with any report required by either or who

135-24 fails or refuses to permit any person authorized by the [commission]

135-25 authority or department to inspect such books, accounts, records,

135-26 minutes or papers on behalf of the [commission] authority or

135-27 department is liable to a penalty in a sum of not less than $300 nor

135-28 more than $500. The penalty may be recovered in a civil action

135-29 upon the complaint of the [commission] authority or department in

135-30 any court of competent jurisdiction.

135-31 2. Each day’s refusal or failure is a separate offense, and is

135-32 subject to the penalty prescribed in this section.

135-33 Sec. 195. NRS 706.766 is hereby amended to read as follows:

135-34 706.766 1. It is unlawful for any fully regulated carrier or

135-35 operator of a tow car to charge, demand, collect or receive a greater

135-36 or less compensation for any service performed by it within this

135-37 state or for any service in connection therewith than is specified in

135-38 its fare, rates, joint rates, charges or rules and regulations on file

135-39 with the [commission,] authority, or to demand, collect or receive

135-40 any fare, rate or charge not specified. The rates, tolls and charges

135-41 named therein are the lawful rates, tolls and charges until they are

135-42 changed as provided in this chapter.

136-1 2. It is unlawful for any fully regulated carrier or operator of a

136-2 tow car to grant any rebate, concession or special privilege to any

136-3 person which, directly or indirectly, has or may have the effect of

136-4 changing the rates, tolls, charges or payments.

136-5 3. Any violation of the provisions of this section subjects the

136-6 violator to the penalty prescribed in NRS 706.761.

136-7 Sec. 196. NRS 706.771 is hereby amended to read as follows:

136-8 706.771 1. Any [:

136-9 (a) Fully regulated carrier;

136-10 (b) Broker of regulated services;

136-11 (c) Operator of a tow car; or

136-12 (d) Other person,] person or any agent or employee thereof, who

136-13 violates any provision of this chapter, any lawful regulation of the

136-14 [commission] authority or any lawful tariff on file with the

136-15 [commission] authority or who fails, neglects or refuses to obey any

136-16 lawful order of the [commission] authority or any court order for

136-17 whose violation a civil penalty is not otherwise prescribed is liable

136-18 to a penalty of not more than $10,000 for any violation. The penalty

136-19 may be recovered in a civil action upon the complaint of the

136-20 [commission] authority in any court of competent jurisdiction.

136-21 2. If the [commission] authority does not bring an action to

136-22 recover the penalty prescribed by subsection 1, the [commission]

136-23 authority may impose an administrative fine of not more than

136-24 $10,000 for any violation of a provision of this chapter or any rule,

136-25 regulation or order adopted or issued by the [commission] authority

136-26 or department pursuant to the provisions of this chapter. A fine

136-27 imposed by the [commission] authority may be recovered by the

136-28 [commission] authority only after notice is given and a hearing is

136-29 held pursuant to the provisions of chapter 233B of NRS.

136-30 3. All administrative fines imposed and collected by the

136-31 [commission] authority pursuant to subsection 2 are payable to the

136-32 state treasurer and must be credited to a separate account to be used

136-33 by the [commission] authority to enforce the provisions of this

136-34 chapter.

136-35 4. A penalty or fine recovered pursuant to this section is not a

136-36 cost of service for purposes of rate making.

136-37 Sec. 228. NRS 179A.100 is hereby amended to read as

136-38 follows:

136-39 179A.100 1. The following records of criminal history may

136-40 be disseminated by an agency of criminal justice without any

136-41 restriction pursuant to this chapter:

136-42 (a) Any which reflect records of conviction only; and

137-1 (b) Any which pertain to an incident for which a person is

137-2 currently within the system of criminal justice, including parole or

137-3 probation.

137-4 2. Without any restriction pursuant to this chapter, a record of

137-5 criminal history or the absence of such a record may be:

137-6 (a) Disclosed among agencies which maintain a system for the

137-7 mutual exchange of criminal records.

137-8 (b) Furnished by one agency to another to administer the system

137-9 of criminal justice, including the furnishing of information by a

137-10 police department to a district attorney.

137-11 (c) Reported to the central repository.

137-12 3. An agency of criminal justice shall disseminate to a

137-13 prospective employer, upon request, records of criminal history

137-14 concerning a prospective employee or volunteer which:

137-15 (a) Reflect convictions only; or

137-16 (b) Pertain to an incident for which the prospective employee or

137-17 volunteer is currently within the system of criminal justice,

137-18 including parole or probation.

137-19 4. The central repository shall disseminate to a prospective or

137-20 current employer, upon request, information relating to sexual

137-21 offenses concerning an employee, prospective employee, volunteer

137-22 or prospective volunteer who gives his written consent to the release

137-23 of that information.

137-24 5. Records of criminal history must be disseminated by an

137-25 agency of criminal justice upon request, to the following persons or

137-26 governmental entities:

137-27 (a) The person who is the subject of the record of criminal

137-28 history for the purposes of NRS 179A.150.

137-29 (b) The person who is the subject of the record of criminal

137-30 history or his attorney of record when the subject is a party in a

137-31 judicial, administrative, licensing, disciplinary or other proceeding

137-32 to which the information is relevant.

137-33 (c) The state gaming control board.

137-34 (d) The state board of nursing.

137-35 (e) The private investigator’s licensing board to investigate an

137-36 applicant for a license.

137-37 (f) A public administrator to carry out his duties as prescribed in

137-38 chapter 253 of NRS.

137-39 (g) A public guardian to investigate a ward or proposed ward or

137-40 persons who may have knowledge of assets belonging to a ward or

137-41 proposed ward.

137-42 (h) Any agency of criminal justice of the United States or of

137-43 another state or the District of Columbia.

138-1 (i) Any public utility subject to the jurisdiction of the public

138-2 [service] utilities commission of Nevada when the information is

138-3 necessary to conduct a security investigation of an employee or

138-4 prospective employee, or to protect the public health, safety or

138-5 welfare.

138-6 (j) Persons and agencies authorized by statute, ordinance,

138-7 executive order, court rule, court decision or court order as

138-8 construed by appropriate state or local officers or agencies.

138-9 (k) Any person or governmental entity which has entered into a

138-10 contract to provide services to an agency of criminal justice relating

138-11 to the administration of criminal justice, if authorized by the

138-12 contract, and if the contract also specifies that the information will

138-13 be used only for stated purposes and that it will be otherwise

138-14 confidential in accordance with state and federal law and regulation.

138-15 (l) Any reporter for the electronic or printed media in his

138-16 professional capacity for communication to the public.

138-17 (m) Prospective employers if the person who is the subject of the

138-18 information has given written consent to the release of that

138-19 information by the agency which maintains it.

138-20 (n) For the express purpose of research, evaluative or statistical

138-21 programs pursuant to an agreement with an agency of criminal

138-22 justice.

138-23 (o) The division of child and family services of the department

138-24 of human resources and any county agency that is operated pursuant

138-25 to NRS 432B.325 or authorized by a court of competent jurisdiction

138-26 to receive and investigate reports of abuse or neglect of children

138-27 and which provides or arranges for protective services for such

138-28 children.

138-29 (p) The welfare division of the department of human resources

138-30 or its designated representative.

138-31 (q) An agency of this or any other state or the Federal

138-32 Government that is conducting activities pursuant to Part D of Title

138-33 IV of the Social Security Act (42 U.S.C. §§ 651 et seq.).

138-34 (r) The state disaster identification team of the division of

138-35 emergency management of the department of motor vehicles and

138-36 public safety during a state of emergency proclaimed pursuant to

138-37 NRS 414.070.

138-38 6. Agencies of criminal justice in this state which receive

138-39 information from sources outside [the] this state concerning

138-40 transactions involving criminal justice which occur outside Nevada

138-41 shall treat the information as confidentially as is required by the

138-42 provisions of this chapter.

139-1 Sec. 239. 1. The consumer’s advocate:

139-2 (a) May compile and maintain a data base of the types of

139-3 telecommunication services that are available in this state. Such a

139-4 data base must be:

139-5 (1) In a format that can be easily understood; and

139-6 (2) Updated annually.

139-7 (b) Shall perform outreach programs, identify problems and

139-8 facilitate the development of solutions relating to the provision of

139-9 telecommunication service to public schools, public libraries,

139-10 medical facilities and local governments in rural counties.

139-11 (c) Shall act as an advocate for the public schools, public

139-12 libraries, medical facilities, businesses and general public of this

139-13 state before the public utilities commission of Nevada relating to

139-14 the provision of universal telephone service and access to

139-15 universal service.

139-16 (d) Shall facilitate coordination among the agencies and local

139-17 governments of this state and the commission regarding issues

139-18 relating to telecommunication services.

139-19 2. As used in this section:

139-20 (a) "Medical facility" has the meaning ascribed to it in NRS

139-21 449.0151.

139-22 (b) "Rural county" means a county whose population is less

139-23 than 100,000.

139-24 (c) "Universal service" means the availability of affordable

139-25 and reliable basic telephone service to as many customers in this

139-26 state as economically and operationally practicable.

139-27 Sec. 265. NRS 268.530 is hereby amended to read as follows:

139-28 268.530 1. After holding a public hearing as provided in NRS

139-29 268.528, the governing body shall proceed no further until it:

139-30 (a) Determines by resolution the total amount of money

139-31 necessary to be provided by the city for the acquisition,

139-32 improvement and equipment of the project;

139-33 (b) Receives a 5-year operating history from the contemplated

139-34 lessee, purchaser or other obligor, or from a parent or other

139-35 enterprise which guarantees principal and interest payments on any

139-36 bonds issued;

139-37 (c) Receives evidence that the contemplated lessee, purchaser,

139-38 other obligor or other enterprise which guarantees principal and

139-39 interest payments, has received within the 12 months preceding the

139-40 date of the public hearing a rating within one of the top four rating

139-41 categories of either Moody’s Investors Service, Inc., or Standard

139-42 and Poor’s Ratings Services, except that a public utility regulated

139-43 by the public [service] utilities commission of Nevada, the obligor

140-1 with respect to a project described in NRS 268.5385, a health and

140-2 care facility or a supplemental facility for a health and care facility

140-3 is not required to furnish that evidence;

140-4 (d) Determines by resolution that the contemplated lessee,

140-5 purchaser or other obligor has sufficient financial resources to place

140-6 the project in operation and to continue its operation, meeting the

140-7 obligations of the lease, purchase contract or financing agreement;

140-8 and

140-9 (e) Finds by resolution that the project:

140-10 (1) Will provide a public benefit;

140-11 (2) Would be compatible with existing facilities in the area

140-12 adjacent to the location of the project;

140-13 (3) Will encourage the creation of jobs for the residents of this

140-14 state;

140-15 (4) Is compatible with the general plan of the city adopted

140-16 pursuant to chapter 278 of NRS; and

140-17 (5) If not exempt from the provisions of subsection 2 of NRS

140-18 268.527, will not compete substantially with an enterprise or

140-19 organization already established in the city or the county within

140-20 which the city is located.

140-21 2. The governing body may refuse to proceed with any project

140-22 even if all the criteria of subsection 1 are satisfied. If the governing

140-23 body desires to proceed with any project where any criterion of

140-24 subsection 1 is not satisfied, it may do so only with the approval of

140-25 the state board of finance. In requesting the approval, the governing

140-26 body shall transmit to the state board of finance all evidence

140-27 received pursuant to subsection 1.

140-28 3. If any part of the project or improvements is to be

140-29 constructed by a lessee or his designee, a purchaser or his designee

140-30 or an obligor or his designee, the governing body shall provide, or

140-31 determine that there are provided, sufficient safeguards to ensure

140-32 that all money provided by the city will be expended solely for the

140-33 purposes of the project.

140-34 Sec. 276. NRS 354.59883 is hereby amended to read as

140-35 follows:

140-36 354.59883 A city or county shall not adopt an ordinance

140-37 imposing or increasing a fee:

140-38 1. If that ordinance would alter the terms of any existing

140-39 franchise agreement between the city or county and a public utility.

140-40 2. That applies to any public utility which does not derive

140-41 revenue from customers located within the jurisdiction of the city or

140-42 county.

140-43 3. If, after the adoption of the ordinance:

141-1 (a) Any part of a fee to which the ordinance applies will be

141-2 based upon any revenue of a public utility other than its revenue

141-3 from customers located within the jurisdiction of the city or county.

141-4 (b) The total cumulative amount of all fees the city or county

141-5 imposes upon a public utility to which the ordinance applies will

141-6 exceed:

141-7 (1) Except as otherwise provided in subparagraph (2), 5

141-8 percent of the utility’s gross revenue from customers located within

141-9 the jurisdiction of the city or county.

141-10 (2) For a public utility that sells or resells personal wireless

141-11 services, 5 percent of its gross revenue from the first $15 charged

141-12 monthly for each line of access for each of its customers who has a

141-13 billing address located within the jurisdiction of the city or county.

141-14 Sec. 277. NRS 354.59889 is hereby amended to read as

141-15 follows:

141-16 354.59889 [Except as otherwise provided by agreement with

141-17 all the affected public utilities:]

141-18 1. A city or county shall not change any of its fees except

141-19 through the adoption of an ordinance which provides that the

141-20 change does not become effective until at least 90 days after the city

141-21 or county complies with the provisions of subsection 3 of NRS

141-22 354.59885.

141-23 2. The cumulative amount of any increases in fees imposed by

141-24 a city or county during any period of 24 months must not exceed 1

141-25 percent of the gross revenue of any public utility to which the

141-26 increase applies from customers located within the jurisdiction of

141-27 that city or county.

141-28 Sec. 282. NRS 377A.140 is hereby amended to read as

141-29 follows:

141-30 377A.140 1. Except as otherwise provided in subsection 2, a

141-31 public transit system in a county whose population is 400,000 or

141-32 more may, in addition to providing local transportation within the

141-33 county and the services described in NRS 377A.130, provide:

141-34 (a) Programs to reduce or manage motor vehicle traffic; and

141-35 (b) Any other services for a public transit system which are

141-36 requested by the general public,

141-37 if those additional services are included and described in a long-

141-38 range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. §

141-39 5303.

141-40 2. Before a regional transportation commission may provide for

141-41 an on-call public transit system in an area of the county, the

141-42 commission must receive a determination from the [public service

142-1 commission of Nevada and the taxicab] transportation services

142-2 authority that:

142-3 (a) There are no common motor carriers of passengers who are

142-4 authorized to provide on-call operations for transporting passengers

142-5 in that area; or

142-6 (b) Although there are common motor carriers of passengers

142-7 who are authorized to provide on-call operations for transporting

142-8 passengers in the area, the common motor carriers of passengers do

142-9 not wish to provide, or are not capable of providing, those

142-10 operations.

142-11 3. As used in this section:

142-12 (a) "Common motor carrier of passengers" has the meaning

142-13 ascribed to it in NRS 706.041.

142-14 (b) "On-call public transit system" means a system established to

142-15 transport passengers only upon the request of a person who needs

142-16 transportation.

142-17 Sec. 297. NRS 455.250 is hereby amended to read as follows:

142-18 455.250 1. An action for the enforcement of a civil penalty

142-19 pursuant to this section may be brought before the public [service]

142-20 utilities commission of Nevada by the attorney general, a district

142-21 attorney, a city attorney or legal counsel for the public [service]

142-22 utilities commission of Nevada.

142-23 2. Any person who violates a provision of NRS 455.200 to

142-24 455.240, inclusive, is liable for a civil penalty not to exceed $1,000

142-25 per day for each violation.

142-26 3. The amount of any civil penalty imposed pursuant to this

142-27 section and the propriety of any settlement or compromise

142-28 concerning a penalty must be determined by the public [service]

142-29 utilities commission of Nevada upon receipt of a complaint by the

142-30 attorney general, an employee of the public [service] utilities

142-31 commission of Nevada who is engaged in regulatory operations, a

142-32 district attorney or a city attorney.

142-33 4. In determining the amount of the penalty or the amount

142-34 agreed upon in a settlement or compromise, the public [service]

142-35 utilities commission of Nevada shall consider:

142-36 (a) The gravity of the violation;

142-37 (b) The good faith of the person charged with the violation in

142-38 attempting to comply with the provisions of NRS 455.200 to

142-39 455.240, inclusive, before and after notification of a violation; and

142-40 (c) Any history of previous violations of those provisions by the

142-41 person charged with the violation.

142-42 5. A civil penalty recovered pursuant to this section must first

142-43 be paid to reimburse the person who initiated the action for any cost

143-1 incurred in prosecuting the matter. Any amount remaining after

143-2 such reimbursement must be deposited in the state general fund.

143-3 6. Any person aggrieved by a determination of the public

143-4 [service] utilities commission of Nevada pursuant to this section

143-5 may seek judicial review of the determination in the manner

143-6 provided by NRS [233B.130 to 233B.150, inclusive.] 703.373.

143-7 Sec. 332. Section 4 of this act is hereby amended to read as

143-8 follows:

143-9 Sec. 4. NRS 703.010 is hereby amended to read as follows:

143-10 703.010 As used in this chapter, unless the context otherwise

143-11 requires:

143-12 1. "Alternative seller" has the meaning ascribed to it in

143-13 section 30 of this act.

143-14 2. "Commission" means the public [service] utilities

143-15 commission of Nevada.

143-16 [3. "Fully regulated carrier" has the meaning ascribed to it in

143-17 NRS 706.072.

143-18 4. "Tow car" has the meaning ascribed to it in NRS 706.131.

143-19 5. "Towing services" has the meaning ascribed to it in

143-20 section 9 of Senate Bill No. 451 of this session.]

143-21 Sec. 333.5. Section 22 of this act is hereby amended to read as

143-22 follows:

143-23 Sec. 22. NRS 703.310 is hereby amended to read as follows:

143-24 703.310 1. When a complaint is made against any public

143-25 utility [, fully regulated carrier, broker of regulated services,

143-26 operator of a tow car] or alternative seller by any person, that [:

143-27 (a) Any] any of the rates, tolls, charges or schedules for

143-28 regulated services, or any joint rate or rates [assessed by any

143-29 public utility, fully regulated carrier or broker of regulated

143-30 services] are in any respect unreasonable or unjustly

143-31 discriminatory , [;

143-32 (b) Any of the rates, tolls, charges or schedules, or any joint

143-33 rate or rates assessed by any operator of a tow car for towing

143-34 services performed without the prior consent of the owner of the

143-35 vehicle or the person authorized by the owner to operate the

143-36 vehicle is unreasonable or unjustly discriminatory;

143-37 (c) Any of the provisions of NRS 706.446 to 706.453,

143-38 inclusive, and sections 10, 11 and 11.5 of Senate Bill No. 451 of

143-39 this session have been violated;

143-40 (d) Any regulation, measurement, practice or act directly

143-41 relating to the transportation of persons or property, including the

143-42 handling and storage of that property, or the service of any broker

143-43 in connection therewith,] or any regulation, measurement,

144-1 practice or act affecting or relating to the production,

144-2 transmission or delivery or furnishing of heat, light, gas, coal

144-3 slurry, water or power, or any service in connection therewith or

144-4 the transmission thereof is, in any respect, unreasonable,

144-5 insufficient or unjustly discriminatory [; or

144-6 (e) Any] , or that any service is inadequate, the division of

144-7 consumer [relations of the commission] complaint resolution

144-8 shall investigate the complaint. After receiving the complaint, the

144-9 division shall give a copy of it to the public utility [, carrier,

144-10 broker, operator of a tow car] or alternative seller against whom

144-11 the complaint is made. Within a reasonable time thereafter, the

144-12 public utility [, carrier, broker, operator of a tow car] or

144-13 alternative seller shall provide the commission with its written

144-14 response to the complaint according to the regulations of the

144-15 commission.

144-16 2. If the division of consumer [relations] complaint

144-17 resolution is unable to resolve the complaint, the division shall

144-18 transmit the complaint, the results of its investigation and its

144-19 recommendation to the commission. If the commission

144-20 determines that probable cause exists for the complaint, it shall

144-21 order a hearing thereof, give notice of the hearing and conduct

144-22 the hearing as it would any other hearing.

144-23 3. No order affecting a rate, toll, charge, schedule,

144-24 regulation, measurement, practice or act complained of may be

144-25 entered without a formal hearing unless the hearing is dispensed

144-26 with as provided in NRS 703.320.

144-27 Sec. 334.5. NRS 703.155, 706.106 and 706.174 , and section

144-28 4 of chapter 555, Statutes of Nevada 1997, at page 2666, are

144-29 hereby repealed.

144-30 Sec. 345. 1. This section and sections 4, 20, 21, 22, 27 to 54,

144-31 inclusive, 230 to 233, inclusive, 320 to 326, inclusive, 333.7, 334,

144-32 335 to 344, inclusive, 346 and 347 of this act become effective

144-33 upon passage and approval.

144-34 2. Sections 1, 2, 3, 5 to 19, inclusive, 23 to 26, inclusive, 55 to

144-35 70, inclusive, 71 to 133, inclusive, 135 to 150, inclusive, 152 to

144-36 [172, inclusive,] 174, inclusive, 176, 178 to 221, inclusive, 223 to

144-37 [229,] 227, inclusive, 229, 234 to 278, inclusive, 280 to 319,

144-38 inclusive, 327, 328, 329, 331 to 333.5, inclusive, and 334.5 of this

144-39 act become effective on October 1, 1997.

144-40 3. Sections 151, 222 , 228 and 330 of this act become effective

144-41 at 12:01 a.m. on October 1, 1997.

145-1 [4. Section 173 of this act becomes effective on the date that

145-2 the provisions of 49 U.S.C. § 11501 are repealed or judicially

145-3 declared to be invalid.]

145-4 Sec. 346. [1. Sections 174, 176, 178 and 179 of this act

145-5 expire by limitation on the date that the provisions of 49 U.S.C. §

145-6 11501 are repealed or judicially declared to be invalid.

145-7 2.] Section 239 of this act expires by limitation on June 30,

145-8 2003.

145-9 2. Chapter 482, Statutes of Nevada 1997, at page 2021, is hereby

145-10 amended by adding thereto a new section to be designated as section 333.7,

145-11 immediately following section 333.5, to read as follows:

145-12 Sec. 333.7. Section 280 of chapter 489, Statutes of Nevada

145-13 1997, at page 2333, is hereby amended to read as follows:

145-14 Sec. 280. NRS 179A.100 is hereby amended to read as

145-15 follows:

145-16 179A.100 1. The following records of criminal history may

145-17 be disseminated by an agency of criminal justice without any

145-18 restriction pursuant to this chapter:

145-19 (a) Any which reflect records of conviction only; and

145-20 (b) Any which pertain to an incident for which a person is

145-21 currently within the system of criminal justice, including parole

145-22 or probation.

145-23 2. Without any restriction pursuant to this chapter, a record

145-24 of criminal history or the absence of such a record may be:

145-25 (a) Disclosed among agencies which maintain a system for the

145-26 mutual exchange of criminal records.

145-27 (b) Furnished by one agency to another to administer the

145-28 system of criminal justice, including the furnishing of information

145-29 by a police department to a district attorney.

145-30 (c) Reported to the central repository.

145-31 3. An agency of criminal justice shall disseminate to a

145-32 prospective employer, upon request, records of criminal history

145-33 concerning a prospective employee or volunteer which:

145-34 (a) Reflect convictions only; or

145-35 (b) Pertain to an incident for which the prospective employee

145-36 or volunteer is currently within the system of criminal justice,

145-37 including parole or probation.

145-38 4. The central repository shall disseminate to a prospective

145-39 or current employer, upon request, information relating to sexual

145-40 offenses concerning an employee, prospective employee,

145-41 volunteer or prospective volunteer who gives his written consent

145-42 to the release of that information.

146-1 5. Records of criminal history must be disseminated by an

146-2 agency of criminal justice upon request, to the following persons

146-3 or governmental entities:

146-4 (a) The person who is the subject of the record of criminal

146-5 history for the purposes of NRS 179A.150.

146-6 (b) The person who is the subject of the record of criminal

146-7 history or his attorney of record when the subject is a party in a

146-8 judicial, administrative, licensing, disciplinary or other

146-9 proceeding to which the information is relevant.

146-10 (c) The state gaming control board.

146-11 (d) The state board of nursing.

146-12 (e) The private investigator’s licensing board to investigate an

146-13 applicant for a license.

146-14 (f) A public administrator to carry out his duties as prescribed

146-15 in chapter 253 of NRS.

146-16 (g) A public guardian to investigate a ward or proposed ward

146-17 or persons who may have knowledge of assets belonging to a

146-18 ward or proposed ward.

146-19 (h) Any agency of criminal justice of the United States or of

146-20 another state or the District of Columbia.

146-21 (i) Any public utility subject to the jurisdiction of the public

146-22 service commission of Nevada when the information is necessary

146-23 to conduct a security investigation of an employee or prospective

146-24 employee, or to protect the public health, safety or welfare.

146-25 (j) Persons and agencies authorized by statute, ordinance,

146-26 executive order, court rule, court decision or court order as

146-27 construed by appropriate state or local officers or agencies.

146-28 (k) Any person or governmental entity which has entered into

146-29 a contract to provide services to an agency of criminal justice

146-30 relating to the administration of criminal justice, if authorized by

146-31 the contract, and if the contract also specifies that the information

146-32 will be used only for stated purposes and that it will be otherwise

146-33 confidential in accordance with state and federal law and

146-34 regulation.

146-35 (l) Any reporter for the electronic or printed media in his

146-36 professional capacity for communication to the public.

146-37 (m) Prospective employers if the person who is the subject of

146-38 the information has given written consent to the release of that

146-39 information by the agency which maintains it.

146-40 (n) For the express purpose of research, evaluative or

146-41 statistical programs pursuant to an agreement with an agency of

146-42 criminal justice.

147-1 (o) The division of child and family services of the

147-2 department of human resources and any county agency that is

147-3 operated pursuant to NRS 432B.325 or authorized by a court of

147-4 competent jurisdiction to receive and investigate reports of abuse

147-5 or neglect of children and which provides or arranges for

147-6 protective services for such children.

147-7 (p) The welfare division of the department of human

147-8 resources or its designated representative.

147-9 (q) An agency of this or any other state or the Federal

147-10 Government that is conducting activities pursuant to Part D of

147-11 Title IV of the Social Security Act (42 U.S.C. §§ 651 et seq.).

147-12 (r) The state disaster identification team of the division of

147-13 emergency management of the department of motor vehicles and

147-14 public safety during a state of emergency proclaimed pursuant to

147-15 NRS 414.070.

147-16 6. Agencies of criminal justice in this state which receive

147-17 information from sources outside the state concerning

147-18 transactions involving criminal justice which occur outside

147-19 Nevada shall treat the information as confidentially as is required

147-20 by the provisions of this chapter.

147-21 Sec. 57. 1. Sections 4.5, 5, 5.5, 13, 17, 22, 113, 168, 173, 184, 194,

147-22 219, 231, 249, 250, 251, 254, 381, 473, 474, 496, 498, 508, 509, 509.4,

147-23 511 to 515, inclusive, 518 and 519 of chapter 483, Statutes of Nevada

147-24 1997, at pages 2028, 2030, 2034, 2036, 2040, 2073, 2090, 2092, 2097,

147-25 2101, 2109, 2113, 2119, 2120, 2158, 2190, 2191, 2199, 2200, 2203, 2204,

147-26 2206 to 2209, inclusive, 2211 and 2212, are hereby amended to read

147-27 respectively as follows:

147-28 Sec. 4.5. NRS 425.347 is hereby amended to read as follows:

147-29 425.347 1. A governmental entity which issues a license to do

147-30 business in this state shall, upon request of the division, submit to

147-31 the division information regarding the name, address and social

147-32 security number of each natural person who holds such a license

147-33 and any pertinent changes in that information.

147-34 2. A board or commission which issues occupational or

147-35 professional licenses, certificates or permits pursuant to Title 54 of

147-36 NRS shall, upon request of the division, submit to the division

147-37 information regarding the name, address and social security number

147-38 of each person who holds such a license, certificate or permit and

147-39 any pertinent changes in that information.

147-40 3. The division shall periodically provide the information

147-41 obtained pursuant to this section and sections 137, 145, 149, 153

147-42 and 157 of this act to the district attorneys and other public

147-43 agencies in this state collecting support for children.

148-1 Sec. 5. NRS 425.3837 is hereby amended to read as follows:

148-2 425.3837 1. Each district attorney or other public agency

148-3 collecting support for children shall send a notice by first-class mail

148-4 to each person who [is] :

148-5 (a) Has failed to comply with a subpoena or warrant relating

148-6 to a proceeding to determine the paternity of a child or to

148-7 establish or enforce an obligation for the support of a child; or

148-8 (b) Is in arrears in the payment for the support of [a child.] one

148-9 or more children.

148-10 The notice must include [a statement of the amount of the arrearage

148-11 and] the information set forth in subsection 2 [.] and a copy of the

148-12 subpoena or warrant or a statement of the amount of the

148-13 arrearage.

148-14 2. If the person does not [satisfy] , within 30 days after he

148-15 receives the notice required by subsection 1:

148-16 (a) Comply with the subpoena or warrant;

148-17 (b) Satisfy the arrearage pursuant to [subsection 6 or submit]

148-18 section 3.8 of this act; or

148-19 (c) Submit to the district attorney or other public agency a

148-20 written request for a hearing , [within 20 days after he receives the

148-21 notice required by subsection 1,]

148-22 the district attorney or other public agency shall report the name of

148-23 that person to the department of motor vehicles and public safety.

148-24 3. If a person requests a hearing within the period prescribed in

148-25 subsection 2, a hearing must be held pursuant to NRS 425.3832.

148-26 The master shall notify the person of his recommendation at the

148-27 conclusion of the hearing or as soon thereafter as is practicable. If

148-28 the master determines that the person has failed to comply with a

148-29 subpoena or warrant relating to a proceeding to determine the

148-30 paternity of a child or to establish or enforce an obligation for the

148-31 support of a child, he shall include in the notice the information

148-32 set forth in subsection 4. If the master determines that the person

148-33 is in arrears in the payment for the support of [a child,] one or more

148-34 children, he shall include in the notice the information set forth in

148-35 subsection [4.] 5.

148-36 4. If the master determines that a person who requested a

148-37 hearing pursuant to subsection 2 has not complied with a

148-38 subpoena or warrant relating to a proceeding to determine the

148-39 paternity of a child or to establish or enforce an obligation for the

148-40 support of a child and the district court issues an order approving

148-41 the recommendation of the master, the district attorney or other

148-42 public agency shall report the name of that person to the

148-43 department.

149-1 5. If the master determines that a person who requested a

149-2 hearing pursuant to subsection 2 is in arrears in the payment for the

149-3 support of [a child] one or more children, the master shall notify

149-4 the person that if he does not immediately agree to enter into a

149-5 plan for the repayment of the arrearages that is approved by the

149-6 district attorney or other public agency, his driver’s license and

149-7 motorcycle driver’s license may be subject to suspension. If the

149-8 person does not agree to enter into such a plan and the district

149-9 court issues an order approving the recommendation of the master,

149-10 the district attorney or other public agency shall report the name of

149-11 that person to the department.

149-12 [5.] 6. The district attorney or other public agency shall, within

149-13 5 days after the person who has failed to comply with a subpoena

149-14 or warrant or is in arrears in the payment for the support of [a

149-15 child] one or more children complies with the subpoena or

149-16 warrant or satisfies the arrearage pursuant to [subsection 6,] section

149-17 3.8 of this act, notify the department that the person [no longer in

149-18 arrears in the payment for the support of a child.

149-19 6.] has complied with the subpoena or warrant or has satisfied

149-20 the arrearage.

149-21 7. For the purposes of this section [:

149-22 (a) A person is in arrears in the payment for the support of a

149-23 child if:

149-24 (1) He owes more than $1,000 in payments for the support of

149-25 a child which are past due and is delinquent for not less than 2

149-26 months in payments for the support of a child or any payments

149-27 ordered by a court for arrearages in such payments; or

149-28 (2) He has failed to provide medical insurance for a child as

149-29 required by a court order.

149-30 (b) A person who is in arrears in the payment for the support of a

149-31 child may satisfy the arrearage by:

149-32 (1) Paying all of the past due payments;

149-33 (2) If unable to pay all of the past due payments, paying the

149-34 amount of the overdue payments for the preceding 12 months which

149-35 a court has determined are in arrears; or

149-36 (3) If the arrearage is for a failure to provide and maintain

149-37 medical insurance, providing proof that the child is covered under a

149-38 policy, contract or plan of medical insurance.

149-39 (c) A] , a person shall be deemed to have received a notice 3

149-40 days after it is mailed, by first-class mail, postage prepaid, to that

149-41 person at his last known address.

150-1 Sec. 5.5. NRS 425.3837 is hereby amended to read as follows:

150-2 425.3837 1. Each district attorney or other public agency

150-3 collecting support for children shall send a notice by first-class mail

150-4 to each person who [:

150-5 (a) Has failed to comply with a subpoena or warrant relating to a

150-6 proceeding to determine the paternity of a child or to establish or

150-7 enforce an obligation for the support of a child; or

150-8 (b) Is] is in arrears in the payment for the support of one or more

150-9 children. The notice must include the information set forth in

150-10 subsection 2 and [a copy of the subpoena or warrant or] a statement

150-11 of the amount of the arrearage.

150-12 2. If the person does not, within 30 days after he receives the

150-13 notice required by subsection 1:

150-14 (a) [Comply with the subpoena or warrant;

150-15 (b)] Satisfy the arrearage pursuant to [section 3.8 of this act; or

150-16 (c)] subsection 6; or

150-17 (b) Submit to the district attorney or other public agency a

150-18 written request for a hearing,

150-19 the district attorney or other public agency shall report the name of

150-20 that person to the department of motor vehicles and public safety.

150-21 3. If a person requests a hearing within the period prescribed in

150-22 subsection 2, a hearing must be held pursuant to NRS 425.3832.

150-23 The master shall notify the person of his recommendation at the

150-24 conclusion of the hearing or as soon thereafter as is practicable. If

150-25 the master determines that the person [has failed to comply with a

150-26 subpoena or warrant relating to a proceeding to determine the

150-27 paternity of a child or to establish or enforce an obligation for the

150-28 support of a child, he shall include in the notice the information set

150-29 forth in subsection 4. If the master determines that the person] is in

150-30 arrears in the payment for the support of one or more children, he

150-31 shall include in the notice the information set forth in subsection

150-32 [5.] 4.

150-33 4. If the master determines that a person who requested a

150-34 hearing pursuant to subsection 2 [has not complied with a subpoena

150-35 or warrant relating to a proceeding to determine the paternity of a

150-36 child or to establish or enforce an obligation for the support of a

150-37 child and the district court issues an order approving the

150-38 recommendation of the master, the district attorney or other public

150-39 agency shall report the name of that person to the department.

150-40 5. If the master determines that a person who requested a

150-41 hearing pursuant to subsection 2] is in arrears in the payment for the

150-42 support of one or more children, the master shall notify the person

150-43 that if he does not immediately agree to enter into a plan for the

151-1 repayment of the arrearages that is approved by the district attorney

151-2 or other public agency, his driver’s license and motorcycle driver’s

151-3 license may be subject to suspension. If the person does not agree to

151-4 enter into such a plan and the district court issues an order

151-5 approving the recommendation of the master, the district attorney or

151-6 other public agency shall report the name of that person to the

151-7 department.

151-8 [6.] 5. The district attorney or other public agency shall, within

151-9 5 days after the person who [has failed to comply with a subpoena

151-10 or warrant or] is in arrears in the payment for the support of one or

151-11 more children [complies with the subpoena or warrant or] satisfies

151-12 the arrearage pursuant to [section 3.8 of this act,] subsection 6,

151-13 notify the department that the person has [complied with the

151-14 subpoena or warrant or has] satisfied the arrearage.

151-15 [7.] 6. For the purposes of this section [, a] :

151-16 (a) A person is in arrears in the payment for the support of one

151-17 or more children if:

151-18 (1) He:

151-19 (I) Owes a total of more than $1,000 for the support of

151-20 one or more children for which payment is past due; and

151-21 (II) Is delinquent for not less than 2 months in payments

151-22 for the support of one or more children or any payments ordered

151-23 by a court for arrearages in such payments; or

151-24 (2) He has failed to provide medical insurance for a child as

151-25 required by a court order.

151-26 (b) A person who is in arrears in the payment for the support

151-27 of one or more children may satisfy the arrearage by:

151-28 (1) Paying all of the past due payments;

151-29 (2) If he is unable to pay all past due payments:

151-30 (I) Paying the amounts of the overdue payments for the

151-31 preceding 12 months which a court has determined are in

151-32 arrears; or

151-33 (II) Entering into and complying with a plan for the

151-34 repayment of the arrearages which is approved by the district

151-35 attorney or other public agency enforcing the order; or

151-36 (3) If the arrearage is for a failure to provide and maintain

151-37 medical insurance, providing proof that the child is covered under

151-38 a policy, contract or plan of medical insurance.

151-39 (c) A person shall be deemed to have received a notice 3 days

151-40 after it is mailed, by first-class mail, postage prepaid, to that person

151-41 at his last known address.

152-1 Sec. 13. NRS 7.030 is hereby amended to read as follows:

152-2 7.030 1. Each person, before receiving a license to practice

152-3 law, shall:

152-4 [1.] (a) Take, before a person authorized by the laws of this

152-5 state to administer oaths, the oath prescribed by rule of the supreme

152-6 court.

152-7 [2.] (b) Pay to the clerk of the supreme court the sum of $25.

152-8 The clerk of the supreme court shall remit the fees to the state

152-9 treasurer as provided by subsection 7 of NRS 2.250. The money

152-10 [so] received by the state treasurer pursuant to this paragraph must

152-11 be placed in the state general fund.

152-12 [3.] (c) Submit to the State Bar of Nevada a complete set of his

152-13 fingerprints and written permission authorizing the admissions

152-14 director of the State Bar of Nevada to forward the fingerprints to

152-15 the central repository for Nevada records of criminal history for

152-16 submission to the Federal Bureau of Investigation for its report.

152-17 2. An application for a license to practice law must include

152-18 the social security number of the applicant.

152-19 Sec. 17. NRS 90.350 is hereby amended to read as follows:

152-20 90.350 1. An applicant for licensing as a broker-dealer, sales

152-21 representative, investment adviser or representative of an

152-22 investment adviser must file with the administrator an application

152-23 for licensing and a consent to service of process pursuant to NRS

152-24 90.770 and pay the fee required by NRS 90.360. The application

152-25 for licensing must contain the social security number of the

152-26 applicant and any other information the administrator determines

152-27 by regulation to be necessary and appropriate to facilitate the

152-28 administration of this chapter.

152-29 2. The requirements of subsection 1 are satisfied by an

152-30 applicant who has filed and maintains a completed and current

152-31 registration with the Securities and Exchange Commission or a self-

152-32 regulatory organization if the information contained in that

152-33 registration is readily available to the administrator through a

152-34 central depository system approved by him. Such an applicant must

152-35 also file a notice with the administrator in the form and content

152-36 determined by the administrator by regulation and a consent to

152-37 service of process pursuant to NRS 90.770 and the fee required by

152-38 NRS 90.360. The administrator, by order, may require the

152-39 submission of additional information by an applicant.

152-40 Sec. 22. NRS 122.062 is hereby amended to read as follows:

152-41 122.062 1. Any licensed or ordained minister in good

152-42 standing within his denomination, whose denomination, governing

152-43 body and church, or any of them, are incorporated or organized or

153-1 established in this state, may join together as husband and wife

153-2 persons who present a marriage license obtained from any county

153-3 clerk of the state, if the minister first obtains a certificate of

153-4 permission to perform marriages as provided in this section ,

153-5 sections 20 and 21 of this act and NRS 122.064 to 122.073,

153-6 inclusive. The fact that a minister is retired does not disqualify him

153-7 from obtaining a certificate of permission to perform marriages if,

153-8 before his retirement, he had active charge of a congregation within

153-9 this state for a period of at least 3 years.

153-10 2. A temporary replacement for a licensed or ordained minister

153-11 certified pursuant to this section , sections 20 and 21 of this act and

153-12 NRS 122.064 to 122.073, inclusive, may solemnize marriages

153-13 pursuant to subsection 1 during such time as he may be authorized

153-14 to do so by the county clerk in the county in which he is a

153-15 temporary replacement, for a period not to exceed 90 days. The

153-16 minister whom he temporarily replaces shall provide him with a

153-17 written authorization which states the period during which it is

153-18 effective.

153-19 3. Any chaplain who is assigned to duty in this state by the

153-20 Armed Forces of the United States may solemnize marriages if he

153-21 obtains a certificate of permission to perform marriages from the

153-22 county clerk of the county in which his duty station is located. The

153-23 county clerk shall issue such a certificate to a chaplain upon proof

153-24 by him of his military status as a chaplain and of his assignment.

153-25 4. A county clerk may authorize a licensed or ordained minister

153-26 whose congregation is in another state to perform marriages in the

153-27 county if the county clerk satisfies himself that the minister is in

153-28 good standing with his denomination or church. The authorization

153-29 must be in writing and need not be filed with any other public

153-30 officer. A separate authorization is required for each marriage

153-31 performed. Such a minister may perform not more than five

153-32 marriages in this state in any calendar year.

153-33 Sec. 113. NRS 482.363 is hereby amended to read as follows:

153-34 482.363 1. Except as otherwise provided in subsection [6,] 7,

153-35 a person who engages in the leasing of vehicles in this state as a

153-36 long-term or short-term lessor shall:

153-37 (a) Secure a license from the department to conduct the leasing

153-38 business;

153-39 (b) Post a bond;

153-40 (c) Furnish the department with any other information as may be

153-41 required;

153-42 (d) Comply with the terms and conditions of this chapter which

153-43 apply to vehicle dealers; [and]

154-1 (e) If the applicant is a natural person, submit the statement

154-2 required pursuant to section 104 of this act; and

154-3 (f) Pay a license fee of $125.

154-4 2. Except as otherwise provided in subsection [6,] 7, a short-

154-5 term lessor shall, in addition to the license fee specified in

154-6 subsection 1, pay a fee of $125 for each branch to be operated

154-7 pursuant to the license.

154-8 3. Any person employed by a long-term lessor licensed under

154-9 the provisions of subsection 1 who engages in the practice of

154-10 arranging or selling such services, and any person employed by a

154-11 short-term lessor who sells, offers or displays for sale or exchange

154-12 vehicles which are owned by [such] the short-term lessor shall,

154-13 before commencing operations, and annually thereafter:

154-14 (a) Secure from the department a license to act as a salesman of

154-15 such services; and

154-16 (b) Comply with the terms and conditions which apply to

154-17 salesmen of vehicles as specified in NRS 482.362.

154-18 4. An application for the issuance of a license pursuant to

154-19 this section must include the social security number of the

154-20 applicant.

154-21 5. Licenses issued pursuant to subsection 1 expire on December

154-22 31 of each year. Before December 31 of each year, licensees shall

154-23 furnish the department with an application for renewal of the license

154-24 accompanied by an annual renewal fee of $50. Except as otherwise

154-25 provided in subsection [6,] 7, a short-term lessor shall, in addition

154-26 to the annual renewal fee, pay an annual fee of $50 for each branch

154-27 to be operated pursuant to the license. If the applicant is a natural

154-28 person, the application for renewal also must be accompanied by

154-29 the statement required pursuant to section 104 of this act. The

154-30 renewal application must be provided by the department and must

154-31 contain information required by the department.

154-32 [5.] 6. The provisions of NRS 482.352, relating to the denial,

154-33 revocation or suspension of licenses, apply to licenses issued

154-34 pursuant to the provisions of subsection 1. The provisions of NRS

154-35 482.362, relating to the denial, revocation, suspension and transfer

154-36 of vehicle salesmen’s licenses, apply to licenses issued pursuant to

154-37 the provisions of subsection 3.

154-38 [6.] 7. The provisions of subsections 1, 2 and [4] 5 which

154-39 relate to the licensing of lessors of vehicles do not apply to:

154-40 (a) An owner of a vehicle who leases it to a carrier and operates

154-41 the vehicle pursuant to that lease; or

155-1 (b) A new or used vehicle dealer licensed pursuant to the

155-2 provisions of NRS 482.325 who engages in the leasing of vehicles

155-3 in this state as a long-term lessor.

155-4 [7.] 8. As used in this section, "carrier" has the meaning

155-5 ascribed to it in section 3 of Assembly Bill No. 133 of this session.

155-6 Sec. 168. NRS 544.070 is hereby amended to read as follows:

155-7 544.070 As used in NRS 544.070 to 544.240, inclusive, and

155-8 sections 165, 166 and 167 of this act, unless the context requires

155-9 otherwise:

155-10 1. "Director" means the director of the state department of

155-11 conservation and natural resources.

155-12 2. "Operation" means:

155-13 (a) The performance of weather modification and control

155-14 activities pursuant to a single contract entered into for the purpose

155-15 of producing, or attempting to produce, a certain modifying effect

155-16 within one geographical area over one continuing time interval not

155-17 exceeding 1 year; or

155-18 (b) If the performance of weather modification and control

155-19 activities is to be undertaken individually or jointly by a person or

155-20 persons to be benefited and not undertaken pursuant to a contract,

155-21 the performance of weather modification and control activities

155-22 entered into for the purpose of producing, or attempting to produce,

155-23 a certain modifying effect within one geographical area over one

155-24 continuing time interval not exceeding 1 year.

155-25 3. "Research and development" means theoretical analysis,

155-26 exploration and experimentation and the extension of investigative

155-27 findings and theories of a scientific or technical nature into practical

155-28 application for experimental and demonstration purposes, including

155-29 the experimental production and testing of models, devices,

155-30 equipment, materials and processes.

155-31 4. "Weather modification and control" means changing or

155-32 controlling, or attempting to change or control, by artificial methods

155-33 the natural development of any or all atmospheric cloud forms or

155-34 precipitation forms which occur in the troposphere.

155-35 Sec. 173. NRS 555.2605 is hereby amended to read as follows:

155-36 555.2605 As used in NRS 555.2605 to 555.460, inclusive, and

155-37 sections 171 and 172 of this act, unless the context otherwise

155-38 requires, the words and terms defined in NRS 555.261 to 555.2695,

155-39 inclusive, have the meanings ascribed to them in those sections.

155-40 Sec. 184. NRS 581.103 is hereby amended to read as follows:

155-41 581.103 1. Any person who wishes to make any repair or

155-42 adjustment, for hire, to a weighing or measuring device must submit

155-43 to the state sealer of weights and measures:

156-1 (a) An application for a certificate of registration on a form

156-2 provided by the state sealer of weights and measures;

156-3 (b) The statement required pursuant to section 182 of this act;

156-4 (c) The annual fee prescribed by regulation pursuant to NRS

156-5 581.075; and

156-6 [(c)] (d) The equipment the person will use to repair or adjust

156-7 weighing or measuring devices. The state sealer of weights and

156-8 measures shall inspect the equipment to ensure that the equipment

156-9 complies with the standards set forth in the regulations adopted

156-10 pursuant to NRS 581.050.

156-11 2. An application for a certificate of registration must include

156-12 the social security number of the applicant.

156-13 3. The state sealer of weights and measures shall issue to any

156-14 person who complies with the requirements of subsection 1 a

156-15 certificate of registration. The certificate must include a unique

156-16 registration number.

156-17 [3.] 4. A certificate of registration is effective for the calendar

156-18 year in which it is issued, and may be renewed upon application on

156-19 or before January 15 of the succeeding year. Any person who, for

156-20 hire, makes a repair or adjustment to a weighing or measuring

156-21 device without being registered pursuant to this section shall be

156-22 punished as provided in NRS 581.450.

156-23 [4.] 5. Except as otherwise provided in NRS 581.104, any

156-24 person who sells or installs or makes any repair or adjustment to a

156-25 commercially used weighing or measuring device shall within 24

156-26 hours notify the state sealer of weights and measures, on a form

156-27 provided by the state sealer of weights and measures, of that repair,

156-28 adjustment, sale or installation. If a person who has been issued a

156-29 certificate of registration pursuant to subsection [2] 3 fails to notify

156-30 the state sealer of weights and measures as required by this

156-31 subsection, the state sealer of weights and measures may suspend

156-32 the certificate of registration of that person for not more than 10

156-33 days and may, after a hearing, revoke his certificate of registration.

156-34 [5.] 6. The form required pursuant to subsection [4] 5 must

156-35 include:

156-36 (a) The registration number and signature of the person who

156-37 sold, installed, repaired or adjusted the device; and

156-38 (b) A statement requesting that the state sealer of weights and

156-39 measures inspect the weighing or measuring device and seal or

156-40 mark it if it complies with the standards set forth in the regulations

156-41 adopted pursuant to NRS 581.050.

156-42 [6.] 7. Any person required to register pursuant to subsection 1

156-43 who employs any other person to make any repair or adjustment to

157-1 a weighing or measuring device is responsible for the registration of

157-2 that employee in the manner required by subsection 1.

157-3 [7.] 8. The provisions of this section do not apply to a public

157-4 utility subject to the jurisdiction of the public utilities commission

157-5 of Nevada.

157-6 Sec. 194. NRS 587.290 is hereby amended to read as follows:

157-7 587.290 As used in NRS 587.290 to 587.450, inclusive, and

157-8 sections 191, 192 and 193 of this act, unless the context otherwise

157-9 requires, "agricultural products" includes horticultural, viticultural,

157-10 dairy, bee and farm products.

157-11 Sec. 219. NRS 623.220 is hereby amended to read as follows:

157-12 623.220 1. The board shall issue a certificate of registration

157-13 as an architect or a residential designer, upon payment of a

157-14 registration fee pursuant to NRS 623.310, to any applicant who

157-15 complies with the provisions of NRS 623.190 and section 214 of

157-16 this act and passes the examinations, or in lieu thereof brings

157-17 himself within the provisions of NRS 623.210.

157-18 2. The board shall issue a certificate of registration to practice

157-19 as a registered interior designer upon payment of a registration fee

157-20 pursuant to NRS 623.310 to any applicant who complies with the

157-21 provisions of NRS 623.192 and 623.200 [.] and section 214 of this

157-22 act.

157-23 3. Certificates of registration must [show] include the full name

157-24 of the registrant, have a serial number and be signed by the

157-25 chairman and the secretary of the board under seal of the board. The

157-26 issuance of a certificate of registration by the board is evidence that

157-27 the person named therein is entitled to all the rights and privileges

157-28 of an architect, registered interior designer or residential designer

157-29 while the certificate remains unsuspended, unrevoked and

157-30 unexpired.

157-31 Sec. 231. NRS 624.283 is hereby amended to read as follows:

157-32 624.283 1. Each license issued under the provisions of this

157-33 chapter expires 1 year after the date on which it is issued, except

157-34 that the board may by regulation prescribe shorter or longer periods

157-35 and prorated fees to establish a system of staggered renewals. Any

157-36 license which is not renewed on or before the date for renewal is

157-37 automatically suspended.

157-38 2. A license may be renewed by [filing with] submitting to the

157-39 board [an] :

157-40 (a) An application for renewal [and payment of the] ;

157-41 (b) The statement required pursuant to section 228 of this act

157-42 if the holder of the license is a natural person; and

157-43 (c) The fee for renewal fixed by the board.

158-1 3. The board may require the licensee to submit at any time a

158-2 financial statement that is prepared by a certified public accountant,

158-3 if the board believes that:

158-4 (a) The licensee did not pay an undisputed debt;

158-5 (b) The licensee has violated or may be violating a provision of

158-6 chapter 624 of NRS or a regulation adopted pursuant thereto; or

158-7 (c) The licensee’s financial responsibility may be impaired.

158-8 4. If a license is automatically suspended pursuant to subsection

158-9 1, the licensee may have his license reinstated upon filing an

158-10 application for renewal within 6 months after the date of suspension

158-11 and paying, in addition to the fee for renewal, a fee for

158-12 reinstatement fixed by the board, if he is otherwise in good standing

158-13 and there are no complaints pending against him. If he is otherwise

158-14 not in good standing or there is a complaint pending, the board shall

158-15 require him to provide a current financial statement prepared by a

158-16 certified public accountant or establish other conditions for

158-17 reinstatement. If the licensee is a natural person, his application

158-18 for renewal must be accompanied by the statement required

158-19 pursuant to section 228 of this act. A license which is not

158-20 reinstated within 6 months after it is automatically suspended may

158-21 be canceled by the board, and a new license may be issued only

158-22 upon application for an original contractor’s license.

158-23 Sec. 249. 1. An applicant for the issuance or renewal of a

158-24 license to practice medicine or to practice as a physician’s

158-25 assistant shall submit to the board the statement prescribed by the

158-26 welfare division of the department of human resources pursuant

158-27 to section 3 of this act. The statement must be completed and

158-28 signed by the applicant.

158-29 2. The board shall include the statement required pursuant to

158-30 subsection 1 in:

158-31 (a) The application or any other forms that must be submitted

158-32 for the issuance or renewal of the license; or

158-33 (b) A separate form prescribed by the board.

158-34 3. A license to practice medicine or to practice as a

158-35 physician’s assistant may not be issued or renewed by the board if

158-36 the applicant:

158-37 (a) Fails to submit the statement required pursuant to

158-38 subsection 1; or

158-39 (b) Indicates on the statement submitted pursuant to

158-40 subsection 1 that he is subject to a court order for the support of a

158-41 child and is not in compliance with the order or a plan approved

158-42 by the district attorney or other public agency enforcing the order

158-43 for the repayment of the amount owed pursuant to the order.

159-1 4. If an applicant indicates on the statement submitted

159-2 pursuant to subsection 1 that he is subject to a court order for the

159-3 support of a child and is not in compliance with the order or a

159-4 plan approved by the district attorney or other public agency

159-5 enforcing the order for the repayment of the amount owed

159-6 pursuant to the order, the board shall advise the applicant to

159-7 contact the district attorney or other public agency enforcing the

159-8 order to determine the actions that the applicant may take to

159-9 satisfy the arrearage.

159-10 Sec. 250. 1. If the board receives a copy of a court order

159-11 issued pursuant to section 3.4 of this act that provides for the

159-12 suspension of all professional, occupational and recreational

159-13 licenses, certificates and permits issued to a person who is the

159-14 holder of a license to practice medicine or to practice as a

159-15 physician’s assistant, the board shall deem the license issued to

159-16 that person to be suspended at the end of the 30th day after the

159-17 date on which the court order was issued unless the board

159-18 receives a letter issued to the holder of the license by the district

159-19 attorney or other public agency pursuant to section 3.6 of this act

159-20 stating that the holder of the license has complied with the

159-21 subpoena or warrant or has satisfied the arrearage pursuant to

159-22 section 3.8 of this act.

159-23 2. The board shall reinstate a license to practice medicine or

159-24 to practice as a physician’s assistant that has been suspended by a

159-25 district court pursuant to section 3.4 of this act if the board

159-26 receives a letter issued by the district attorney or other public

159-27 agency pursuant to section 3.6 of this act to the person whose

159-28 license was suspended stating that the person whose license was

159-29 suspended has complied with the subpoena or warrant or has

159-30 satisfied the arrearage pursuant to section 3.8 of this act.

159-31 Sec. 251. NRS 630.165 is hereby amended to read as follows:

159-32 630.165 1. An applicant for a license to practice medicine

159-33 must submit to the board, on a form provided by the board, an

159-34 application in writing, accompanied by an affidavit stating that:

159-35 (a) The applicant is the person named in the proof of graduation

159-36 and that it was obtained without fraud or misrepresentation or any

159-37 mistake of which the applicant is aware; and

159-38 (b) The information contained in the application and any

159-39 accompanying material [are] is complete and correct.

159-40 2. An application submitted pursuant to subsection 1 must

159-41 include the social security number of the applicant.

160-1 3. In addition to the other requirements for licensure, the board

160-2 may require such further evidence of the mental, physical, medical

160-3 or other qualifications of the applicant as it considers necessary.

160-4 [3.] 4. The applicant bears the burden of proving and

160-5 documenting his qualifications for licensure.

160-6 Sec. 254. NRS 630.273 is hereby amended to read as follows:

160-7 630.273 The board may issue a license to an applicant who is

160-8 qualified under the regulations of the board to perform medical

160-9 services under the supervision of a supervising physician. The

160-10 application for a license as a physician’s assistant must include the

160-11 social security number of the applicant and be cosigned by the

160-12 supervising physician.

160-13 Sec. 381. NRS 642.090 is hereby amended to read as follows:

160-14 642.090 1. Every person who wishes to practice the

160-15 profession of embalming [shall] must appear before the board and,

160-16 upon payment of a fee not to exceed $300 to cover expenses of

160-17 examination, must be examined in the knowledge of the subjects set

160-18 forth in subsection 2. Examinations must be in writing , and the

160-19 board may require actual demonstration on a cadaver. If an

160-20 applicant has previously taken and passed the national examination

160-21 given by the Conference of Funeral Service Examining Boards of

160-22 the United States, the applicant need not retake that examination for

160-23 purposes of licensing in the State of Nevada. All examination

160-24 papers must be kept on record by the board.

160-25 2. The members of the board shall examine applicants for

160-26 licenses in the following subjects:

160-27 (a) Anatomy, sanitary science and signs of death.

160-28 (b) Care, disinfection, preservation, transportation of and burial

160-29 or other final disposition of dead bodies.

160-30 (c) The manner in which death may be determined.

160-31 (d) The prevention of the spread of infectious and contagious

160-32 diseases.

160-33 (e) Chemistry, including toxicology.

160-34 (f) Restorative art, including plastic surgery and derma surgery.

160-35 (g) Regulations of the state board of health relating to infectious

160-36 diseases and quarantine.

160-37 (h) Any other subject which the board may determine by

160-38 regulation to be necessary or proper to prove the efficiency and

160-39 qualification of the applicant.

160-40 3. If an applicant fulfills the requirements of NRS 642.080 and

160-41 section 378 of this act and has passed the examination provided for

160-42 by this chapter, the board shall issue to the applicant a license to

160-43 practice the profession of embalming for 1 year.

161-1 Sec. 473. 1. A natural person who applies for the issuance

161-2 or renewal of a license shall submit to the commissioner the

161-3 statement prescribed by the welfare division of the department of

161-4 human resources pursuant to section 3 of this act. The statement

161-5 must be completed and signed by the applicant.

161-6 2. The commissioner shall include the statement required

161-7 pursuant to subsection 1 in:

161-8 (a) The application or any other forms that must be submitted

161-9 for the issuance or renewal of the license; or

161-10 (b) A separate form prescribed by the commissioner.

161-11 3. A license may not be issued or renewed by the

161-12 commissioner if the applicant is a natural person who:

161-13 (a) Fails to submit the statement required pursuant to

161-14 subsection 1; or

161-15 (b) Indicates on the statement submitted pursuant to

161-16 subsection 1 that he is subject to a court order for the support of a

161-17 child and is not in compliance with the order or a plan approved

161-18 by the district attorney or other public agency enforcing the order

161-19 for the repayment of the amount owed pursuant to the order.

161-20 4. If an applicant indicates on the statement submitted

161-21 pursuant to subsection 1 that he is subject to a court order for the

161-22 support of a child and is not in compliance with the order or a

161-23 plan approved by the district attorney or other public agency

161-24 enforcing the order for the repayment of the amount owed

161-25 pursuant to the order, the commissioner shall advise the applicant

161-26 to contact the district attorney or other public agency enforcing

161-27 the order to determine the actions that the applicant may take to

161-28 satisfy the arrearage.

161-29 5. As used in this section, "license" means:

161-30 (a) A license as an adjuster;

161-31 (b) A license as an associate adjuster; and

161-32 (c) A limited license issued pursuant to section 18.5 of chapter

161-33 603, Statutes of Nevada 1997, at page 3027.

161-34 Sec. 474. 1. If the commissioner receives a copy of a court

161-35 order issued pursuant to section 3.4 of this act that provides for

161-36 the suspension of all professional, occupational and recreational

161-37 licenses, certificates and permits issued to a person who is the

161-38 holder of a license, the commissioner shall deem the license

161-39 issued to that person to be suspended at the end of the 30th day

161-40 after the date on which the court order was issued unless the

161-41 commissioner receives a letter issued to the holder of the license

161-42 by the district attorney or other public agency pursuant to section

161-43 3.6 of this act stating that the holder of the license has complied

162-1 with the subpoena or warrant or has satisfied the arrearage

162-2 pursuant to section 3.8 of this act.

162-3 2. The commissioner shall reinstate a license that has been

162-4 suspended by a district court pursuant to section 3.4 of this act if

162-5 the commissioner receives a letter issued by the district attorney or

162-6 other public agency pursuant to section 3.6 of this act to the

162-7 person whose license was suspended stating that the person whose

162-8 license was suspended has complied with the subpoena or warrant

162-9 or has satisfied the arrearage pursuant to section 3.8 of this act.

162-10 3. As used in this section, "license" means:

162-11 (a) A license as an adjuster;

162-12 (b) A license as an associate adjuster; and

162-13 (c) A limited license issued pursuant to section 18.5 of chapter

162-14 603, Statutes of Nevada 1997, at page 3027.

162-15 Sec. 496. NRS 689.235 is hereby amended to read as follows:

162-16 689.235 1. To qualify for an agent’s license, the applicant:

162-17 (a) Must file a written application with the commissioner on

162-18 forms prescribed by the commissioner;

162-19 (b) Must have a good business and personal reputation; and

162-20 (c) Must not have been convicted of, or entered a plea of guilty

162-21 or nolo contendere to, forgery, embezzlement, obtaining money

162-22 under false pretenses, larceny, extortion, conspiracy to defraud or

162-23 any crime involving moral turpitude.

162-24 2. The application must:

162-25 (a) Contain information concerning the applicant’s identity,

162-26 address, social security number and personal background and

162-27 business, professional or work history.

162-28 (b) Contain such other pertinent information as the

162-29 commissioner may require.

162-30 (c) Be accompanied by a complete set of [his] the fingerprints of

162-31 the applicant and written permission authorizing the commissioner

162-32 to forward those fingerprints to the Federal Bureau of Investigation

162-33 for its report.

162-34 (d) Be accompanied by a fee representing the amount charged by

162-35 the Federal Bureau of Investigation for processing the fingerprints

162-36 of the applicant.

162-37 (e) Be accompanied by the statement required pursuant to

162-38 section 494 of this act.

162-39 (f) Be accompanied by the applicable fee established in NRS

162-40 680B.010, which is not refundable.

162-41 3. A conviction of, or plea of guilty or nolo contendere by, an

162-42 applicant or licensee for any crime listed in paragraph (c) of

162-43 subsection 1 is a sufficient ground for the commissioner to deny a

163-1 license to the applicant, or to suspend or revoke the agent’s license

163-2 pursuant to NRS 689.265.

163-3 Sec. 498. NRS 689.520 is hereby amended to read as follows:

163-4 689.520 1. To qualify for an agent’s license, the applicant:

163-5 (a) Must file a written application with the commissioner on

163-6 forms prescribed by the commissioner; and

163-7 (b) Must not have been convicted of, or entered a plea of guilty

163-8 or nolo contendere to, forgery, embezzlement, obtaining money

163-9 under false pretenses, larceny, extortion, conspiracy to defraud or

163-10 any crime involving moral turpitude.

163-11 2. The application must:

163-12 (a) Contain information concerning the applicant’s identity,

163-13 address, social security number, personal background and business,

163-14 professional or work history.

163-15 (b) Contain such other pertinent information as the

163-16 commissioner may require.

163-17 (c) Be accompanied by a complete set of fingerprints and written

163-18 permission authorizing the commissioner to forward those

163-19 fingerprints to the Federal Bureau of Investigation for its report.

163-20 (d) Be accompanied by a fee representing the amount charged by

163-21 the Federal Bureau of Investigation for processing the fingerprints

163-22 of the applicant.

163-23 (e) Be accompanied by the statement required pursuant to

163-24 section 494 of this act.

163-25 (f) Be accompanied by the applicable fee established in NRS

163-26 680B.010, which is not refundable.

163-27 3. A conviction of, or plea of guilty or nolo contendere by, an

163-28 applicant or licensee for any crime listed in paragraph (b) of

163-29 subsection 1 is a sufficient ground for the commissioner to deny a

163-30 license to the applicant, or to suspend or revoke the agent’s license

163-31 pursuant to NRS 689.535.

163-32 Sec. 508. NRS 692B.070 is hereby amended to read as

163-33 follows:

163-34 692B.070 1. A written application for any permit required

163-35 under NRS 692B.040 must be filed with the commissioner. The

163-36 application must include or be accompanied by:

163-37 (a) The name, type and purposes of the insurer, corporation,

163-38 syndicate, association, firm or organization formed or proposed to

163-39 be formed or financed;

163-40 (b) The name, residence address, business background and

163-41 experience for the preceding 10 years and qualifications of each

163-42 person associated or to be associated as incorporator, director,

163-43 promoter, manager or in other similar capacity in the enterprise, or

164-1 in the formation of the proposed insurer, corporation, syndicate,

164-2 association, firm or organization, or in the proposed financing,

164-3 together with the fingerprints of each individual so associated or to

164-4 be associated, on forms furnished by the commissioner;

164-5 (c) A full disclosure of the terms of all pertinent understandings

164-6 and agreements existing or proposed among any persons or entities

164-7 so associated or to be associated, and a copy of each such

164-8 agreement;

164-9 (d) Executed quadruplicate originals of the articles of

164-10 incorporation of a proposed domestic stock or mutual insurer;

164-11 (e) The original and one copy of the proposed bylaws of a

164-12 proposed domestic stock or mutual insurer;

164-13 (f) The plan according to which solicitations are to be made and

164-14 a reasonably detailed estimate of all organization and sales expenses

164-15 to be incurred in the proposed organization and offering;

164-16 (g) A copy of any security, receipt or certificate proposed to be

164-17 offered, and a copy of any proposed subscription agreement or

164-18 application therefor;

164-19 (h) A copy of any prospectus, offering circular, advertising or

164-20 sales literature or material proposed to be used;

164-21 (i) A copy of the proposed form of any escrow agreement

164-22 required;

164-23 (j) A copy of:

164-24 (1) The articles of incorporation of any corporation, other than

164-25 a proposed domestic insurer, proposing to offer its securities,

164-26 certified by the public officer having custody of the original thereof;

164-27 (2) Any syndicate, association, firm, organization or other

164-28 similar agreement, by whatever name called, if funds for any of the

164-29 purposes referred to in subsection 1 of NRS 692B.040 are to be

164-30 secured through the sale of any security, interest or right in or

164-31 relative to such syndicate, association, firm or organization; and

164-32 (3) If the insurer is, or is to be, a reciprocal insurer, the power

164-33 of attorney and of other agreements existing or proposed affecting

164-34 subscribers, investors, the attorney in fact or the insurer; [and]

164-35 (k) If the applicant is a natural person, the statement required

164-36 pursuant to section 506 of this act; and

164-37 (l) Such additional pertinent information as the commissioner

164-38 may reasonably require.

164-39 2. The application must be accompanied by a deposit of the

164-40 fees required under NRS 680B.010 for the filing of the application

164-41 and for issuance of the permit, if granted.

164-42 3. If the applicant is a natural person, the application must

164-43 include the social security number of the applicant.

165-1 4. In lieu of a special filing thereof of information required by

165-2 subsection 1, the commissioner may accept a copy of any pertinent

165-3 filing made with the Securities and Exchange Commission relative

165-4 to the same offering.

165-5 Sec. 509. NRS 692B.190 is hereby amended to read as

165-6 follows:

165-7 692B.190 1. No person may in this state solicit subscription

165-8 to or purchase of any security covered by a solicitation permit

165-9 issued under this chapter, unless then licensed therefor by the

165-10 commissioner.

165-11 2. Such a license may be issued only to natural persons, and the

165-12 commissioner shall not license any person found by him to be:

165-13 (a) Dishonest or untrustworthy;

165-14 (b) Financially irresponsible;

165-15 (c) Of unfavorable personal or business history or reputation; or

165-16 (d) For any other cause, reasonably unsuited for fulfillment of

165-17 the responsibilities of such a licensee.

165-18 3. The applicant for such a license must file his written

165-19 application therefor with the commissioner, on forms and

165-20 containing inquiries as designated and required by the

165-21 commissioner. The application must include the social security

165-22 number of the applicant and be endorsed by the holder of the

165-23 permit under which the securities are proposed to be sold. The

165-24 application must be accompanied by the fingerprints of the

165-25 applicant on forms furnished by the commissioner, and by the

165-26 application fee specified in NRS 680B.010. The commissioner shall

165-27 promptly cause an investigation to be made of the identity and

165-28 qualifications of the applicant.

165-29 4. The license, if issued, must be for the period of the permit,

165-30 and must automatically be extended if the permit is extended.

165-31 5. The commissioner shall revoke the license if at any time

165-32 after issuance he has found that the license was obtained through

165-33 misrepresentation or concealment of facts, or that the licensee is no

165-34 longer qualified therefor, or that the licensee has misrepresented the

165-35 securities offered, or has otherwise conducted himself in or with

165-36 respect to transactions under the license in a manner injurious to the

165-37 permit holder or to subscribers or prospects or the public.

165-38 6. This section does not apply to securities broker-dealers

165-39 registered as such under the Securities Exchange Act of 1934, or

165-40 with respect to securities the sale of which is underwritten, other

165-41 than on a best efforts basis, by such a broker-dealer.

165-42 7. With respect to solicitation of subscriptions to or purchase of

165-43 securities covered by a solicitation permit issued by the

166-1 commissioner, the license required by this section is in lieu of a

166-2 license or permit otherwise required of the solicitor under any other

166-3 law of this state.

166-4 Sec. 509.4. NRS 696A.260 is hereby amended to read as

166-5 follows:

166-6 696A.260 1. An application for a license as a club agent must

166-7 be submitted to the commissioner upon forms prescribed and

166-8 furnished by him. If the applicant is a natural person, the

166-9 application must include the social security number of the

166-10 applicant. As a part of, or in connection with, any application, the

166-11 applicant shall furnish information concerning his identity, personal

166-12 history, experience, business record and other pertinent facts which

166-13 the commissioner may reasonably require.

166-14 2. If the applicant is a firm, partnership or corporation, the

166-15 application, in addition to the requirements of subsection 1, shall:

166-16 (a) Contain the names of all members and officers of the firm,

166-17 partnership or corporation; and

166-18 (b) Designate who is to exercise the powers to be conferred by

166-19 the license on the firm, partnership or corporation.

166-20 3. The commissioner shall require each natural person of a

166-21 firm, partnership or corporation to furnish information to him as

166-22 though applying for an individual license.

166-23 4. Any person willfully misrepresenting any fact required to be

166-24 disclosed in any application is subject to the penalties provided in

166-25 NRS 696A.350.

166-26 Sec. 511. 1. A natural person who applies for the issuance

166-27 or renewal of a bail agent’s, general agent’s, bail enforcement

166-28 agent’s or bail solicitor’s license shall submit to the commissioner

166-29 the statement prescribed by the welfare division of the department

166-30 of human resources pursuant to section 3 of this act. The

166-31 statement must be completed and signed by the applicant.

166-32 2. The commissioner shall include the statement required

166-33 pursuant to subsection 1 in:

166-34 (a) The application or any other forms that must be submitted

166-35 for the issuance or renewal of the license; or

166-36 (b) A separate form prescribed by the commissioner.

166-37 3. A bail agent’s, general agent’s, bail enforcement agent’s or

166-38 bail solicitor’s license may not be issued or renewed by the

166-39 commissioner if the applicant is a natural person who:

166-40 (a) Fails to submit the statement required pursuant to

166-41 subsection 1; or

166-42 (b) Indicates on the statement submitted pursuant to

166-43 subsection 1 that he is subject to a court order for the support of a

167-1 child and is not in compliance with the order or a plan approved

167-2 by the district attorney or other public agency enforcing the order

167-3 for the repayment of the amount owed pursuant to the order.

167-4 4. If an applicant indicates on the statement submitted

167-5 pursuant to subsection 1 that he is subject to a court order for the

167-6 support of a child and is not in compliance with the order or a

167-7 plan approved by the district attorney or other public agency

167-8 enforcing the order for the repayment of the amount owed

167-9 pursuant to the order, the commissioner shall advise the applicant

167-10 to contact the district attorney or other public agency enforcing

167-11 the order to determine the actions that the applicant may take to

167-12 satisfy the arrearage.

167-13 Sec. 512. 1. If the commissioner receives a copy of a court

167-14 order issued pursuant to section 3.4 of this act that provides for

167-15 the suspension of all professional, occupational and recreational

167-16 licenses, certificates and permits issued to a person who is the

167-17 holder of a bail agent’s, general agent’s, bail enforcement agent’s

167-18 or bail solicitor’s license, the commissioner shall deem the license

167-19 issued to that person to be suspended at the end of the 30th day

167-20 after the date on which the court order was issued unless the

167-21 commissioner receives a letter issued to the holder of the license

167-22 by the district attorney or other public agency pursuant to section

167-23 3.6 of this act stating that the holder of the license has complied

167-24 with the subpoena or warrant or has satisfied the arrearage

167-25 pursuant to section 3.8 of this act.

167-26 2. The commissioner shall reinstate a bail agent’s, general

167-27 agent’s, bail enforcement agent’s or bail solicitor’s license that

167-28 has been suspended by a district court pursuant to section 3.4 of

167-29 this act if the commissioner receives a letter issued by the district

167-30 attorney or other public agency pursuant to section 3.6 of this act

167-31 to the person whose license was suspended stating that the person

167-32 whose license was suspended has complied with the subpoena or

167-33 warrant or has satisfied the arrearage pursuant to section 3.8 of

167-34 this act.

167-35 Sec. 513. NRS 697.180 is hereby amended to read as follows:

167-36 697.180 1. A written application for a license as a bail agent,

167-37 general agent, bail enforcement agent or bail solicitor must be filed

167-38 with the commissioner by the applicant, accompanied by the

167-39 applicable fees. The application form must include the social

167-40 security number of the applicant and be accompanied by the

167-41 applicant’s fingerprints, and must require full answers to questions

167-42 reasonably necessary to determine the applicant’s:

167-43 (a) Identity and residence.

168-1 (b) Business record or occupations for not less than the 2 years

168-2 immediately preceding the date of the application, with the name

168-3 and address of each employer, if any.

168-4 (c) Prior criminal history, if any.

168-5 2. The commissioner may require the submission of such other

168-6 information as may be required to determine the applicant’s

168-7 qualifications for the license for which he applied.

168-8 3. The applicant must verify his application. An applicant for a

168-9 license under this chapter shall not knowingly misrepresent or

168-10 withhold any fact or information called for in the application form

168-11 or in connection therewith.

168-12 Sec. 514. NRS 697.230 is hereby amended to read as follows:

168-13 697.230 1. Except as otherwise provided in section 9 of [this

168-14 act,] Senate Bill No. 194 of this session, each license issued to a

168-15 general agent, bail agent, bail enforcement agent or bail solicitor

168-16 under this chapter continues in force for 3 years unless it is

168-17 suspended, revoked or otherwise terminated. A license may be

168-18 renewed upon payment of the applicable fee for renewal to the

168-19 commissioner on or before the last day of the month in which the

168-20 license is renewable. The fee must be accompanied by:

168-21 (a) Proof that the licensee has completed a 3-hour program of

168-22 continuing education that is:

168-23 (1) Offered by the authorized surety insurer from whom he

168-24 received his written appointment, if any, a state or national

168-25 organization of bail agents or another organization that administers

168-26 training programs for general agents, bail agents, bail enforcement

168-27 agents or bail solicitors; and

168-28 (2) Approved by the commissioner; [and]

168-29 (b) If the licensee is a natural person, the statement required

168-30 pursuant to section 511 of this act; and

168-31 (c) A written request for renewal of the license. The request must

168-32 be made and signed:

168-33 (1) By the licensee in the case of the renewal of a license as a

168-34 general agent, bail enforcement agent or bail agent.

168-35 (2) By the bail solicitor and the bail agent who employs the

168-36 solicitor in the case of the renewal of a license as a bail solicitor.

168-37 2. Any license that is not renewed on or before the last day

168-38 specified for its renewal expires at midnight on that day. The

168-39 commissioner may accept a request for renewal received by him

168-40 within 30 days after the date of expiration if the request is

168-41 accompanied by a fee for renewal of 150 percent of the fee

168-42 otherwise required [.] and, if the person requesting renewal is a

169-1 natural person, the statement required pursuant to section 511 of

169-2 this act.

169-3 3. A bail agent’s license continues in force while there is in

169-4 effect an appointment of him as a bail agent of one or more

169-5 authorized insurers. Upon termination of all the bail agent’s

169-6 appointments and his failure to replace any appointment within 30

169-7 days thereafter, his license expires and he shall promptly deliver his

169-8 license to the commissioner.

169-9 4. The commissioner shall terminate the license of a general

169-10 agent for a particular insurer upon a written request by the insurer.

169-11 5. This section does not apply to temporary licenses issued

169-12 under section 9 of [this act] Senate Bill No. 194 of this session or

169-13 NRS 683A.300.

169-14 Sec. 515. Section 36 of chapter 512, Statutes of Nevada 1995,

169-15 at page 1705, is hereby amended to read as follows:

169-16 Sec. 36. Section 9 of this act is hereby amended to read as

169-17 follows:

169-18 Sec. 9. 1. An applicant for a certificate of registration to

169-19 practice as a registered interior designer must be of good moral

169-20 character and submit to the board:

169-21 (a) An application on a form provided by the board;

169-22 (b) The fees required pursuant to NRS 623.310;

169-23 (c) The statement required pursuant to section 214 of [this

169-24 act;] chapter 483, Statutes of Nevada 1997;

169-25 (d) Proof which is satisfactory to the board that he has

169-26 completed:

169-27 (1) At least 5 years of education in a program of interior

169-28 design or an equivalent number of credits and at least 1 year of

169-29 experience in interior design; or

169-30 (2) At least 4 years of education in a program of interior

169-31 design or an equivalent number of credits and at least 2 years

169-32 of experience in interior design;

169-33 [(3) At least 3 years of education in a program of interior

169-34 design or an equivalent number of credits and at least 3 years

169-35 of experience in interior design;

169-36 (4) At least 2 years of education in a program of interior

169-37 design or an equivalent number of credits and at least 4 years

169-38 of experience in interior design; or

169-39 (5) At least 6 consecutive years of experience in the

169-40 practice of interior design;] and

169-41 (e) A certificate issued by the National Council for Interior

169-42 Design Qualification as proof that he has passed the

169-43 examination prepared and administered by that organization.

170-1 2. Each program of interior design must be accredited by

170-2 the Foundation for Interior Design Education Research or

170-3 approved by the board.

170-4 3. The board shall, by regulation, adopt the standards of

170-5 the National Council for Interior Design Qualification for the

170-6 experience and equivalent credits required pursuant to

170-7 subsection 1 as those standards exist on the date of the

170-8 adoption of the regulation.

170-9 4. Any application submitted to the board may be denied

170-10 for any violation of the provisions of this chapter.

170-11 Sec. 518. The amendatory provisions of sections 1 to [4,

170-12 inclusive, and] 4.5, inclusive, 6 to [516,] 16, inclusive, 17 to 21,

170-13 inclusive, 22 to 167, inclusive, 168 to 172, inclusive, 173 to 193,

170-14 inclusive, 194 to 507, inclusive, 508, 509 to 509.3, inclusive, and

170-15 509.4 to 516.1, inclusive, of this act expire by limitation on the date

170-16 on which the provisions of 42 U.S.C. § 666 requiring each state to

170-17 establish procedures under which the state has authority to withhold

170-18 or suspend, or to restrict the use of professional, occupational and

170-19 recreational licenses of persons who:

170-20 1. Have failed to comply with a subpoena or warrant relating to

170-21 a proceeding to determine the paternity of a child or to establish or

170-22 enforce an obligation for the support of a child; or

170-23 2. Are in arrears in the payment for the support of one or more

170-24 children,

170-25 are repealed by the Congress of the United States.

170-26 Sec. 519. 1. This section and sections 16.5, 21.5, 167.5,

170-27 172.5, 193.5, 507.5, 508.5 and 509.35 of this act become effective

170-28 on September 30, 1997.

170-29 2. Sections 1 to [5,] 4, inclusive, 5, 6 to 16, inclusive, 17 to 21,

170-30 inclusive, 22 to 109, inclusive, 111, 112, 114 to 118, inclusive, 121

170-31 to 131, inclusive, 133, 136 to 167, inclusive, 168 to 172, inclusive,

170-32 173 to 183, inclusive, 184.2 to 193, inclusive, 194 to 216,

170-33 inclusive, 218, 221 to [235,] 230, inclusive, 233, 234, 235, 238 to

170-34 250, inclusive, 255 to 275, inclusive, 278 to 290, inclusive, 292 to

170-35 405, inclusive, 407 to [514, inclusive,] 495, inclusive, 497, 499 to

170-36 507, inclusive, 508, 509 to 509.3, inclusive, 509.4 to 512,

170-37 inclusive, 516, 517 and 518 of this act become effective on October

170-38 1, 1997.

170-39 [2.] 3. Sections 4.5, 110, [113,] 119, 120, 184, 217, 219, 220,

170-40 231, 236, 237, 251, 254, 276, 291, 406 [and] , 496, 498, 513, 514,

170-41 515 and 516.1 of this act become effective at 12:01 a.m. on

170-42 October 1, 1997.

171-1 [3.] 4. Sections 113, 132, 134 and 135 of this act become

171-2 effective at 12:02 a.m. on October 1, 1997.

171-3 [4.] 5. Section 5.5 of this act becomes effective on the date on

171-4 which the provisions of 42 U.S.C. § 666 requiring each state to

171-5 establish procedures under which the state has authority to withhold

171-6 or suspend, or to restrict the use of professional, occupational and

171-7 recreational licenses of persons who:

171-8 (a) Have failed to comply with a subpoena or warrant relating to

171-9 a proceeding to determine the paternity of a child or to establish or

171-10 enforce an obligation for the support of a child; or

171-11 (b) Are in arrears in the payment for the support of one or more

171-12 children,

171-13 are repealed by the Congress of the United States.

171-14 2. Chapter 483, Statutes of Nevada 1997, at page 2036, is hereby

171-15 amended by adding thereto a new section to be designated as section 16.5,

171-16 immediately following section 16, to read as follows:

171-17 Sec. 16.5. NRS 90.350 is hereby amended to read as follows:

171-18 90.350 1. An applicant for licensing as a broker-dealer, sales

171-19 representative, investment adviser or representative of an

171-20 investment adviser [shall] must file with the administrator an

171-21 application for licensing and a consent to service of process

171-22 pursuant to NRS 90.770 and pay the fee required by NRS 90.360.

171-23 The application for licensing must contain the information the

171-24 administrator determines by regulation to be necessary and

171-25 appropriate to facilitate the administration of this chapter.

171-26 2. The requirements of subsection 1 are satisfied by an

171-27 applicant who has filed and maintains a completed and current

171-28 registration with the Securities and Exchange Commission or a self-

171-29 regulatory organization if the information contained in that

171-30 registration is readily available to the administrator through a

171-31 central depository system approved by him. Such an applicant must

171-32 also file a notice with the administrator in the form and content

171-33 determined by the administrator by regulation and a consent to

171-34 service of process pursuant to NRS 90.770 and the fee required by

171-35 NRS 90.360. The administrator, by order, may require the

171-36 submission of additional information by an applicant.

171-37 3. Chapter 483, Statutes of Nevada 1997, at page 2040, is hereby

171-38 amended by adding thereto a new section to be designated as section 21.5,

171-39 immediately following section 21, to read as follows:

171-40 Sec. 21.5. NRS 122.062 is hereby amended to read as follows:

171-41 122.062 1. Any licensed or ordained minister in good

171-42 standing within his denomination, whose denomination, governing

171-43 body and church, or any of them, are incorporated or organized or

172-1 established in [the State of Nevada,] this state, may join together as

172-2 husband and wife persons who present a marriage license obtained

172-3 from any county clerk of the state, if [such] the minister first obtains

172-4 a certificate of permission to perform marriages as provided in this

172-5 section and NRS 122.064 to 122.073, inclusive. The fact that a

172-6 minister is retired does not disqualify him from obtaining a

172-7 certificate of permission to perform marriages if, before his

172-8 retirement, he had active charge of a congregation within this state

172-9 for a period of at least 3 years.

172-10 2. A temporary replacement for a licensed or ordained minister

172-11 certified pursuant to this section and NRS 122.064 to 122.073,

172-12 inclusive, may solemnize marriages pursuant to subsection 1 during

172-13 such time as he may be authorized to do so by the county clerk in

172-14 the county in which he is a temporary replacement, for a period not

172-15 to exceed 90 days. The minister whom he temporarily replaces shall

172-16 provide him with a written authorization which states the period

172-17 during which it is effective.

172-18 3. Any chaplain who is assigned to duty in this state by the

172-19 Armed Forces of the United States may solemnize marriages [,] if

172-20 he obtains a certificate of permission to perform marriages from the

172-21 county clerk of the county in which his duty station is located. The

172-22 county clerk shall issue such a certificate to a chaplain upon proof

172-23 by him of his military status as a chaplain and of his assignment.

172-24 4. A county clerk may authorize a licensed or ordained minister

172-25 whose congregation is in another state to perform marriages in the

172-26 county [,] if the county clerk satisfies himself that the minister is in

172-27 good standing with his denomination or church. The authorization

172-28 must be in writing and need not be filed with any other public

172-29 officer. A separate authorization is required for each marriage

172-30 performed. Such a minister may perform not more than five

172-31 marriages in this state in any calendar year.

172-32 4. Chapter 483, Statutes of Nevada 1997, at page 2090, is hereby

172-33 amended by adding thereto a new section to be designated as section 167.5,

172-34 immediately following section 167, to read as follows:

172-35 Sec. 167.5. NRS 544.070 is hereby amended to read as

172-36 follows:

172-37 544.070 As used in NRS 544.070 to 544.240, inclusive, unless

172-38 the context requires otherwise:

172-39 1. "Director" means the director of the state department of

172-40 conservation and natural resources.

172-41 2. "Operation" means [the] :

173-1 (a) The performance of weather modification and control

173-2 activities pursuant to a single contract entered into for the purpose

173-3 of producing, or attempting to produce, a certain modifying effect

173-4 within one geographical area over one continuing time interval not

173-5 exceeding 1 year [, or, if] ; or

173-6 (b) If the performance of weather modification and control

173-7 activities is to be undertaken individually or jointly by a person or

173-8 persons to be benefited and not undertaken pursuant to a contract,

173-9 ["operation" means] the performance of weather modification and

173-10 control activities entered into for the purpose of producing, or

173-11 attempting to produce, a certain modifying effect within one

173-12 geographical area over one continuing time interval not exceeding 1

173-13 year.

173-14 3. "Research and development" means theoretical analysis,

173-15 exploration and experimentation and the extension of investigative

173-16 findings and theories of a scientific or technical nature into practical

173-17 application for experimental and demonstration purposes, including

173-18 the experimental production and testing of models, devices,

173-19 equipment, materials and processes.

173-20 4. "Weather modification and control" means changing or

173-21 controlling, or attempting to change or control, by artificial methods

173-22 the natural development of any or all atmospheric cloud forms or

173-23 precipitation forms which occur in the troposphere.

173-24 5. Chapter 483, Statutes of Nevada 1997, at page 2092, is hereby

173-25 amended by adding thereto a new section to be designated as section 172.5,

173-26 immediately following section 172, to read as follows:

173-27 Sec. 172.5. NRS 555.2605 is hereby amended to read as

173-28 follows:

173-29 555.2605 As used in NRS 555.2605 to 555.460, inclusive,

173-30 unless the context otherwise requires, the words and terms defined

173-31 in NRS 555.261 to 555.2695, inclusive, have the meanings ascribed

173-32 to them in [such sections unless the context otherwise requires.]

173-33 those sections.

173-34 6. Chapter 483, Statutes of Nevada 1997, at page 2101, is hereby

173-35 amended by adding thereto a new section to be designated as section 193.5,

173-36 immediately following section 193, to read as follows:

173-37 Sec. 193.5. NRS 587.290 is hereby amended to read as

173-38 follows:

173-39 587.290 As used in NRS 587.290 to 587.450, inclusive, unless

173-40 the context otherwise requires, "agricultural products" includes

173-41 horticultural, viticultural, dairy, bee and [any and all] farm products.

174-1 7. Chapter 483, Statutes of Nevada 1997, at page 2203, is

174-2 hereby amended by adding thereto a new section to be designated as

174-3 section 507.5, immediately following section 507, to read as

174-4 follows:

174-5 Sec. 507.5. NRS 692B.070 is hereby amended to read as

174-6 follows:

174-7 692B.070 1. [Written] A written application for any permit

174-8 required under NRS 692B.040 [shall] must be filed with the

174-9 commissioner. The application [shall show,] must include or be

174-10 accompanied by:

174-11 (a) The name, type and purposes of the insurer, corporation,

174-12 syndicate, association, firm or organization formed or proposed to

174-13 be formed or financed;

174-14 (b) The name, residence address, business background and

174-15 experience for the preceding 10 years and qualifications of each

174-16 person associated or to be associated as incorporator, director,

174-17 promoter, manager or in other similar capacity in the enterprise, or

174-18 in the formation of the proposed insurer, corporation, syndicate,

174-19 association, firm or organization, or in the proposed financing,

174-20 together with the fingerprints of each individual so associated or to

174-21 be associated, on forms furnished by the commissioner;

174-22 (c) A full disclosure of the terms of all pertinent understandings

174-23 and agreements existing or proposed among any [individuals]

174-24 persons or entities so associated or to be associated, and a copy of

174-25 each such agreement;

174-26 (d) Executed quadruplicate originals of the articles of

174-27 incorporation of a proposed domestic stock or mutual insurer;

174-28 (e) The original and one copy of the proposed bylaws of a

174-29 proposed domestic stock or mutual insurer;

174-30 (f) The plan according to which solicitations are to be made [;]

174-31 and a reasonably detailed estimate of all organization and sales

174-32 expenses to be incurred in the proposed organization and offering;

174-33 (g) A copy of any security, receipt or certificate proposed to be

174-34 offered, and a copy of any proposed subscription agreement or

174-35 application therefor;

174-36 (h) A copy of any prospectus, offering circular, advertising or

174-37 sales literature or material proposed to be used;

174-38 (i) A copy of the proposed form of any escrow agreement

174-39 required;

174-40 (j) A copy of:

174-41 (1) The articles of incorporation of any corporation, other than

174-42 a proposed domestic insurer, proposing to offer its securities,

174-43 certified by the public officer having custody of the original thereof;

175-1 (2) Any syndicate, association, firm, organization or other

175-2 similar agreement, by whatever name called, if funds for any of the

175-3 purposes referred to in subsection 1 of NRS 692B.040 are to be

175-4 secured through the sale of any security, interest or right in or

175-5 relative to such syndicate, association, firm or organization; and

175-6 (3) If the insurer is, or is to be, a reciprocal insurer, the power

175-7 of attorney and of other agreements existing or proposed affecting

175-8 subscribers, investors, the attorney in fact or the insurer; and

175-9 (k) Such additional pertinent information as the commissioner

175-10 may reasonably require.

175-11 2. The application [shall] must be accompanied by a deposit of

175-12 the fees required under NRS 680B.010 [(fee schedule)] for the

175-13 filing of the application and for issuance of the permit, if granted.

175-14 3. In lieu of a special filing thereof of information [called for

175-15 in] required by subsection 1, the commissioner may [, in his

175-16 discretion,] accept a copy of any pertinent filing made with the

175-17 Securities and Exchange Commission relative to the same offering.

175-18 8. Chapter 483, Statutes of Nevada 1997, at page 2204, is hereby

175-19 amended by adding thereto a new section to be designated as section 508.5,

175-20 immediately following section 508, to read as follows:

175-21 Sec. 508.5. NRS 692B.190 is hereby amended to read as

175-22 follows:

175-23 692B.190 1. No person [shall] may in this state solicit

175-24 subscription to or purchase of any security covered by a solicitation

175-25 permit issued under this chapter, unless then licensed therefor by

175-26 the commissioner.

175-27 2. Such a license [shall] may be issued only to [individuals,]

175-28 natural persons, and the commissioner shall not license any

175-29 [individual] person found by him to be:

175-30 (a) Dishonest or untrustworthy;

175-31 (b) Financially irresponsible;

175-32 (c) Of unfavorable personal or business history or reputation; or

175-33 (d) For any other cause, reasonably unsuited for fulfillment of

175-34 the responsibilities of such a licensee.

175-35 3. The applicant for such a license [shall] must file his written

175-36 application therefor with the commissioner, on forms and

175-37 containing inquiries as designated and required by the

175-38 commissioner. The application [shall] must be endorsed by the

175-39 holder of the permit under which the securities are proposed to be

175-40 sold. The application [shall] must be accompanied by the

175-41 fingerprints of the applicant on forms furnished by the

175-42 commissioner, and by the application fee specified in NRS

175-43 680B.010 . [(fee schedule).] The commissioner shall promptly

176-1 cause an investigation to be made of the identity and qualifications

176-2 of the applicant.

176-3 4. The license, if issued, [shall] must be for the period of the

176-4 permit, and [shall] must automatically be extended if the permit is

176-5 extended.

176-6 5. The commissioner shall revoke the license if at any time

176-7 after issuance he has found that the license was obtained through

176-8 misrepresentation or concealment of facts, or that the licensee is no

176-9 longer qualified therefor, or that the licensee has misrepresented the

176-10 securities offered, or has otherwise conducted himself in or with

176-11 respect to transactions under the license in a manner injurious to the

176-12 permit holder or to subscribers or prospects or the public.

176-13 6. This section does not apply to securities broker-dealers

176-14 registered as such under the Securities Exchange Act of 1934, or

176-15 with respect to securities the sale of which is underwritten , [(] other

176-16 than on a best efforts basis , [)] by such a broker-dealer.

176-17 7. With respect to solicitation of subscriptions to or purchase of

176-18 securities covered by a solicitation permit issued by the

176-19 commissioner, the license required by this section is in lieu of a

176-20 license or permit otherwise required of the solicitor under any other

176-21 law of this state.

176-22 9. Chapter 483, Statutes of Nevada 1997, at page 2206, is hereby

176-23 amended by adding thereto a new section to be designated as section

176-24 509.35, immediately following section 509.3, to read as follows:

176-25 Sec. 509.35. NRS 696A.260 is hereby amended to read as

176-26 follows:

176-27 696A.260 1. [Application] An application for a license as a

176-28 club agent [shall be made] must be submitted to the commissioner

176-29 upon forms prescribed and furnished by him. As a part of, or in

176-30 connection with, any application, the applicant shall furnish

176-31 information concerning his identity, personal history, experience,

176-32 business record and other pertinent facts which the commissioner

176-33 may reasonably require.

176-34 2. If the applicant is a firm, partnership or corporation, the

176-35 application, in addition to the requirements of subsection 1, shall:

176-36 (a) Contain the names of all members and officers of the firm,

176-37 partnership or corporation; and

176-38 (b) Designate who is to exercise the powers to be conferred by

176-39 the license on [such] the firm, partnership or corporation.

176-40 3. The commissioner shall require each [individual] natural

176-41 person of a firm, partnership or corporation to furnish information

176-42 to him as though applying for an individual license.

177-1 4. Any person willfully misrepresenting any fact required to be

177-2 disclosed in any application [shall be] is subject to the penalties

177-3 provided in NRS 696A.350.

177-4 10. Chapter 483, Statutes of Nevada 1997, at page 2211, is hereby

177-5 amended by adding thereto a new section to be designated as section 516.1,

177-6 immediately following section 516, to read as follows:

177-7 Sec. 516.1. Section 18.5 of chapter 603, Statutes of Nevada

177-8 1997, at page 3027, is hereby amended to read as follows:

177-9 Sec. 18.5. Chapter 684A of NRS is hereby amended by

177-10 adding thereto a new section to read as follows:

177-11 1. The commissioner may issue a limited license to an

177-12 adjuster licensed in an adjoining state who has contracted with a

177-13 domestic insurer that has its principal place of business in this

177-14 state to adjust and pay claims on business written in this state. A

177-15 limited license issued pursuant to this section is valid for 3 years

177-16 or the term of the contract between the adjuster and domestic

177-17 insurer, whichever is shorter.

177-18 2. If the applicant for a limited license issued pursuant to

177-19 this section is a natural person, the application must include

177-20 the social security number of the applicant.

177-21 3. An adjuster who holds a limited license issued pursuant to

177-22 this section may adjust claims in this state only pursuant to his

177-23 contract with the domestic insurer.

177-24 [3.] 4. A domestic insurer who contracts with an adjuster to

177-25 whom a limited license has been issued pursuant to this section

177-26 shall maintain in its principal place of business in this state the

177-27 records of its closed files upon which the adjuster worked.

177-28 [4.] 5. Notwithstanding the provisions of NRS 684A.170, an

177-29 adjuster who is issued a limited license pursuant to this section is

177-30 not required to maintain an office or place of business in this

177-31 state.

177-32 Sec. 58. Section 6 of chapter 485, Statutes of Nevada 1997, at page

177-33 2215, is hereby amended to read as follows:

177-34 Sec. 6. If an express written warranty is provided to a retail

177-35 customer for a used vehicle pursuant to section 5 of this act, the

177-36 duration of the warranty must be determined pursuant to this

177-37 section. If, on the date the vehicle was purchased from the used

177-38 vehicle dealer, the odometer in the used vehicle registered:

177-39 1. At least 75,000 but less than 80,001 miles, the warranty is

177-40 valid for a period of 30 days therefrom or until the odometer in

177-41 the vehicle registers 1,000 miles more than on the date the vehicle

177-42 was purchased from the used vehicle dealer, whichever occurs

177-43 earlier.

178-1 2. At least 80,001 but less than 85,001 miles, the warranty is

178-2 valid for a period of 20 days therefrom or until the odometer in

178-3 the vehicle registers 600 miles more than on the date the vehicle

178-4 was purchased from the used vehicle dealer, whichever occurs

178-5 earlier.

178-6 3. At least 85,001 but less than 90,001 miles, the warranty is

178-7 valid for a period of 10 days therefrom or until the odometer in

178-8 the vehicle registers 300 miles more than on the date the vehicle

178-9 was purchased from the used vehicle dealer, whichever occurs

178-10 earlier.

178-11 4. At least 90,001 but less than 100,001 miles, the warranty is

178-12 valid for a period of 5 days therefrom or until the odometer in the

178-13 vehicle registers 150 miles more than on the date the vehicle was

178-14 purchased from the used vehicle dealer, whichever occurs earlier.

178-15 5. At least 100,001 miles, the warranty is valid for a period of

178-16 2 days therefrom or until the odometer in the vehicle registers 100

178-17 miles more than on the date the vehicle was purchased from the

178-18 used vehicle dealer, whichever occurs earlier.

178-19 The period for which a warranty is valid pursuant to this section

178-20 must be tolled during any period in which the dealer has

178-21 possession of the vehicle or the operation of the vehicle is

178-22 impaired and the vehicle is inoperable due to a defect in the

178-23 vehicle’s engine or drivetrain.

178-24 Sec. 59. 1. Sections 24.8, 74, 151, 320 and 325 of chapter 489,

178-25 Statutes of Nevada 1997, at pages 2232, 2243, 2287, 2351 and 2353,

178-26 respectively, are hereby amended to read respectively as follows:

178-27 Sec. 24.8. 1. The chief of the program for the enforcement

178-28 of child support of the welfare division or his designee may

178-29 enforce a court order for the support of a child against the

178-30 parents of a noncustodial parent of a child if:

178-31 (a) The custodial parent and noncustodial parent of the child

178-32 are both less than 18 years of age; and

178-33 (b) The custodial parent of the child is a member of a

178-34 household that is receiving benefits.

178-35 2. If the chief or his designee enforces a court order against

178-36 the parents of a noncustodial parent pursuant to subsection 1, the

178-37 parents of the noncustodial parent are jointly and severally liable

178-38 for the payments required pursuant to the order.

178-39 Sec. 74. 1. The chief may request the following information

178-40 to carry out the provisions of this chapter:

178-41 (a) The records of the following public officers and state,

178-42 county and local agencies:

178-43 (1) The state registrar of vital statistics;

179-1 (2) Agencies responsible for maintaining records relating to

179-2 state and local taxes and revenue;

179-3 (3) Agencies responsible for keeping records concerning

179-4 real property and personal property for which a title must be

179-5 obtained;

179-6 (4) All boards, commissions and agencies that issue

179-7 occupational or professional licenses, certificates or permits;

179-8 (5) The secretary of state;

179-9 (6) The employment security division of the department of

179-10 employment, training and rehabilitation;

179-11 (7) Agencies that administer public assistance;

179-12 (8) The department of motor vehicles and public safety;

179-13 (9) The department of prisons; and

179-14 (10) Law enforcement agencies and any other agencies that

179-15 maintain records of criminal history.

179-16 (b) The names and addresses of:

179-17 (1) The customers of public utilities and community antenna

179-18 television companies; and

179-19 (2) The employers of the customers described in

179-20 subparagraph (1).

179-21 (c) Information in the possession of financial institutions

179-22 relating to the assets, liabilities and any other details of the

179-23 finances of a person.

179-24 (d) Information in the possession of a public or private

179-25 employer relating to the employment, compensation and benefits

179-26 of a person employed by the employer as an employee or

179-27 independent contractor.

179-28 2. If a person or other entity fails to supply the information

179-29 requested pursuant to subsection 1, the administrator may issue a

179-30 subpoena to compel the person or entity to provide that

179-31 information. A person or entity who fails to comply with a request

179-32 made pursuant to subsection 1 is subject to a civil penalty not to

179-33 exceed $500 for each failure to comply.

179-34 3. A disclosure made in good faith pursuant to subsection 1

179-35 does not give rise to any action for damages for the disclosure.

179-36 Sec. 151. NRS 122.040 is hereby amended to read as follows:

179-37 122.040 1. Before persons may be joined in marriage, a

179-38 license must be obtained for that purpose from the county clerk of

179-39 any county in the state. Except as otherwise provided in this

179-40 subsection, the license must be issued at the county seat of that

179-41 county. The board of county commissioners:

179-42 (a) In a county whose population is 400,000 or more may, at the

179-43 request of the county clerk, designate two branch offices of the

180-1 county clerk at which marriage licenses may be issued, if the

180-2 designated branch offices are located outside of the county seat.

180-3 (b) In a county whose population is less than 400,000 may, at the

180-4 request of the county clerk, designate one branch office of the

180-5 county clerk at which marriage licenses may be issued, if the

180-6 designated branch office is established in a county office building

180-7 which is located outside of the county seat.

180-8 2. Before issuing a marriage license, the county clerk may

180-9 require evidence that the applicant for the license is of age. The

180-10 county clerk shall accept a statement under oath by the applicant

180-11 and the applicant’s parent, if available, that the applicant is of age.

180-12 3. The county clerk issuing the license shall require the

180-13 applicant to answer under oath each of the questions contained in

180-14 the form of license, and, if the applicant cannot answer positively

180-15 any questions with reference to the other person named in the

180-16 license, the clerk shall require both persons named in the license to

180-17 appear before him and to answer, under oath, the questions

180-18 contained in the form of license. The county clerk shall require the

180-19 applicant to include his social security number and the social

180-20 security number of the other person named in the license on the

180-21 affidavit of application for the marriage license. If either person

180-22 does not have a social security number, the person responding to

180-23 the question must state that fact. The county clerk shall not

180-24 require any evidence to verify a social security number. If any of

180-25 the information required is unknown to the person responding to the

180-26 question, he must state that the answer is unknown.

180-27 4. If any of the persons intending to marry [is] are under age

180-28 and [has] have not been previously married, and if the authorization

180-29 of a district court is not required, the clerk shall issue the license if

180-30 the consent of the parent or guardian is:

180-31 (a) Personally given before the clerk;

180-32 (b) Certified under the hand of the parent or guardian, attested

180-33 by two witnesses, one of whom must appear before the clerk and

180-34 make oath that he saw the parent or guardian subscribe his name to

180-35 the annexed certificate, or heard him or her acknowledge it; or

180-36 (c) In writing, subscribed to and acknowledged before a person

180-37 authorized by law to administer oaths. A facsimile of the

180-38 acknowledged writing must be accepted if the original is not

180-39 available.

180-40 5. If the authorization of a district court is required, the county

180-41 clerk shall issue the license if that authorization is given to him in

180-42 writing.

181-1 6. All records pertaining to marriage licenses are public records

181-2 and open to inspection pursuant to the provisions of NRS 239.010.

181-3 7. A marriage license issued on or after July 1, 1987, expires 1

181-4 year after its date of issuance.

181-5 Sec. 320. 1. NRS 422.007 [, 422.370, 422.373 and 422.375]

181-6 and 422.370 are hereby repealed.

181-7 2. NRS 31A.240, 31A.260, 425.3815, 425.3842 and 440.320

181-8 are hereby repealed.

181-9 3. NRS 31A.210, 31A.220, 31A.230, 130.010, 130.020,

181-10 130.030, 130.040, 130.041, 130.0411, 130.0412, 130.0413,

181-11 130.0414, 130.0415, 130.042, 130.0421, 130.0422, 130.0423,

181-12 130.0424, 130.0425, 130.043, 130.0431, 130.0432, 130.0433,

181-13 130.0434, 130.050, 130.060, 130.070, 130.080, 130.090, 130.100,

181-14 130.110, 130.115, 130.120, 130.130, 130.140, 130.150, 130.160,

181-15 130.180, 130.190, 130.200, 130.205, 130.207, 130.209, 130.210,

181-16 130.220, 130.230, 130.240, 130.245, 130.250, 130.260, 130.265,

181-17 130.280, 130.290, 130.305, 130.310, 130.320, 130.330, 130.340,

181-18 130.350, 130.360 and 130.370 are hereby repealed.

181-19 4. NRS 422.373 and 422.375 and section 35 of chapter 550,

181-20 Statutes of Nevada 1997, at page 2616, are hereby repealed.

181-21 Sec. 325. 1. This section and sections 36.5, 112 , [and] 319

181-22 and 319.1 of this act become effective on June 30, 1997.

181-23 2. Sections 1 to 6, inclusive, 10 to 15, inclusive, 30 [to 33,

181-24 inclusive,] , 32, 33, 35, 36, 40 to 43, inclusive, 102, 105.5, 106,

181-25 107, 113, 114, 283, 284, 308, 309, 321, 323.3, 323.7 and 324 of

181-26 this act, and subsection 1 of section 320 of this act, become

181-27 effective on July 1, 1997.

181-28 3. Sections 26, 28, 34, 37 and 39 of this act , and subsection 4

181-29 of section 320 of this act, become effective at 12:01 a.m. on July 1,

181-30 1997.

181-31 4. Section 31 of this act becomes effective at 12:02 a.m. on

181-32 July 1, 1997.

181-33 5. For the purpose of adopting regulations and conducting any

181-34 preliminary activities necessary to carry out the provisions of this

181-35 act in a timely manner, the remaining provisions of this act become

181-36 effective upon passage and approval. For all other purposes:

181-37 (a) Sections 44 to 82, inclusive, 83 to 88, inclusive, 89, 90, 91,

181-38 92, 93, 94, 95, 96 to 100, inclusive, 103, 104, 105, 108 to 111,

181-39 inclusive, 115 to 126, inclusive, 127, 128, 129 to 133, inclusive,

181-40 134, 135, 136, 137, 138, 139 to 154, inclusive, 155, 156, 157, 158

181-41 to 172, inclusive, 173 to 183, inclusive, 184 to 190, inclusive,

182-1 190.5, 191, 192, 193, 194, 277 to 277.7, inclusive, 278.1 to 282,

182-2 inclusive, 285 to 307, inclusive, 322 and 323 of this act,
182-3 and subsection 2 of section 320 of this act, become effective on

182-4 October 1, 1997.

182-5 (b) Sections 7, 8, 9, 16 to 25, inclusive, 82.5, 88.5, 90.5, 91.5,

182-6 92.5, 95.5, 126.5, 128.5, 133.5, 135.5, 136.5, 137.5, 138.5, 154.5,

182-7 157.5, 172.5, 183.5, 190.3, 192.5, 193.5, 195 to 276, inclusive,

182-8 278, 308.5 and 310 to 318, inclusive, of this act, and subsection 3

182-9 of section 320 of this act, become effective on January 1, 1998.

182-10 [5.] 6. Sections 123.5 and 277.1 of this act expire by limitation

182-11 on January 1, 1998.

182-12 2. Chapter 489, Statutes of Nevada 1997, at page 2283, is hereby

182-13 amended by adding thereto a new section to be designated as section 142.5,

182-14 immediately following section 142, to read as follows:

182-15 Sec. 142.5. NRS 31A.270 is hereby amended to read as

182-16 follows:

182-17 31A.270 NRS 31A.160 applies to all assignments of [wages]

182-18 income pursuant to NRS 31A.250 to 31A.340, inclusive. The

182-19 assignment:

182-20 1. Must be calculated in accordance with NRS 31.295.

182-21 2. May include the amount of the current support due and a

182-22 payment on the arrearages if previously ordered by a court of

182-23 competent jurisdiction.

182-24 3. Chapter 489, Statutes of Nevada 1997, at page 2351, is hereby

182-25 amended by adding thereto a new section to be designated as section 319.1,

182-26 immediately following section 319, to read as follows:

182-27 Sec. 319.1. Section 51 of chapter 550, Statutes of Nevada

182-28 1997, at page 2621, is hereby amended to read as follows:

182-29 Sec. 51. NRS 422.240 is hereby amended to read as follows:

182-30 422.240 1. Money to carry out the provisions of NRS

182-31 [422.070] 422.001 to 422.410, inclusive, 422.580, and sections

182-32 16 to 29, inclusive, of this act, including, without limitation, any

182-33 federal money allotted to the State of Nevada pursuant to the

182-34 program to provide temporary assistance for needy families and

182-35 the program for child care and development, must be provided by

182-36 appropriation by the legislature from the state general fund.

182-37 2. Disbursements for the purposes of NRS [422.070]

182-38 422.001 to 422.410, inclusive, 422.580, and sections 16 to 29,

182-39 inclusive, of this act, must be made upon claims duly filed,

182-40 audited and allowed in the same manner as other money in the

182-41 state treasury is disbursed.

183-1 Sec. 60. 1. Sections 2 and 6 of chapter 490, Statutes of Nevada

183-2 1997, at pages 2355 and 2358, respectively, are hereby amended to read

183-3 respectively as follows:

183-4 Sec. 2. NRS 388.368 is hereby amended to read as follows:

183-5 388.368 1. The state board [of education shall adopt] , in

183-6 consultation with the assisting agencies and the business

183-7 community that will be included in the partnerships established

183-8 pursuant to paragraph (a) of subsection 4, shall:

183-9 (a) Adopt a comprehensive program to [provide pupils with]

183-10 offer pupils who are enrolled in grades 7 to 12, inclusive, the skills

183-11 to make the transition from school to [work. The state board of

183-12 education shall develop, implement] careers; and

183-13 (b) Carry out and review the program . [with the assistance of

183-14 the assisting agencies and the business community that will be

183-15 included in the partnerships established pursuant to paragraph (a) of

183-16 subsection 3.]

183-17 2. The program to provide pupils with the skills to make the

183-18 transition from school to [work must] careers may be designed to

183-19 achieve the following objectives:

183-20 (a) To provide [all] the pupils participating in the program with

183-21 an [equal] equitable opportunity to learn about and explore various

183-22 career options of their choice before the completion of middle

183-23 school.

183-24 (b) To [provide] offer career counseling for [all pupils during

183-25 the 9th and 10th grades.] interested pupils who are enrolled in

183-26 grades 7 to 12, inclusive.

183-27 (c) To provide [all] information concerning the program.

183-28 (d) To provide the pupils participating in the program with an

183-29 [equal] equitable opportunity to achieve high academic standards

183-30 and to obtain training in occupations [that earn high wages.

183-31 (d) To strengthen and expand] of their choice. If desired, a

183-32 pupil who has chosen to receive training in an occupation may

183-33 choose to receive training in another occupation of his choice, or

183-34 may terminate his participation in the program, without the loss

183-35 of credit, at such times as are allowed by the state board, but in no

183-36 case may a pupil be required to continue with the training or

183-37 participate in the program for more than one semester.

183-38 (e) To continue and enhance existing technical and vocational

183-39 education programs that are voluntary, including, without

183-40 limitation, programs adopted pursuant to the Carl D. Perkins

183-41 Vocational and Applied Technology Education Act (20 U.S.C. §§

183-42 2301 et seq.).

183-43 [(e) To adopt]

184-1 (f) To allow a system for [issuing] awarding certificates of

184-2 technical or vocational proficiency.

184-3 [(f) To adopt a curriculum and a system to allow pupils and

184-4 students] Such a certificate must not be awarded as a replacement

184-5 for or in lieu of a high school diploma.

184-6 (g) To allow pupils participating in the program to participate

184-7 in educational activities in the workplace.

184-8 [(g) To provide all pupils with programs of]

184-9 (h) To offer pupils participating in the program job training

184-10 and placement or programs for preparation for postsecondary

184-11 education during the 12th grade [.

184-12 (h) To strengthen] , or both.

184-13 (i) To encourage the relationship [between] among the business

184-14 community , [and] school districts and universities and community

184-15 colleges within the University and Community College System of

184-16 Nevada to promote job training and internships.

184-17 [(i) To encourage]

184-18 (j) To offer statewide participation in the program [.

184-19 (j) To meet the continuing educational and developmental needs

184-20 of teachers and employees of the school district.] for pupils who

184-21 are enrolled in grades 7 to 12, inclusive.

184-22 (k) To encourage teachers and other educational personnel to

184-23 continue their educational development related to the program.

184-24 (l) To adopt a process to evaluate the program and to integrate

184-25 improvements [into the program.] in compliance with the Family

184-26 Educational Rights and Privacy Act (20 U.S.C. §§ 1232g et seq.).

184-27 To carry out the purposes of this paragraph, the state board may

184-28 adopt a system for evaluating participation in the program only to

184-29 produce aggregate statistical information needed to evaluate the

184-30 program, but not to ensure that a pupil completes job training for

184-31 a particular career. This paragraph does not prohibit the

184-32 collection of data necessary to carry out the provisions of NRS

184-33 389.015 and 389.017.

184-34 3. The program adopted by the state board must be designed

184-35 to offer an equitable opportunity for all pupils to participate in the

184-36 program, including, without limitation:

184-37 (a) Male and female pupils;

184-38 (b) Pupils who are of diverse racial, ethnic and cultural

184-39 backgrounds;

184-40 (c) Pupils whose primary language is not English;

184-41 (d) Pupils who have disabilities;

184-42 (e) Pupils who are gifted and talented;

184-43 (f) Pupils who are at high risk of dropping out of school; and

185-1 (g) Pupils who are disadvantaged, economically or otherwise.

185-2 4. To be eligible to receive funding for and to participate in the

185-3 program established pursuant to this section, a school district or a

185-4 university or community college within the University and

185-5 Community College System of Nevada must submit to the state

185-6 board [of education] an application that includes:

185-7 (a) A description of the partnership between the school district ,

185-8 university or community college and the business community that

185-9 will be established to carry out the program adopted pursuant to this

185-10 section. The partnership must consist of employers, representatives

185-11 of local educational agencies, local postsecondary educational

185-12 institutions, representatives of labor organizations, pupils, parents

185-13 and persons representing rehabilitation, employment and training

185-14 services.

185-15 (b) A plan that describes how the partnership will carry out the

185-16 objectives of the program, including specific requirements for

185-17 periodic review and approval by the members of the partnership

185-18 representing the business community of the means of obtaining

185-19 those objectives. The members of the partnership who perform the

185-20 periodic review shall make a determination of whether the program

185-21 is actually improving the skills of the participants to make the

185-22 transition from school to [work.] careers. The members of the

185-23 partnership who perform the periodic review must include

185-24 employers who are likely to hire pupils who complete the program

185-25 as well as other employers who are active in the establishment of

185-26 programs for job training and placement.

185-27 (c) A description of an annual evaluation to be conducted by the

185-28 partnership and used to measure the success of the program. The

185-29 results of the evaluation must be submitted to the state board [of

185-30 education] and contain specific comments from the members of the

185-31 partnership representing the business community regarding the

185-32 effectiveness of the program in producing pupils who are ready for

185-33 employment in the workplace.

185-34 (d) Other information the state board [of education] may require

185-35 to determine the eligibility of the school district to participate in the

185-36 program.

185-37 [4.] 5. The state board [of education, after] , in consultation

185-38 with the assisting agencies [, shall submit] and the business

185-39 community that will be included in the partnerships established

185-40 pursuant to paragraph (a) of subsection 4, shall:

185-41 (a) Make a determination on an application that is submitted

185-42 pursuant to this section.

186-1 (b) Submit a report containing its findings, conclusions and

186-2 recommendations regarding the program adopted pursuant to this

186-3 section to each regular session of the legislature [.

186-4 5.] on or before February 1 of each odd-numbered year.

186-5 6. As used in this section, "assisting agencies" means the

186-6 commission on economic development, the department of

186-7 employment, training and rehabilitation, the welfare division of the

186-8 department of human resources [, the department of information

186-9 technology, the state industrial insurance system, the division of

186-10 state library and archives of the department of museums, library and

186-11 arts] and the University and Community College System of Nevada.

186-12 Sec. 6. 1. This section and sections 1, [2,] 2.5 and 4 of this

186-13 act become effective on July 1, 1997.

186-14 2. Sections 2 and 2.7 of this act become effective at 12:01

186-15 a.m. on July 1, 1997.

186-16 3. Sections 3 and 5 of this act become effective on July 1,

186-17 2003.

186-18 2. Chapter 490, Statutes of Nevada 1997, at page 2357, is hereby

186-19 amended by adding thereto a new section to be designated as section 2.7,

186-20 immediately following section 2.5, to read as follows:

186-21 Sec. 2.7. Section 39 of chapter 480, Statutes of Nevada 1997,

186-22 at page 1866, is hereby amended to read as follows:

186-23 Sec. 39. NRS 388.368 is hereby amended to read as follows:

186-24 388.368 1. The state board, in consultation with the

186-25 assisting agencies and the business community that will be

186-26 included in the partnerships established pursuant to paragraph (a)

186-27 of subsection 4, shall:

186-28 (a) Adopt a comprehensive program to offer pupils who are

186-29 enrolled in grades 7 to 12, inclusive, the skills to make the

186-30 transition from school to careers; and

186-31 (b) Carry out and review the program.

186-32 2. The program to provide pupils with the skills to make the

186-33 transition from school to careers may be designed to achieve the

186-34 following objectives:

186-35 (a) To provide the pupils participating in the program with an

186-36 equitable opportunity to learn about and explore various career

186-37 options of their choice before the completion of middle school.

186-38 (b) To offer career counseling for interested pupils who are

186-39 enrolled in grades 7 to 12, inclusive.

186-40 (c) To provide information concerning the program.

186-41 (d) To provide the pupils participating in the program with an

186-42 equitable opportunity to achieve high academic standards and to

186-43 obtain training in occupations of their choice. If desired, a pupil

187-1 who has chosen to receive training in an occupation may choose

187-2 to receive training in another occupation of his choice, or may

187-3 terminate his participation in the program, without the loss of

187-4 credit, at such times as are allowed by the state board, but in no

187-5 case may a pupil be required to continue with the training or

187-6 participate in the program for more than one semester.

187-7 (e) To continue and enhance existing technical and vocational

187-8 education programs that are voluntary, including, without

187-9 limitation, programs adopted pursuant to the Carl D. Perkins

187-10 Vocational and Applied Technology Education Act (20 U.S.C.

§§ 2301 et seq.).

187-11 (f) To allow a system for awarding certificates of technical or

187-12 vocational proficiency. Such a certificate must not be awarded as

187-13 a replacement for or in lieu of a high school diploma.

187-14 (g) To allow pupils participating in the program to participate

187-15 in educational activities in the workplace.

187-16 (h) To offer pupils participating in the program job training

187-17 and placement or programs for preparation for postsecondary

187-18 education during the 12th grade, or both.

187-19 (i) To encourage the relationship among the business

187-20 community, school districts , charter schools and universities and

187-21 community colleges within the University and Community

187-22 College System of Nevada to promote job training and

187-23 internships.

187-24 (j) To offer statewide participation in the program for pupils

187-25 who are enrolled in grades 7 to 12, inclusive.

187-26 (k) To encourage teachers and other educational personnel to

187-27 continue their educational development related to the program.

187-28 (l) To adopt a process to evaluate the program and to integrate

187-29 improvements in compliance with the Family Educational Rights

187-30 and Privacy Act (20 U.S.C. §§ 1232g et seq.). To carry out the

187-31 purposes of this paragraph, the state board may adopt a system

187-32 for evaluating participation in the program only to produce

187-33 aggregate statistical information needed to evaluate the program,

187-34 but not to ensure that a pupil completes job training for a

187-35 particular career. This paragraph does not prohibit the collection

187-36 of data necessary to carry out the provisions of NRS 389.015 and

187-37 389.017.

187-38 3. The program adopted by the state board must be designed

187-39 to offer an equitable opportunity for all pupils to participate in

187-40 the program, including, without limitation:

187-41 (a) Male and female pupils;

188-1 (b) Pupils who are of diverse racial, ethnic and cultural

188-2 backgrounds;

188-3 (c) Pupils whose primary language is not English;

188-4 (d) Pupils who have disabilities;

188-5 (e) Pupils who are gifted and talented;

188-6 (f) Pupils who are at high risk of dropping out of school; and

188-7 (g) Pupils who are disadvantaged, economically or otherwise.

188-8 4. To be eligible to receive funding for and to participate in

188-9 the program established pursuant to this section, a school district

188-10 , a charter school or a university or community college within

188-11 the University and Community College System of Nevada must

188-12 submit to the state board an application that includes:

188-13 (a) A description of the partnership between the school

188-14 district, charter school, university or community college and the

188-15 business community that will be established to carry out the

188-16 program adopted pursuant to this section. The partnership must

188-17 consist of employers, representatives of local educational

188-18 agencies, local postsecondary educational institutions,

188-19 representatives of labor organizations, pupils, parents and

188-20 persons representing rehabilitation, employment and training

188-21 services.

188-22 (b) A plan that describes how the partnership will carry out

188-23 the objectives of the program, including specific requirements for

188-24 periodic review and approval by the members of the partnership

188-25 representing the business community of the means of obtaining

188-26 those objectives. The members of the partnership who perform

188-27 the periodic review shall make a determination of whether the

188-28 program is actually improving the skills of the participants to

188-29 make the transition from school to careers. The members of the

188-30 partnership who perform the periodic review must include

188-31 employers who are likely to hire pupils who complete the

188-32 program as well as other employers who are active in the

188-33 establishment of programs for job training and placement.

188-34 (c) A description of an annual evaluation to be conducted by

188-35 the partnership and used to measure the success of the program.

188-36 The results of the evaluation must be submitted to the state board

188-37 and contain specific comments from the members of the

188-38 partnership representing the business community regarding the

188-39 effectiveness of the program in producing pupils who are ready

188-40 for employment in the workplace.

189-1 (d) Other information the state board may require to determine

189-2 the eligibility of the school district or the charter school to

189-3 participate in the program.

189-4 5. The state board, in consultation with the assisting agencies

189-5 and the business community that will be included in the

189-6 partnerships established pursuant to paragraph (a) of subsection

189-7 4, shall:

189-8 (a) Make a determination on an application that is submitted

189-9 pursuant to this section.

189-10 (b) Submit a report containing its findings, conclusions and

189-11 recommendations regarding the program adopted pursuant to this

189-12 section to each regular session of the legislature on or before

189-13 February 1 of each odd-numbered year.

189-14 6. As used in this section, "assisting agencies" means the

189-15 commission on economic development, the department of

189-16 employment, training and rehabilitation, the welfare division of

189-17 the department of human resources and the University and

189-18 Community College System of Nevada.

189-19 Sec. 61. Section 3 of chapter 493, Statutes of Nevada 1997, at page

189-20 2362, is hereby amended to read as follows:

189-21 Sec. 3. Chapter 19 of NRS is hereby amended by adding

189-22 thereto a new section to read as follows:

189-23 1. In a county whose population is less than 100,000, the

189-24 board of county commissioners may, in addition to any other fee

189-25 required by law, impose by ordinance a filing fee of not more

189-26 than $10 to be paid on the commencement of any civil action or

189-27 proceeding in the district court for which a filing fee is required

189-28 and on the filing of any answer or appearance in any such action

189-29 or proceeding for which a filing fee is required.

189-30 2. On or before the fifth day of each month, in a county

189-31 where a fee has been imposed pursuant to subsection 1, the clerk

189-32 of the court shall account for and pay over to the county treasurer

189-33 any such fees collected by him during the preceding month for

189-34 credit to an account for programs for the prevention and

189-35 treatment of the abuse of alcohol and drugs in the county general

189-36 fund. The money in that account must be used only to support

189-37 programs for the prevention or treatment of the abuse of alcohol

189-38 or drugs which may include, without limitation, any program of

189-39 treatment for the abuse of alcohol or drugs established in a

189-40 judicial district pursuant to NRS 453.580.

190-1 Sec. 62. Sections 3 and 16 of chapter 513, Statutes of Nevada 1997, at

190-2 pages 2440 and 2445, respectively, are hereby amended to read

190-3 respectively as follows:

190-4 Sec. 3. NRS 373.117 is hereby amended to read as follows:

190-5 373.117 1. A regional transportation commission may

190-6 establish or operate a public transit system consisting of regular

190-7 routes and fixed schedules to serve the public.

190-8 2. A regional transportation commission may lease vehicles to

190-9 or from or enter into other contracts with a private operator for the

190-10 provision of such a system.

190-11 3. In a county whose population is less than 400,000, such a

190-12 system may also provide service which includes:

190-13 (a) Minor deviations from regular routes and fixed schedules on

190-14 a recurring basis to serve the public transportation needs of

190-15 passengers. The deviations must not exceed one-half mile from the

190-16 regular routes.

190-17 (b) The transporting of persons upon request without regard to

190-18 regular routes or fixed schedules, if the service is provided by a

190-19 common motor carrier which has a certificate of public convenience

190-20 and necessity issued by the transportation services authority

190-21 pursuant to NRS 706.386 to 706.411, inclusive, and the service is

190-22 subject to the rules and regulations adopted by the transportation

190-23 services authority for a fully regulated carrier.

190-24 4. Notwithstanding the provisions of chapter 332 of NRS or

190-25 NRS 625.530, a regional transportation commission may utilize a

190-26 turnkey procurement process to select a person to design, build,

190-27 operate and maintain, or any combination thereof, a fixed

190-28 guideway system, including, without limitation, any minimum

190-29 operable segment thereof. The commission shall determine

190-30 whether to utilize turnkey procurement for a fixed guideway

190-31 project before the completion of the preliminary engineering

190-32 phase of the project. In making that determination, the

190-33 commission shall evaluate whether turnkey procurement is the

190-34 most cost effective method of constructing the project on schedule

190-35 and in satisfaction of its transportation objectives.

190-36 5. Notwithstanding the provisions of chapter 332 of NRS, a

190-37 regional transportation commission may utilize a competitive

190-38 negotiation procurement process to procure rolling stock for a

190-39 fixed guideway project. The award of a contract under such a

190-40 process must be made to the person whose proposal is determined

190-41 to be the most advantageous to the commission, based on price

190-42 and other factors specified in the procurement documents.

190-43 6. As used in this section:

191-1 (a) "Fully regulated carrier" means a common carrier or contract

191-2 carrier of passengers or household goods who is required to obtain

191-3 from the transportation services authority a certificate of public

191-4 convenience and necessity or a contract carrier’s permit and whose

191-5 rates, routes and services are subject to regulation by the

191-6 transportation services authority.

191-7 (b) "Minimum operable segment" means the shortest portion

191-8 of a fixed guideway system that is technically capable of

191-9 providing viable public transportation between two end points.

191-10 (c) "Public transit system" means a system employing motor

191-11 buses, rails or any other means of conveyance, by whatever type of

191-12 power, operated for public use in the conveyance of persons.

191-13 (d) "Turnkey procurement" means a competitive procurement

191-14 process by which a person is selected by a regional transportation

191-15 commission, based on evaluation criteria established by the

191-16 commission, to design, build, operate and maintain, or any

191-17 combination thereof, a fixed guideway system, or a portion

191-18 thereof, in accordance with performance criteria and technical

191-19 specifications established by the commission.

191-20 Sec. 16. NRS 709.050 is hereby amended to read as follows:

191-21 709.050 1. The board of county commissioners may grant to

191-22 any person, company, corporation or association the franchise, right

191-23 and privilege to construct, install, operate and maintain street

191-24 railways, electric light, heat and power lines, gas and water mains,

191-25 telephone and telegraph lines, and all necessary or proper

191-26 appliances used in connection therewith or appurtenant thereto, in

191-27 the streets, alleys, avenues and other places in any unincorporated

191-28 town in the county, and along the public roads and highways of the

191-29 county, when the applicant complies with the terms and provisions

191-30 of NRS 709.050 to 709.170, inclusive.

191-31 2. The board of county commissioners shall not:

191-32 (a) Impose any terms or conditions on a franchise granted

191-33 pursuant to subsection 1 for the provision of telecommunications

191-34 service or interactive computer service other than terms or

191-35 conditions concerning the placement and location of the telephone

191-36 or telegraph lines and fees imposed for a business license or the

191-37 franchise, right or privilege to construct, install or operate such

191-38 lines.

191-39 (b) Require a company that provides telecommunications service

191-40 or interactive computer service to obtain a franchise if it provides

192-1 telecommunications service over the telephone or telegraph lines

192-2 owned by another company.

192-3 3. As used in NRS 709.050 to 709.170, inclusive:

192-4 (a) "Interactive computer service" has the meaning ascribed to it

192-5 in 47 U.S.C. § 230(e)(2), as that section existed on the effective

192-6 date of [this act.] Assembly Bill No. 508 of this session.

192-7 (b) "Street railway" means:

192-8 (1) A system of public transportation operating over fixed

192-9 rails on the surface of the ground; or

192-10 (2) [A monorail; or

192-11 (3) Any other] An overhead or underground system , other

192-12 than a monorail, used for public transportation.

192-13 The term does not include a super speed ground transportation

192-14 system as defined in NRS 705.4292.

192-15 (c) "Telecommunications service" has the meaning ascribed to it

192-16 in 47 U.S.C. § 153(46), as that section existed on the effective date

192-17 of [this act.] Assembly Bill No. 508 of this session.

192-18 4. As used in this section, "monorail" has the meaning

192-19 ascribed to it in section 9 of this act.

192-20 Sec. 63. Section 16 of chapter 516, Statutes of Nevada 1997, at page

192-21 2462, is hereby amended to read as follows:

192-22 Sec. 16. NRS 268.0968 is hereby amended to read as follows:

192-23 268.0968 1. Except as otherwise provided in NRS 268.096

192-24 and 268.801 to 268.808, inclusive, a city located in a county whose

192-25 population is 400,000 or more shall not impose a new tax on the

192-26 rental of transient lodging or increase the rate of an existing tax on

192-27 the rental of transient lodging after March 25, 1991.

192-28 2. Except as otherwise provided in section 21 of [this act,]

192-29 Assembly Bill No. 291 of this session, a city located in a county

192-30 whose population is 100,000 or more but less than 400,000 shall

192-31 not impose a new tax on the rental of transient lodging or increase

192-32 the rate of an existing tax on the rental of transient lodging after

192-33 March 25, 1991.

192-34 3. The legislature hereby declares that the limitation imposed

192-35 by subsection 2 will not be repealed or amended except to allow the

192-36 imposition of an increase in such a tax for:

192-37 (a) The promotion of tourism;

192-38 (b) The construction or operation of tourism facilities by a

192-39 convention and visitors authority; or

192-40 (c) The acquisition, establishment, construction or expansion of

192-41 one or more railroad grade separation projects.

193-1 Sec. 64. 1. Sections 5.5, 9 and 10 of chapter 517, Statutes of Nevada

193-2 1997, at pages 2476 and 2478, are hereby amended to read respectively as

193-3 follows:

193-4 Sec. 5.5. Section 2 of Senate Bill No. 205 of this session is

193-5 hereby amended to read as follows:

193-6 Sec. 2. NRS 432B.290 is hereby amended to read as

193-7 follows:

193-8 432B.290 1. Except as otherwise provided in subsection 2

193-9 [,] or 5, data or information concerning reports and investigations

193-10 thereof made pursuant to this chapter may be made available only

193-11 to:

193-12 (a) A physician who has before him a child who he reasonably

193-13 believes may have been abused or neglected;

193-14 (b) A person authorized to place a child in protective custody ,

193-15 if he has before him a child who he reasonably believes may have

193-16 been abused or neglected and he requires the information to

193-17 determine whether to place the child in protective custody;

193-18 (c) An agency, including, without limitation, an agency in

193-19 another jurisdiction, responsible for or authorized to undertake

193-20 the care, treatment or supervision of:

193-21 (1) The child; or

193-22 (2) The person responsible for the welfare of the child;

193-23 (d) A district attorney or other law enforcement officer who

193-24 requires the information in connection with an investigation or

193-25 prosecution of abuse or neglect of a child;

193-26 (e) [Any] A court, for in camera inspection only, unless the

193-27 court determines that public disclosure of the information is

193-28 necessary for the determination of an issue before it;

193-29 (f) A person engaged in bona fide research or an audit, but

193-30 [any] information identifying the subjects of a report must not be

193-31 made available to him;

193-32 (g) The guardian ad litem of the child;

193-33 (h) A grand jury upon its determination that access to these

193-34 records is necessary in the conduct of its official business;

193-35 (i) An agency which provides protective services or which is

193-36 authorized to receive, investigate and evaluate reports of abuse or

193-37 neglect of a child;

193-38 (j) A person who or an organization that has entered into a

193-39 written agreement with an agency which provides protective

193-40 services to provide assessments or services and that has been

193-41 trained to make such assessments or provide such services;

193-42 (k) A team organized for the protection of a child pursuant to

193-43 NRS 432B.350;

194-1 (l) A team organized pursuant to NRS 432B.405 to review the

194-2 death of a child;

194-3 (m) A parent or legal guardian of the child, if the identity of

194-4 the person responsible for reporting the alleged abuse or neglect

194-5 of the child to a public agency is kept confidential;

194-6 (n) The person named in the report as allegedly being abused

194-7 or neglected, if he is not a minor or otherwise legally

194-8 incompetent;

194-9 (o) An agency [which] that is authorized by law to license

194-10 foster homes or facilities for children or to investigate persons

194-11 applying for approval to adopt a child, if the agency has before it

194-12 an application for that license or is investigating an applicant to

194-13 adopt a child;

194-14 (p) Upon written consent of the parent, any officer of this state

194-15 or a city or county thereof or legislator authorized by the agency

194-16 or department having jurisdiction or by the legislature, acting

194-17 within its jurisdiction, to investigate the activities or programs of

194-18 an agency [which] that provides protective services if:

194-19 (1) The identity of the person making the report is kept

194-20 confidential; and

194-21 (2) The officer, legislator or a member of his family is not

194-22 the person alleged to have committed the abuse or neglect;

194-23 (q) The division of parole and probation of the department of

194-24 motor vehicles and public safety for use pursuant to NRS

194-25 176.135 in making a presentence investigation and report to the

194-26 district court; or

194-27 (r) Any person who is required pursuant to NRS 432B.220 to

194-28 make a report to an agency which provides protective services or

194-29 to a law enforcement agency.

194-30 2. Except as otherwise provided in subsection 3, data or

194-31 information concerning reports and investigations thereof made

194-32 pursuant to this chapter may be made available to any member of

194-33 the general public if the child who is the subject of the report dies

194-34 or is critically injured as a result of alleged abuse or neglect,

194-35 except that the data or information which may be disclosed is

194-36 limited to:

194-37 (a) The fact that a report of abuse or neglect has been made

194-38 and, if appropriate, a factual description of the contents of the

194-39 report;

194-40 (b) Whether an investigation has been initiated pursuant to

194-41 NRS 432B.260, and the result of a completed investigation; and

194-42 (c) Such other information authorized for disclosure by a

194-43 court pursuant to subsection 4.

195-1 3. An agency which provides protective services shall not

195-2 disclose data or information pursuant to subsection 2 if the

195-3 agency determines that the disclosure is not in the best interests

195-4 of the child or if disclosure of the information would adversely

195-5 affect any pending investigation concerning the report.

195-6 4. Upon petition, a court of competent jurisdiction may

195-7 authorize the disclosure of additional information to the public

195-8 pursuant to subsection 2 if good cause is shown by the petitioner

195-9 for the disclosure of the additional information.

195-10 5. An agency investigating a report of the abuse or neglect

195-11 of a child shall, upon request, provide to a person named in the

195-12 report as allegedly causing the abuse or neglect of the child:

195-13 (a) A copy of:

195-14 (1) Any statement made in writing to an investigator for

195-15 the agency by the person named in the report as allegedly

195-16 causing the abuse or neglect of the child; or

195-17 (2) Any recording made by the agency of any statement

195-18 made orally to an investigator for the agency by the person

195-19 named in the report as allegedly causing the abuse or neglect

195-20 of the child; or

195-21 (b) A written summary of the allegations made against the

195-22 person who is named in the report as allegedly causing the

195-23 abuse or neglect of the child. The summary must not identify

195-24 the person responsible for reporting the alleged abuse or

195-25 neglect.

195-26 6. Any person, except for:

195-27 (a) The subject of a report;

195-28 (b) A district attorney or other law enforcement officer

195-29 initiating legal proceedings; or

195-30 (c) An employee of the division of parole and probation of the

195-31 department of motor vehicles and public safety making a

195-32 presentence investigation and report to the district court pursuant

195-33 to NRS 176.135,

195-34 who is given access, pursuant to subsection 1 or 2, to information

195-35 identifying the subjects of a report who makes this information

195-36 public is guilty of a misdemeanor.

195-37 [6.] 7. The division of child and family services shall adopt

195-38 regulations to carry out the provisions of this section.

195-39 Sec. 9. The amendatory provisions of sections 1 to 5.5,

195-40 inclusive, of this act expire by limitation on June 30, 2001.

195-41 Sec. 10. 1. This section and sections 1 to 5.5, inclusive, and

195-42 6 to 9, inclusive, of this act [becomes] become effective on July 1,

195-43 1997.

196-1 2. Section 5.7 of this act becomes effective at 12:01 a.m. on

196-2 July 1, 2001.

196-3 2. Chapter 517, Statutes of Nevada 1997, at page 2478, is hereby

196-4 amended by adding thereto a new section to be designated as section 5.7,

196-5 immediately following section 5.5, to read as follows:

196-6 Sec. 5.7. Section 2 of chapter 240, Statutes of Nevada 1997, at

196-7 page 849, is hereby amended to read as follows:

196-8 Sec. 2. NRS 432B.290 is hereby amended to read as

196-9 follows:

196-10 432B.290 1. [Data] Except as otherwise provided in

196-11 subsection 2, data or information concerning reports and

196-12 investigations thereof made pursuant to this chapter may be made

196-13 available only to:

196-14 (a) A physician who has before him a child who he reasonably

196-15 believes may have been abused or neglected;

196-16 (b) A person authorized to place a child in protective custody ,

196-17 if he has before him a child who he reasonably believes may have

196-18 been abused or neglected and he requires the information to

196-19 determine whether to place the child in protective custody;

196-20 (c) An agency, including, without limitation, an agency in

196-21 another jurisdiction, responsible for or authorized to undertake

196-22 the care, treatment or supervision of:

196-23 (1) The child; or

196-24 (2) The person responsible for the welfare of the child;

196-25 (d) A district attorney or other law enforcement officer who

196-26 requires the information in connection with an investigation or

196-27 prosecution of abuse or neglect of a child;

196-28 (e) [Any] A court, for in camera inspection only, unless the

196-29 court determines that public disclosure of the information is

196-30 necessary for the determination of an issue before it;

196-31 (f) A person engaged in bona fide research or an audit, but

196-32 [any] information identifying the subjects of a report must not be

196-33 made available to him;

196-34 (g) The guardian ad litem of the child;

196-35 (h) A grand jury upon its determination that access to these

196-36 records is necessary in the conduct of its official business;

196-37 (i) An agency which provides protective services or which is

196-38 authorized to receive, investigate and evaluate reports of abuse or

196-39 neglect of a child;

196-40 (j) A team organized for the protection of a child pursuant to

196-41 NRS 432B.350;

197-1 (k) A parent or legal guardian of the child, if the identity of

197-2 the person responsible for reporting the alleged abuse or neglect

197-3 of the child to a public agency is kept confidential;

197-4 (l) The person named in the report as allegedly being abused

197-5 or neglected, if he is not a minor or otherwise legally

197-6 incompetent;

197-7 (m) An agency [which] that is authorized by law to license

197-8 foster homes or facilities for children or to investigate persons

197-9 applying for approval to adopt a child, if the agency has before it

197-10 an application for that license or is investigating an applicant to

197-11 adopt a child;

197-12 (n) Upon written consent of the parent, any officer of this state

197-13 or a city or county thereof or legislator authorized, by the agency

197-14 or department having jurisdiction or by the legislature, acting

197-15 within its jurisdiction, to investigate the activities or programs of

197-16 an agency [which] that provides protective services if:

197-17 (1) The identity of the person making the report is kept

197-18 confidential; and

197-19 (2) The officer, legislator or a member of his family is not

197-20 the person alleged to have committed the abuse or neglect; or

197-21 (o) The division of parole and probation of the department of

197-22 motor vehicles and public safety for use pursuant to NRS

197-23 176.135 in making a presentence investigation and report to the

197-24 district court.

197-25 2. An agency investigating a report of the abuse or neglect

197-26 of a child shall, upon request, provide to a person named in the

197-27 report as allegedly causing the abuse or neglect of the child:

197-28 (a) A copy of:

197-29 (1) Any statement made in writing to an investigator for

197-30 the agency by the person named in the report as allegedly

197-31 causing the abuse or neglect of the child; or

197-32 (2) Any recording made by the agency of any statement

197-33 made orally to an investigator for the agency by the person

197-34 named in the report as allegedly causing the abuse or neglect

197-35 of the child; or

197-36 (b) A written summary of the allegations made against the

197-37 person who is named in the report as allegedly causing the

197-38 abuse or neglect of the child. The summary must not identify

197-39 the person responsible for reporting the alleged abuse or

197-40 neglect.

197-41 3. Any person, except for:

197-42 (a) The subject of a report;

198-1 (b) A district attorney or other law enforcement officer

198-2 initiating legal proceedings; or

198-3 (c) An employee of the division of parole and probation of the

198-4 department of motor vehicles and public safety making a

198-5 presentence investigation and report to the district court pursuant

198-6 to NRS 176.135,

198-7 who is given access, pursuant to subsection 1, to information

198-8 identifying the subjects of a report who makes this information

198-9 public is guilty of a misdemeanor.

198-10 [3.] 4. The division of child and family services shall adopt

198-11 regulations to carry out the provisions of this section.

198-12 Sec. 65. Sections 1 and 6 of chapter 521, Statutes of Nevada 1997, at

198-13 pages 2484 and 2486, respectively, are hereby amended to read

198-14 respectively as follows:

198-15 Section 1. NRS 353.185 is hereby amended to read as follows:

198-16 353.185 The powers and duties of the chief are:

198-17 1. To appraise the quantity and quality of services rendered by

198-18 each agency in the executive department of the state government,

198-19 and the needs for such services and for any new services.

198-20 2. To develop plans for improvements and economies in

198-21 organization and operation of the executive department, and to

198-22 install such plans as are approved by the respective heads of the

198-23 various agencies of the executive department, or as are directed to

198-24 be installed by the governor or the legislature.

198-25 3. To cooperate with the state public works board in developing

198-26 comprehensive, long-range plans for capital improvements and the

198-27 means for financing them.

198-28 4. To devise and prescribe the forms for reports on the

198-29 operations of the agencies in the executive department to be

198-30 required periodically from the several agencies in the executive

198-31 department, and to require the several agencies to make such

198-32 reports.

198-33 5. To prepare the executive budget report for the governor’s

198-34 approval and submission to the legislature.

198-35 6. To prepare a proposed budget for the executive department

198-36 of the state government for the next 2 fiscal years, which [proposed

198-37 budget] must:

198-38 (a) Present a complete financial plan for the next 2 fiscal years;

198-39 (b) Set forth all proposed expenditures for the administration,

198-40 operation and maintenance of the departments, institutions and

198-41 agencies of the executive department of the state government,

198-42 including those operating on funds designated for specific purposes

199-1 by the constitution or otherwise [;] , which must include a separate

199-2 statement of:

199-3 (1) The anticipated expense, including personnel, for the

199-4 operation and maintenance of each capital improvement to be

199-5 constructed during the next 2 fiscal years and of each capital

199-6 improvement constructed on or after July 1, 1999, which is to be

199-7 used during those fiscal years or a future fiscal year; and

199-8 (2) The proposed source of funding for the operation and

199-9 maintenance of each capital improvement, including personnel,

199-10 to be constructed during the next 2 fiscal years;

199-11 (c) Set forth all charges for interest and debt redemption

199-12 [charges] during the next 2 fiscal years;

199-13 (d) Set forth all expenditures for capital projects to be

199-14 undertaken and executed during the next 2 fiscal years; and

199-15 (e) Set forth the anticipated revenues of the state government,

199-16 and any other additional means of financing the expenditures

199-17 proposed for the next 2 fiscal years.

199-18 7. To examine and approve work programs and allotments to

199-19 the several agencies in the executive department, and changes

199-20 therein.

199-21 8. To examine and approve statements and reports on the

199-22 estimated future financial condition and the operations of the

199-23 agencies in the executive department of the state government and

199-24 the several budgetary units [, which] that have been prepared by

199-25 those agencies and budgetary units, before [any such] the reports

199-26 are released to the governor, to the legislature, or for publication.

199-27 9. To receive and deal with requests for information as to the

199-28 budgetary status and operations of the executive agencies of the

199-29 state government.

199-30 10. To prepare such statements of unit costs and other statistics

199-31 relating to [costs] cost as may be required from time to time, or

199-32 requested by the governor or the legislature.

199-33 11. To do and perform such other and further duties relative to

199-34 the development and submission of an adequate proposed budget

199-35 for the executive department of the state government of the State of

199-36 Nevada as the governor may require.

199-37 Sec. 6. 1. This section and sections 2 to 5, inclusive, of this

199-38 act [becomes] become effective on July 1, 1997.

199-39 2. Section 1 of this act becomes effective at 12:01 a.m. on

199-40 July 1, 1997.

200-1 Sec. 66. Section 34 of chapter 522, Statutes of Nevada 1997, at page

200-2 2489, is hereby amended to read as follows:

200-3 Sec. 34. NRS 392.330 is hereby amended to read as follows:

200-4 392.330 1. In addition to the purposes authorized by NRS

200-5 392.320, a board of trustees may use transportation funds of the

200-6 school district for [arranging] :

200-7 (a) Arranging and paying for transportation , in accordance

200-8 with subsection 2, by motor vehicles or otherwise, by contract or

200-9 such other arrangement as the board finds most economical,

200-10 expedient and feasible and for the best interests of the school

200-11 district.

200-12 (b) Purchasing tickets for public buses for use by pupils

200-13 enrolled in high school to travel to and from school.

200-14 2. Such transportation may be arranged and contracted for by a

200-15 board of trustees with:

200-16 (a) Any railroad company holding a certificate of public

200-17 convenience and necessity issued by the public utilities commission

200-18 of Nevada or bus company or other licensed common carrier

200-19 holding a certificate of public convenience and necessity issued by

200-20 the transportation services authority.

200-21 (b) The owners and operators of private automobiles or other

200-22 private motor vehicles, including parents of pupils who attend

200-23 school and are entitled to transportation. When required by the

200-24 board of trustees, every such private automobile or other private

200-25 motor vehicle regularly transporting pupils must be insured in the

200-26 amount required by regulation of the state board [of education]

200-27 against the loss and damage described in subsection 2 of NRS

200-28 392.320.

200-29 Sec. 67. Sections 9 and 13 of chapter 524, Statutes of Nevada 1997, at

200-30 pages 2505 and 2509, respectively, are hereby amended to read

200-31 respectively as follows:

200-32 Sec. 9. NRS 176.185 is hereby amended to read as follows:

200-33 176.185 1. Except as otherwise provided in this section,

200-34 [whenever] section 3 of Assembly Bill No. 240 of this session and

200-35 section 7 of this act, if a person is found guilty in a district court of

200-36 a crime upon verdict or plea, except in cases of murder of the first

200-37 or second degree, kidnaping in the first degree, sexual assault,

200-38 attempted sexual assault of a child who is less than 16 years of age,

200-39 an offense for which the suspension of sentence or the granting of

200-40 probation is expressly forbidden, or [where] if the person is found

200-41 to be a habitual criminal pursuant to NRS 207.010, a habitually

200-42 fraudulent felon pursuant to NRS 207.014 or a habitual felon

200-43 pursuant to NRS 207.012, the court:

201-1 (a) If the person is found guilty of a category E felony, shall

201-2 suspend the execution of the sentence imposed and grant probation

201-3 to the person pursuant to NRS 193.130; or

201-4 (b) If the person is found guilty of any other felony, a gross

201-5 misdemeanor or a misdemeanor, may suspend the execution of the

201-6 sentence imposed and grant probation as the court deems advisable.

201-7 2. In determining whether to place a person on probation, the

201-8 court shall not consider whether the person has the financial ability

201-9 to participate in a program of probation secured by a surety bond

201-10 established pursuant to NRS 176.1851 to 176.18525, inclusive.

201-11 3. [The court may grant probation to a person convicted of

201-12 indecent or obscene exposure or of lewdness only if a certificate of

201-13 a psychologist or psychiatrist, as required by NRS 201.210,

201-14 201.220 or 201.230, is received by the court.] The court shall

201-15 consider the standards adopted pursuant to NRS 213.10988 and the

201-16 recommendation of the chief parole and probation officer, if any, in

201-17 determining whether to grant probation.

201-18 4. If the court determines that a defendant is otherwise eligible

201-19 for probation but requires more supervision than would normally be

201-20 provided to a person granted probation, the court may, in lieu of

201-21 sentencing him to a term of imprisonment, grant him probation

201-22 pursuant to the program of intensive supervision established

201-23 pursuant to NRS 176.198.

201-24 5. The court shall not, except as otherwise provided in this

201-25 subsection, grant probation to a person convicted of a felony until

201-26 the court receives a written report from the chief parole and

201-27 probation officer. The chief parole and probation officer shall

201-28 submit a written report not later than 45 days following a request for

201-29 a probation investigation from the county clerk, but if a report is not

201-30 submitted by the chief parole and probation officer within 45 days

201-31 the district judge may grant probation without the written report.

201-32 6. If the court determines that a defendant is otherwise eligible

201-33 for probation, the court shall when determining the conditions of

201-34 that probation consider the imposition of such conditions as would

201-35 facilitate timely payments by the defendant of his obligation, if any,

201-36 for the support of a child and the payment of any such obligation

201-37 which is in arrears.

201-38 Sec. 13. Section 13 of Senate Bill No. 133 of this session is

201-39 hereby amended to read as follows:

201-40 Sec. 13. NRS 176.185 is hereby amended to read as follows:

201-41 176.185 1. Except as otherwise provided in this section,

201-42 section 3 of Assembly Bill No. 240 of this session and section 7

201-43 of [this act,] Senate Bill No. 5 of this session, if a person is

202-1 found guilty in a district court [of a crime] upon verdict or plea [,

202-2 except in cases of murder] of:

202-3 (a) Murder of the first or second degree, kidnaping in the first

202-4 degree, sexual assault, attempted sexual assault of a child who is

202-5 less than 16 years of age, an offense for which the suspension of

202-6 sentence or the granting of probation is expressly forbidden, or if

202-7 the person is found to be a habitual criminal pursuant to NRS

202-8 207.010, a habitually fraudulent felon pursuant to NRS 207.014

202-9 or a habitual felon pursuant to NRS 207.012, the court [:

202-10 (a) If the person is found guilty of a] shall not suspend the

202-11 execution of the sentence imposed or grant probation to the

202-12 person.

202-13 (b) A category E felony, except as otherwise provided in this

202-14 paragraph, the court shall suspend the execution of the sentence

202-15 imposed and grant probation to the person . [pursuant to NRS

202-16 193.130; or

202-17 (b) If the person is found guilty of any other] The court may,

202-18 as it deems advisable, decide not to suspend the execution of

202-19 the sentence imposed and grant probation to the person if, at

202-20 the time the crime was committed, the person:

202-21 (1) Was serving a term of probation, whether in this state

202-22 or elsewhere, for a felony conviction;

202-23 (2) Had previously had his probation revoked, whether in

202-24 this state or elsewhere, for a felony conviction; or

202-25 (3) Had previously been two times convicted, whether in

202-26 this state or elsewhere, of a crime that under the laws of the

202-27 situs of the crime or of this state would amount to a felony.

202-28 If the person denies the existence of a previous conviction, the

202-29 court shall determine the issue of the previous conviction after

202-30 hearing all relevant evidence presented on the issue by the

202-31 prosecution and the person. At such a hearing, the person may

202-32 not challenge the validity of a previous conviction. For the

202-33 purposes of this paragraph, a certified copy of a felony

202-34 conviction is prima facie evidence of conviction of a prior

202-35 felony.

202-36 (c) Another felony, a gross misdemeanor or a misdemeanor,

202-37 the court may suspend the execution of the sentence imposed and

202-38 grant probation as the court deems advisable.

202-39 2. In determining whether to place a person on probation, the

202-40 court shall not consider whether the person has the financial

202-41 ability to participate in a program of probation secured by a

202-42 surety bond established pursuant to NRS 176.1851 to 176.18525,

202-43 inclusive.

203-1 3. The court shall consider the standards adopted pursuant to

203-2 NRS 213.10988 and the recommendation of the chief parole and

203-3 probation officer, if any, in determining whether to grant

203-4 probation.

203-5 4. If the court determines that a defendant is otherwise

203-6 eligible for probation but requires more supervision than would

203-7 normally be provided to a person granted probation, the court

203-8 may, in lieu of sentencing him to a term of imprisonment, grant

203-9 him probation pursuant to the program of intensive supervision

203-10 established pursuant to NRS 176.198.

203-11 5. The court shall not, except as otherwise provided in this

203-12 subsection, grant probation to a person convicted of a felony until

203-13 the court receives a written report from the chief parole and

203-14 probation officer. The chief parole and probation officer shall

203-15 submit a written report not later than 45 days following a request

203-16 for a probation investigation from the county clerk, but if a report

203-17 is not submitted by the chief parole and probation officer within

203-18 45 days the district judge may grant probation without the written

203-19 report.

203-20 6. If the court determines that a defendant is otherwise

203-21 eligible for probation, the court shall when determining the

203-22 conditions of that probation consider the imposition of such

203-23 conditions as would facilitate timely payments by the defendant

203-24 of his obligation, if any, for the support of a child and the

203-25 payment of any such obligation which is in arrears.

203-26 Sec. 68. 1. Sections 6 and 7 of chapter 528, Statutes of Nevada

203-27 1997, at page 2520, are hereby amended to read respectively as follows:

203-28 Sec. 6. NRS 62.360 is hereby amended to read as follows:

203-29 62.360 1. The court shall make and keep records of all cases

203-30 brought before it.

203-31 2. The records may be opened to inspection only by order of

203-32 the court to persons having a legitimate interest therein except that a

203-33 release without a court order may be made of any:

203-34 (a) Records of traffic violations which are being forwarded to

203-35 the department of motor vehicles and public safety;

203-36 (b) Records which have not been sealed and are required by the

203-37 division of parole and probation of the department of motor

203-38 vehicles and public safety for preparation of presentence reports

203-39 pursuant to NRS 176.135;

203-40 (c) Information maintained in the standardized system

203-41 established pursuant to NRS 62.420; [and]

204-1 (d) Records which have not been sealed and which are to be

204-2 used, pursuant to sections 22 to 77, inclusive, of [this act,] Senate

204-3 Bill No. 325 of this session, by:

204-4 (1) The central repository for Nevada records of criminal

204-5 history;

204-6 (2) The division of parole and probation of the department of

204-7 motor vehicles and public safety; or

204-8 (3) A person who is conducting an assessment of the risk of

204-9 recidivism of an adult or juvenile sex offender [.] ; and

204-10 (e) Information that must be collected by the division of child

204-11 and family services of the department of human resources

204-12 pursuant to section 5 of this act.

204-13 3. The clerk of the court shall prepare and cause to be printed

204-14 forms for social and legal records and other papers as may be

204-15 required.

204-16 4. Whenever the conduct of a child with respect to whom the

204-17 jurisdiction of the juvenile court has been invoked may be the basis

204-18 of a civil action, any party to the civil action may petition the court

204-19 for release of the child’s name, and upon satisfactory showing to the

204-20 court that the purpose in obtaining the information is for use in a

204-21 civil action brought or to be brought in good faith, the court shall

204-22 order the release of the child’s name and authorize its use in the

204-23 civil action.

204-24 Sec. 7. NRS 62.370 is hereby amended to read as follows:

204-25 62.370 1. Except as otherwise provided in section 91.1 of

204-26 Senate Bill No. 325 of this session and section 3 of [this act,]

204-27 Senate Bill No. 285 of this session, if a child is taken into custody

204-28 by a peace officer, is taken before a probation officer, or appears

204-29 before a judge or master of a juvenile court, district court, justice’s

204-30 court or municipal court, the child or a probation officer on his

204-31 behalf may petition for the sealing of all records relating to the

204-32 child, including records of arrest, but not including records relating

204-33 to misdemeanor traffic violations, in the custody of the juvenile

204-34 court, district court, justice’s court or municipal court, probation

204-35 officer, law enforcement agency, or any other agency or public

204-36 official, if:

204-37 (a) Three years or more have elapsed after termination of the

204-38 jurisdiction of the juvenile court; or

204-39 (b) Three years or more have elapsed since the child was last

204-40 referred to the juvenile court and the child has never been declared

204-41 a ward of the court.

204-42 2. The court shall notify the district attorney of the county and

204-43 the probation officer, if he is not the petitioner. The district

205-1 attorney, probation officer, any of their deputies or any other

205-2 persons having relevant evidence may testify at the hearing on the

205-3 petition.

205-4 3. If, after the hearing, the court finds that, since such

205-5 termination of jurisdiction, the child has not been convicted of a

205-6 felony or of any misdemeanor involving moral turpitude and that

205-7 rehabilitation has been attained to the satisfaction of the court, it

205-8 shall order all records, papers and exhibits in the juvenile’s case in

205-9 the custody of the juvenile court, district court, justice’s court,

205-10 municipal court, probation officer, law enforcement agency or any

205-11 other agency or public official sealed. Other records relating to the

205-12 case, in the custody of such other agencies and officials as are

205-13 named in the order, must also be ordered sealed.

205-14 4. Except as otherwise provided in section 91.1 of Senate Bill

205-15 No. 325 of this session and section 3 of [this act,] Senate Bill No.

205-16 285 of this session, all records relating to a child must be

205-17 automatically sealed when the child reaches 24 years of age.

205-18 5. The court shall send a copy of the order sealing the records

205-19 of a child to each agency and official named therein. Each agency

205-20 and official shall, within 5 days after receipt of the order:

205-21 (a) Seal records in its custody, as directed by the order.

205-22 (b) Advise the court of its compliance.

205-23 (c) Seal the copy of the court’s order that it or he received.

205-24 6. If the court orders the records sealed, all proceedings

205-25 recounted in the records are deemed never to have occurred, and the

205-26 person who is the subject of the records may properly reply

205-27 accordingly to any inquiry concerning the proceedings and the

205-28 events which brought about the proceedings.

205-29 7. The person who is the subject of records sealed pursuant to

205-30 this section may petition the court to permit inspection of the

205-31 records by a person named in the petition and the court may order

205-32 the inspection.

205-33 8. The court may, upon the application of a district attorney or

205-34 an attorney representing a defendant in a criminal action, order an

205-35 inspection of the records for the purpose of obtaining information

205-36 relating to persons who were involved in the incident recorded.

205-37 9. The court may, upon its own motion and for the purpose of

205-38 sentencing a convicted adult who is under 21 years of age, inspect

205-39 any records of that person which are sealed pursuant to this section.

205-40 10. An agency charged with the medical or psychiatric care of a

205-41 person may petition the court to unseal his juvenile records.

205-42 11. The provisions of this section do not apply to [any]

205-43 information maintained in the standardized system established

206-1 pursuant to NRS 62.420 [.] or information that must be collected

206-2 by the division of child and family services of the department of

206-3 human resources pursuant to section 5 of this act.

206-4 12. As used in this section, "seal" means placing the records in

206-5 a separate file or other repository not accessible to the general

206-6 public.

206-7 2. Chapter 528, Statutes of Nevada 1997, at page 2521, is hereby

206-8 amended by adding thereto new sections to be designated as sections 8 and

206-9 9, immediately following section 7, to read respectively as follows:

206-10 Sec. 8. Section 5 of chapter 445, Statutes of Nevada 1997, at

206-11 page 1565, is hereby amended to read as follows:

206-12 Sec. 5. NRS 62.370 is hereby amended to read as follows:

206-13 62.370 1. Except as otherwise provided in section 91.1 of

206-14 [this act,] Senate Bill No. 325 of this session and section 3 of

206-15 this act, if a child is taken into custody by a peace officer, is

206-16 taken before a probation officer, or appears before a judge or

206-17 master of a juvenile court, district court, justice’s court or

206-18 municipal court, the child or a probation officer on his behalf

206-19 may petition for the sealing of all records relating to the child,

206-20 including records of arrest, but not including records relating to

206-21 misdemeanor traffic violations, in the custody of the juvenile

206-22 court, district court, justice’s court or municipal court, probation

206-23 officer, law enforcement agency, or any other agency or public

206-24 official, if:

206-25 (a) Three years or more have elapsed after termination of the

206-26 jurisdiction of the juvenile court; or

206-27 (b) Three years or more have elapsed since the child was last

206-28 referred to the juvenile court and the child has never been

206-29 declared a ward of the court.

206-30 2. The court shall notify the district attorney of the county

206-31 and the probation officer, if he is not the petitioner. The district

206-32 attorney, probation officer, any of their deputies or any other

206-33 persons having relevant evidence may testify at the hearing on

206-34 the petition.

206-35 3. If, after the hearing, the court finds that, since such

206-36 termination of jurisdiction, the child has not been convicted of a

206-37 felony or of any misdemeanor involving moral turpitude and that

206-38 rehabilitation has been attained to the satisfaction of the court, it

206-39 shall order all records, papers and exhibits in the juvenile’s case

206-40 in the custody of the juvenile court, district court, justice’s court,

206-41 municipal court, probation officer, law enforcement agency or

206-42 any other agency or public official sealed. Other records relating

207-1 to the case, in the custody of such other agencies and officials as

207-2 are named in the order, must also be ordered sealed.

207-3 4. Except as otherwise provided in section 91.1 of [this act,]

207-4 Senate Bill No. 325 of this session and section 3 of this act, all

207-5 records relating to a child must be automatically sealed when the

207-6 child reaches 24 years of age.

207-7 5. The court shall send a copy of the order sealing the

207-8 records of a child to each agency and official named therein.

207-9 Each agency and official shall, within 5 days after receipt of the

207-10 order:

207-11 (a) Seal records in its custody, as directed by the order.

207-12 (b) Advise the court of its compliance.

207-13 (c) Seal the copy of the court’s order that it or he received.

207-14 6. If the court orders the records sealed, all proceedings

207-15 recounted in the records are deemed never to have occurred, and

207-16 the person who is the subject of the records may properly reply

207-17 accordingly to any inquiry concerning the proceedings and the

207-18 events which brought about the proceedings.

207-19 7. The person who is the subject of records sealed pursuant

207-20 to this section may petition the court to permit inspection of the

207-21 records by a person named in the petition and the court may order

207-22 the inspection.

207-23 8. The court may, upon the application of a district attorney

207-24 or an attorney representing a defendant in a criminal action, order

207-25 an inspection of the records for the purpose of obtaining

207-26 information relating to persons who were involved in the incident

207-27 recorded.

207-28 9. The court may, upon its own motion and for the purpose

207-29 of sentencing a convicted adult who is under 21 years of age,

207-30 inspect any records of that person which are sealed pursuant to

207-31 this section.

207-32 10. An agency charged with the medical or psychiatric care

207-33 of a person may petition the court to unseal his juvenile records.

207-34 11. The provisions of this section do not apply to any

207-35 information maintained in the standardized system established

207-36 pursuant to NRS 62.420.

207-37 12. As used in this section, "seal" means placing the records

207-38 in a separate file or other repository not accessible to the general

207-39 public.

207-40 Sec. 9. 1. This section and section 8 of this act become

207-41 effective on September 30, 1997.

207-42 2. Section 7 of this act becomes effective at 12:01 a.m. on

207-43 October 1, 1997.

208-1 Sec. 69. Section 2 of chapter 530, Statutes of Nevada 1997, at

208-2 page 2524, is hereby amended to read as follows:

208-3 Sec. 2. Chapter 484 of NRS is hereby amended by adding

208-4 thereto a new section to read as follows:

208-5 1. Except as otherwise provided in subsection 3, a person

208-6 driving a motor vehicle during the hours of daylight at a speed in

208-7 excess of the speed limit posted by a public authority for the

208-8 portion of highway being traversed shall be punished by a fine of

208-9 $25 if:

208-10 (a) The posted speed limit is 60 miles per hour and the person

208-11 is not exceeding a speed of 70 miles per hour.

208-12 (b) The posted speed limit is 65 miles per hour and the person

208-13 is not exceeding a speed of 75 miles per hour.

208-14 (c) The posted speed limit is 70 miles per hour and the person

208-15 is not exceeding a speed of 75 miles per hour.

208-16 2. A violation of the speed limit under any of the

208-17 circumstances set forth in subsection 1 must not be recorded by

208-18 the department on a driver’s record and shall not be deemed a

208-19 moving traffic violation.

208-20 3. The provisions of this section do not apply to a violation

208-21 specified in subsection 1 that occurs in a county whose population

208-22 is 100,000 or more.

208-23 Sec. 70. 1. Sections 3, 4 and 5 of chapter 540, Statutes of Nevada

208-24 1997, at pages 2550, 2551 and 2553, respectively, are hereby amended to

208-25 read respectively as follows:

208-26 Sec. 3. NRS 704A.180 is hereby amended to read as follows:

208-27 704A.180 1. Within 15 days after the receipt of [the petition,]

208-28 a petition to establish a service district, each public utility

208-29 corporation other than the municipality shall notify the municipality

208-30 of the [petition’s] receipt of the petition and shall request the

208-31 municipality to notify the public utility corporation of the basis to

208-32 be used by the municipality in the apportionment of the costs

208-33 related to the installation of the facility underground to be

208-34 defrayed by special assessments levied against the specially

208-35 benefited lots within the proposed service district if the facilities of

208-36 the public utility corporation therein are to be placed underground

208-37 [under] pursuant to this chapter.

208-38 2. Within 30 days of the receipt by the municipality of each

208-39 such request, or, if the public utility corporation is the municipality,

208-40 the petition, the local governing body shall state, by resolution, the

208-41 basis for the apportionment of those costs by assessments against

208-42 the specially benefited lots, subject to the provisions of subsections

208-43 5 and 6 of NRS 704A.240, and shall forthwith cause a certified true

209-1 copy of the resolution pertaining to each public utility corporation

209-2 requesting the basis of assessments to be furnished thereto.

209-3 3. Within 120 days after receipt of the basis for assessments, or,

209-4 if the public utility corporation is the municipality, after the

209-5 adoption of the resolution, each public utility corporation serving

209-6 the area shall:

209-7 (a) Make a study of the cost of providing new underground

209-8 electric and communication facilities or conversion of its facilities

209-9 in the area to underground service.

209-10 (b) Make available in its office to the petitioners and to all

209-11 owners of real property within the proposed service district a joint

209-12 report of the results of the study of the public utility corporations

209-13 affected.

209-14 4. If a public utility corporation subject to the jurisdiction of

209-15 the public utilities commission of Nevada determines as a result of

209-16 the study that installation of the proposed service is not

209-17 economically or technically feasible, it may, with the concurrence

209-18 of the public utilities commission of Nevada, so state in the joint

209-19 report and proceed no further toward installation of the proposed

209-20 service. [Nothing in this chapter requires] This chapter does not

209-21 require the public utilities commission of Nevada to participate in

209-22 preparation of the joint report referred to in this section.

209-23 5. If a public utility corporation is a city or county and if it

209-24 determines as a result of the study that installation of the proposed

209-25 service is not economically or technically feasible, it may, with the

209-26 concurrence of its governing body, as provided by resolution , so

209-27 state in the joint report and proceed no further toward installation of

209-28 the proposed service.

209-29 6. Except for the facilities of each public utility corporation

209-30 described in subsection 4 or 5, if any, the joint report must:

209-31 (a) Contain an estimate of the costs to be assessed to each lot of

209-32 real property located within the proposed service district for the

209-33 construction of new facilities or conversion of facilities within

209-34 public places.

209-35 (b) Indicate the estimated cost to be assessed to each lot of real

209-36 property for placing underground the facilities of the public utility

209-37 corporation located within the boundaries of each lot.

209-38 (c) Indicate the estimated cost, if any, to be borne by the public

209-39 utility corporation for any facilities to be provided by it and which

209-40 remain its property rather than becoming property of owners of

209-41 individual lots, as provided by regulations of the public utilities

209-42 commission of Nevada in the case of a public utility corporation

209-43 other than a city or county, and, in the case of any public utility

210-1 corporation, by any other applicable laws, ordinances, rules or

210-2 regulations.

210-3 7. The costs of preparing the joint report must be borne by the

210-4 public utility corporation or corporations whose electric or

210-5 communication facilities are to be included in the proposed service

210-6 district unless the governing body orders the establishment of the

210-7 service district, in which event the costs must be included in the

210-8 costs of the service district.

210-9 Sec. 4. NRS 704A.240 is hereby amended to read as follows:

210-10 704A.240 1. At the place, date and hour specified for the

210-11 hearing in the notice or at any subsequent time to which the hearing

210-12 may be adjourned , the governing body shall give full consideration

210-13 to all written objections which have been filed and shall hear all

210-14 owners of real property within the proposed service district desiring

210-15 to be heard.

210-16 2. If the governing body determines [at] after the hearing that

210-17 [:] an existing or a new electric facility must be placed

210-18 underground and that:

210-19 (a) The requirements for the establishment of a service district

210-20 have been satisfied;

210-21 (b) Objections have not been filed in writing by more than 40

210-22 percent of the owners of real property within the proposed service

210-23 district, or by owners of more than 40 percent of the real property

210-24 on a square foot basis in the proposed service district;

210-25 (c) Considering all objections, the cost of construction or

210-26 conversion as contained in the joint report prepared pursuant to

210-27 NRS 704A.180 is economically and technically feasible for the

210-28 public utility corporations involved and the owners of real property

210-29 affected; and

210-30 (d) The proposed service district is a reasonably compact area

210-31 [of reasonable size,] which encompasses areas that will benefit

210-32 from the installation of the facility underground,

210-33 the governing body shall enact an ordinance establishing the area as

210-34 a service district.

210-35 3. The ordinance must:

210-36 (a) State the costs to be assessed to each lot in the service

210-37 district, including the appropriate share of all costs referred to in

210-38 NRS 704A.180 and 704A.210.

210-39 (b) Direct the public utility corporation owning overhead electric

210-40 or communication facilities within the service district to construct

210-41 or convert such facilities to underground facilities and, in the case

210-42 of a public utility corporation other than a city or county, to

210-43 construct or convert such facilities in accordance with standard

211-1 underground practices and procedures approved by the public

211-2 utilities commission of Nevada.

211-3 (c) State the method of levying assessments, the number of

211-4 installments, and the times when the costs assessed will be payable.

211-5 4. Before enacting an ordinance establishing a service district,

211-6 the governing body shall exclude by resolution or ordinance any

211-7 territory described in the petition which the governing body finds

211-8 will not be benefited by inclusion in the service district or for which

211-9 [territory] underground construction or conversion is not

211-10 economically or technically feasible.

211-11 5. The basis for apportioning the assessments:

211-12 (a) Must be in proportion to the special benefits derived to each

211-13 of the several lots comprising the assessable property within the

211-14 service district; and

211-15 (b) Must be on a front foot, area, zone or other equitable basis as

211-16 determined by the governing body.

211-17 6. Regardless of the basis used for the apportionment of

211-18 assessments, in cases of wedge or V or any other irregularly shaped

211-19 lots, an amount apportioned thereto must be in proportion to the

211-20 special benefits thereby derived.

211-21 7. The assessable property in the service districts consists of the

211-22 lots specially benefited by the construction or conversion of service

211-23 facilities, except:

211-24 (a) Any lot owned by the Federal Government in the absence of

211-25 consent of Congress to its assessment; and

211-26 (b) Any lot owned by the municipality.

211-27 Sec. 5. NRS 704A.300 is hereby amended to read as follows:

211-28 704A.300 1. The service facilities within the boundaries of

211-29 each lot within an underground [conversion] service district must be

211-30 placed underground at the same time as or after the underground

211-31 system in private easements and public places is placed

211-32 underground. The public utility corporation involved, directly or

211-33 through a contractor, shall, in accordance with the rules and

211-34 regulations of the public utility corporation, but subject to the

211-35 regulations of the public utilities commission of Nevada in the case

211-36 of a public utility corporation other than a city or county, and, in the

211-37 case of any utility corporation, subject to any other applicable laws,

211-38 ordinances, rules or regulations of the municipality or any other

211-39 public agency under the police power, convert to underground its

211-40 facilities on any such lot in the case of:

211-41 (a) An electric public utility, up to the service entrance.

211-42 (b) A communication public utility, to the connection point

211-43 within the house or structure.

212-1 2. All costs or expenses of conversion must be included in the

212-2 costs on which the underground conversion cost for such property is

212-3 calculated, as provided in this chapter.

212-4 2. Chapter 540, Statutes of Nevada 1997, at page 2553, is hereby

212-5 amended by adding thereto a new section to be designated as section 7,

212-6 immediately following section 6, to read as follows:

212-7 Sec. 7. Sections 3, 4 and 5 of this act become effective at

212-8 12:01 a.m. on October 1, 1997.

212-9 Sec. 71. 1. Sections 16 and 17 of chapter 542, Statutes of Nevada

212-10 1997, at page 2574, are hereby amended to read respectively as follows:

212-11 Sec. 16. 1. NRS 279.010, 279.020, 279.030, 279.040,

212-12 279.050, 279.060, 279.070, 279.080, 279.090, 279.100, 279.110,

212-13 279.120, 279.130, 279.140, 279.150, 279.160, 279.170, 279.180,

212-14 279.190, 279.200, 279.210, 279.220, 279.230, 279.240, 279.250,

212-15 279.260, 279.270, 279.280, 279.285, 279.290, 279.300, 279.310,

212-16 279.311, 279.312, 279.313, 279.314, 279.315, 279.316, 279.317,

212-17 279.318, 279.320, 279.330, 279.340, 279.350, 279.360, 279.370,

212-18 279.380, 279.677, 361B.010, 361B.020, 361B.030, 361B.040,

212-19 361B.050, 361B.060, 361B.070, 361B.080, 361B.090, 361B.100,

212-20 361B.110, 361B.120, 361B.130, 361B.140, 361B.150, 361B.160,

212-21 361B.170, 361B.180, 361B.190, 361B.200, 361B.210, 361B.220,

212-22 361B.230, 361B.240, 361B.250, 361B.270, 361B.280, 361B.285,

212-23 361B.290, 361B.300, 361B.305 and 361B.310, section 40 of

212-24 chapter 447, Statutes of Nevada 1997, at page 1612, section 279

212-25 of chapter 482, Statutes of Nevada 1997, at page 1990, and

212-26 sections 9 and 10 of chapter 585, Statutes of Nevada 1997, at

212-27 pages 2871 and 2874, respectively, are hereby repealed.

212-28 2. NRS 361B.260 is hereby repealed.

212-29 Sec. 17. 1. This section and sections 1 to [15,] 14.2,

212-30 inclusive, and 15 of this act and subsection 1 of section 16 of this

212-31 act become effective on June 30, 1997.

212-32 2. Section 14.3 of this act becomes effective at 12:01 a.m. on

212-33 June 30, 1997.

212-34 3. Subsection 2 of section 16 of this act becomes effective at

212-35 12:01 a.m. on July 1, 1997.

212-36 2. Chapter 542, Statutes of Nevada 1997, at page 2574, is hereby

212-37 amended by adding thereto new sections to be designated as sections 14.1,

212-38 14.2 and 14.3, immediately following section 14, to read respectively as

212-39 follows:

212-40 Sec. 14.1. Section 88 of chapter 447, Statutes of Nevada 1997,

212-41 at page 1633, is hereby amended to read as follows:

212-42 Sec. 88. 1. This section and sections 1 to 3, inclusive,

212-43 sections 5 to 13, inclusive, sections 15 to 19, inclusive, sections

213-1 21 to 29, inclusive, sections 33 to 39, inclusive, sections 41 to

213-2 87, inclusive, and section 89 of this act become effective upon

213-3 passage and approval.

213-4 2. Sections 20, 30, 31 and 32 of this act become effective at

213-5 12:01 a.m. on July 1, 1997.

213-6 3. Sections 4 and 14 of this act become effective at 12:01

213-7 a.m. on October 1, 1997.

213-8 Sec. 14.2. Section 345 of chapter 482, Statutes of Nevada 1997,

213-9 at page 2023, is hereby amended to read as follows:

213-10 Sec. 345. 1. This section and sections 4, 20, 21, 22, 27 to

213-11 54, inclusive, 230 to 233, inclusive, 320 to 326, inclusive, 334,

213-12 335 to 344, inclusive, 346 and 347 of this act become effective

213-13 upon passage and approval.

213-14 2. Sections 1, 2, 3, 5 to 19, inclusive, 23 to 26, inclusive, 55

213-15 to 70, inclusive, 71 to 150, inclusive, 152 to 172, inclusive, 174,

213-16 176, 178 to 221, inclusive, 223 to 229, inclusive, 234 to 278,

213-17 inclusive, 280 to 319, inclusive, 327, 328, 329, 331 to 333.5,

213-18 inclusive, and 334.5 of this act become effective on October 1,

213-19 1997.

213-20 3. Sections 151, 222 and 330 of this act become effective at

213-21 12:01 a.m. on October 1, 1997.

213-22 4. Sections 173, 175 and 177 of this act become effective on

213-23 the date that the provisions of 49 U.S.C. § 11501 are repealed or

213-24 judicially declared to be invalid.

213-25 Sec. 14.3. Section 21 of chapter 585, Statutes of Nevada 1997,

213-26 at page 2883, is hereby amended to read as follows:

213-27 Sec. 21. 1. This section and sections 11.5 and 16 to 20,

213-28 inclusive, of this act become effective on June 30, 1997.

213-29 2. Sections 1 to [11,] 8, inclusive, 11 and 12 to 15, inclusive,

213-30 of this act become effective upon passage and approval.

213-31 Sec. 72. Sections 8 and 30 of chapter 545, Statutes of Nevada 1997, at

213-32 pages 2584 and 2592, respectively, are hereby amended to read

213-33 respectively as follows:

213-34 Sec. 8. NRS 417.070 is hereby amended to read as follows:

213-35 417.070 1. The office of the [commissioner] executive

213-36 director must be located in the same city where the state regional

213-37 office of the United States Department of Veterans Affairs

213-38 maintains its state administrative bureau, and if that office is

213-39 discontinued in the State of Nevada, then at such place as the

213-40 governor may designate.

213-41 2. The office of the deputy [commissioner] executive director

213-42 must be maintained at Las Vegas, Nevada.

214-1 3. The deputy [commissioner] executive director shall report

214-2 to the executive director and shall assist the [commissioner]

214-3 executive director in performing the duties prescribed in this

214-4 chapter.

214-5 Sec. 30. Section 2 of Assembly Bill No. 188 of this session is

214-6 hereby amended to read as follows:

214-7 Sec. 2. 1. The board of county commissioners of any

214-8 county may create by ordinance the office of coordinator of

214-9 services for veterans. If such an office is created, the board shall

214-10 appoint a qualified veteran to hold the office and the board shall

214-11 establish his compensation.

214-12 2. The coordinator of services for veterans shall:

214-13 (a) Assist a veteran or his spouse or dependent, if the person

214-14 requesting assistance is a resident of the county, in preparing,

214-15 submitting and pursuing any claim that the person has against the

214-16 United States, or any state, to establish his right to any privilege,

214-17 preference, care or compensation to which he believes that he is

214-18 entitled;

214-19 (b) Aid, assist and cooperate with the [Nevada commissioner]

214-20 executive director for veteran affairs and the [Nevada deputy

214-21 commissioner] deputy executive director for veteran affairs and

214-22 with the Nevada veterans’ [advisory] services commission;

214-23 (c) Disseminate information relating to veterans’ benefits in

214-24 cooperation with the [Nevada commissioner] executive director

214-25 for veteran affairs and the [Nevada deputy commissioner] deputy

214-26 executive director for veteran affairs; and

214-27 (d) Perform such other services related to assisting a veteran,

214-28 his spouse or his dependent as requested by the board of county

214-29 commissioners.

214-30 3. Two or more counties jointly may create one office of

214-31 coordinator of services for veterans to serve those counties.

214-32 Sec. 73. 1. Sections 4, 6, 10 and 11 of chapter 547, Statutes of

214-33 Nevada 1997, at pages 2595, 2597 and 2598, are hereby amended to read

214-34 respectively as follows:

214-35 Sec. 4. NRS 360.245 is hereby amended to read as follows:

214-36 360.245 1. All decisions of the executive director or other

214-37 officer of the department made pursuant to subsection 2 of NRS

214-38 360.130 are final unless appealed to the Nevada tax commission as

214-39 provided by law. Any natural person, partnership, corporation,

214-40 association or other business or legal entity may so appeal by filing

214-41 a notice of appeal with the department within 30 days after service

214-42 of the decision upon that person or business or legal entity.

215-1 2. Service of the decision must be made personally or by

215-2 certified mail. If service is made by certified mail:

215-3 (a) The decision must be enclosed in an envelope which is

215-4 addressed to the taxpayer at his address as it appears in the records

215-5 of the department.

215-6 (b) It is deemed to be complete at the time the appropriately

215-7 addressed envelope containing the decision is deposited with the

215-8 United States Postal Service.

215-9 3. The Nevada tax commission, as head of the department, may

215-10 review all other decisions made by the executive director and may

215-11 reverse, affirm or modify them.

215-12 4. A decision of the Nevada tax commission is a final decision

215-13 for the purposes of judicial review. The executive director or any

215-14 other employee or representative of the department shall not seek

215-15 judicial review of such a decision.

215-16 5. The Nevada tax commission shall provide by regulation

215-17 for:

215-18 (a) Notice to each county of any decision upon an appeal to

215-19 the commission that the commission determines is likely to affect

215-20 the revenue of the county or other local government. The

215-21 regulations must specify the form and contents of the notice and

215-22 requirements for the number of days before a meeting of the

215-23 commission that the notice must be transmitted to the county or

215-24 counties. Upon receipt of such a notice the county shall transmit

215-25 a copy of the notice to each local government within the county

215-26 which it determines is likely to be affected by the decision.

215-27 (b) The manner in which a county or other local government

215-28 which is not a party to such an appeal may become a party, and

215-29 the procedure for its participation in the appeal.

215-30 6. A county or other local government which is a party and is

215-31 aggrieved by the decision of the Nevada tax commission is

215-32 entitled to seek judicial review of the decision.

215-33 7. Upon application by a taxpayer, the Nevada tax commission

215-34 shall review the denial of relief pursuant to section 7 of [this act]

215-35 Assembly Bill No. 644 of this session and may grant, deny or

215-36 modify the relief sought.

215-37 Sec. 6. NRS 360.291 is hereby amended to read as follows:

215-38 360.291 The legislature hereby declares that each taxpayer has

215-39 the right:

215-40 1. To be treated by officers and employees of the department

215-41 with courtesy, fairness, uniformity, consistency and common sense.

215-42 2. To a prompt response from the department to each

215-43 communication from the taxpayer.

216-1 3. To provide the minimum documentation and other

216-2 information as may reasonably be required by the department to

216-3 carry out its duties.

216-4 4. To written explanations of common errors, oversights and

216-5 violations that taxpayers experience and instructions on how to

216-6 avoid such problems.

216-7 5. To be informed by the department whenever its officer,

216-8 employee or agent determines that the taxpayer is entitled to an

216-9 exemption or has been taxed or assessed more than is required by

216-10 law.

216-11 6. To written instructions indicating how the taxpayer may

216-12 petition for:

216-13 (a) An adjustment of an assessment; or

216-14 (b) A refund or credit for overpayment of taxes, interest or

216-15 penalties.

216-16 7. To recover an overpayment of taxes promptly upon the final

216-17 determination of such an overpayment.

216-18 8. To obtain specific advice from the department concerning

216-19 taxes imposed by the state.

216-20 9. In any meeting with the department, including an audit,

216-21 conference, interview or hearing:

216-22 (a) To an explanation by an officer or employee of the

216-23 department that describes the procedures to be followed and the

216-24 taxpayer’s rights thereunder;

216-25 (b) To be represented by himself or anyone who is otherwise

216-26 authorized by law to represent him before the department;

216-27 (c) To make an audio recording using the taxpayer’s own

216-28 equipment and at the taxpayer’s own expense; and

216-29 (d) To receive a copy of any document or audio recording made

216-30 by or in the possession of the department relating to the

216-31 determination or collection of any tax for which the taxpayer is

216-32 assessed, upon payment of the actual cost to the department of

216-33 making the copy.

216-34 10. To a full explanation of the department’s authority to assess

216-35 a tax or to collect delinquent taxes, including the procedures and

216-36 notices for review and appeal that are required for the protection of

216-37 the taxpayer. An explanation which meets the requirements of this

216-38 section must also be included with each notice to a taxpayer that

216-39 an audit will be conducted by the department.

216-40 11. To the immediate release of any lien which the department

216-41 has placed on real or personal property for the nonpayment of any

216-42 tax when:

216-43 (a) The tax is paid;

217-1 (b) The period of limitation for collecting the tax expires;

217-2 (c) The lien is the result of an error by the department;

217-3 (d) The department determines that the taxes, interest and

217-4 penalties are secured sufficiently by a lien on other property;

217-5 (e) The release or subordination of the lien will not jeopardize

217-6 the collection of the taxes, interest and penalties;

217-7 (f) The release of the lien will facilitate the collection of the

217-8 taxes, interest and penalties; or

217-9 (g) The department determines that the lien is creating an

217-10 economic hardship.

217-11 12. To the release or reduction of a bond required by the

217-12 department in accordance with applicable statutes and regulations.

217-13 13. To be free from investigation and surveillance by an

217-14 officer, agent or employee of the department for any purpose that is

217-15 not directly related to the administration of the provisions of this

217-16 Title.

217-17 14. To be free from harassment and intimidation by an officer,

217-18 agent or employee of the department for any reason.

217-19 Sec. 10. NRS 360.417 is hereby amended to read as follows:

217-20 360.417 Unless a different penalty or rate of interest is

217-21 specifically provided by statute, any person who fails to pay any tax

217-22 provided for in chapter 362, 364A, 365, 369, 370, 372, 373, 374,

217-23 377, 377A, 444A or 585 of NRS, or fee provided for in NRS

217-24 482.313 or 590.700 to 590.920, inclusive, to the state or a county

217-25 within the time required, shall pay a penalty of not more than 10

217-26 percent of the amount of the tax or fee which is owed, as

217-27 determined by the department, in addition to the tax or fee, plus

217-28 interest at the rate of [1.5] 1 percent per month, or fraction of a

217-29 month, from the last day of the month following the period for

217-30 which the amount or any portion of the amount should have been

217-31 reported until the date of payment.

217-32 Sec. 11. 1. This section and [sections 1 to 9, inclusive,]

217-33 section 10.1 of this act become effective on June 30, 1997.

217-34 2. Sections 1, 2, 3, 5, 7, 8 and 9 of this act become effective on

217-35 July 1, 1997.

217-36 [2.] 3. Section 6 of this act becomes effective at 12:01 a.m.

217-37 on July 1, 1997.

217-38 4. Section 4 of this act becomes effective at 12:02 a.m. on

217-39 July 1, 1997.

217-40 5. Section 10 of this act becomes effective on July 1, 1999.

218-1 2. Chapter 547, Statutes of Nevada 1997, at page 2598, is hereby

218-2 amended by adding thereto a new section to be designated as section 10.1,

218-3 immediately following section 10, to read as follows:

218-4 Sec. 10.1. Sections 1 and 50 of chapter 446, Statutes of

218-5 Nevada 1997, at pages 1567 and 1590, respectively, are hereby

218-6 amended to read respectively as follows:

218-7 Section 1. NRS 360.245 is hereby amended to read as

218-8 follows:

218-9 360.245 1. All decisions of the executive director or other

218-10 officer of the department made pursuant to subsection 2 of NRS

218-11 360.130 are final unless appealed to the tax commission as

218-12 provided by law. Any natural person, partnership, corporation,

218-13 association or other business or legal entity may so appeal by

218-14 filing a notice of appeal with the department within 30 days after

218-15 service of the decision upon that person or business or legal

218-16 entity.

218-17 2. Service of the decision must be made personally or by

218-18 certified mail. If service is made by certified mail:

218-19 (a) The decision must be enclosed in an envelope which is

218-20 addressed to the taxpayer at his address as it appears in the

218-21 records of the department.

218-22 (b) It is deemed to be complete at the time the appropriately

218-23 addressed envelope containing the decision is deposited with the

218-24 United States Postal Service.

218-25 3. The Nevada tax commission, as head of the department,

218-26 may review all other decisions made by the executive director

218-27 and may reverse, affirm or modify them.

218-28 4. Upon application by a taxpayer, the Nevada tax

218-29 commission shall review the denial of relief pursuant to section

218-30 7 of this act and may grant, deny or modify the relief sought.

218-31 Sec. 50. 1. This section and sections [1] 2 to 15, inclusive,

218-32 17 to 43, inclusive, 45 to 48, inclusive, and subsection 2 of

218-33 section 49 of this act become effective on July 1, 1997.

218-34 2. [Subsection] Section 1 and subsection 1 of section 49 of

218-35 this act [becomes] become effective at 12:01 a.m. on July 1,

218-36 1997.

218-37 3. Section 44 of this act becomes effective on October 1,

218-38 1997.

218-39 4. Section 16 of this act becomes effective on July 1, 1998.

219-1 Sec. 74. 1. Sections 14, 30, 30.5, 31, 33, 36, 40, 48, 49, 50, 54.5, 55,

219-2 61, 64, 66, 69, 72 and 89 of chapter 550, Statutes of Nevada 1997, at pages

219-3 2607, 2615, 2616, 2618, 2620 to 2623, inclusive, 2626, 2628, 2630, 2631

219-4 and 2644, are hereby amended to read respectively as follows:

219-5 Sec. 14. NRS 233B.039 is hereby amended to read as follows:

219-6 233B.039 1. The following agencies are entirely exempted

219-7 from the requirements of this chapter:

219-8 (a) The governor.

219-9 (b) The department of prisons.

219-10 (c) The University and Community College System of Nevada.

219-11 (d) The office of the military.

219-12 (e) The state gaming control board.

219-13 (f) The Nevada gaming commission.

219-14 (g) The welfare division of the department of human resources.

219-15 (h) The division of health care financing and policy of the

219-16 department of human resources.

219-17 (i) The state board of examiners acting pursuant to chapter 217

219-18 of NRS.

219-19 [(i)] (j) Except as otherwise provided in NRS 533.365, the

219-20 office of the state engineer.

219-21 2. Except as otherwise provided in NRS 391.323, the

219-22 department of education, the committee on benefits and the

219-23 commission on professional standards in education are subject to

219-24 the provisions of this chapter for the purpose of adopting

219-25 regulations but not with respect to any contested case.

219-26 3. The special provisions of:

219-27 (a) Chapter 612 of NRS for the distribution of regulations by and

219-28 the judicial review of decisions of the employment security division

219-29 of the department of employment, training and rehabilitation;

219-30 (b) Chapters 616A to 617, inclusive, of NRS for the

219-31 determination of contested claims;

219-32 (c) Chapter 703 of NRS for the judicial review of decisions of

219-33 the public service commission of Nevada;

219-34 (d) Chapter 91 of NRS for the judicial review of decisions of the

219-35 administrator of the securities division of the office of the secretary

219-36 of state; and

219-37 (e) NRS 90.800 for the use of summary orders in contested

219-38 cases,

219-39 prevail over the general provisions of this chapter.

219-40 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and

219-41 233B.126 do not apply to the department of human resources in the

219-42 adjudication of contested cases involving the issuance of letters of

219-43 approval for health facilities and agencies.

220-1 5. The provisions of this chapter do not apply to:

220-2 (a) Any order for immediate action, including, but not limited to,

220-3 quarantine and the treatment or cleansing of infected or infested

220-4 animals, objects or premises, made under the authority of the state

220-5 board of agriculture, the state board of health, the state board of

220-6 sheep commissioners or any other agency of this state in the

220-7 discharge of a responsibility for the preservation of human or

220-8 animal health or for insect or pest control; or

220-9 (b) An extraordinary regulation of the state board of pharmacy

220-10 adopted pursuant to NRS 453.2184.

220-11 6. The state board of parole commissioners is subject to the

220-12 provisions of this chapter for the purpose of adopting regulations

220-13 but not with respect to any contested case.

220-14 Sec. 30. NRS 422.001 is hereby amended to read as follows:

220-15 422.001 As used in this chapter, unless the context otherwise

220-16 requires, the words and terms defined in NRS [422.005] 422.010 to

220-17 422.055, inclusive, section 2 of Assembly Bill No. 13 of this

220-18 session, [and] sections 3 and 4 of [this act] Assembly Bill No. 401

220-19 of this session and section 16 of this act have the meanings

220-20 ascribed to them in those sections.

220-21 Sec. 30.5. NRS 422.050 is hereby amended to read as follows:

220-22 422.050 "Public assistance" includes:

220-23 1. State supplementary assistance;

220-24 2. Temporary assistance for needy families;

220-25 3. Medicaid;

220-26 4. Food stamp assistance;

220-27 5. Low-income home energy assistance;

220-28 6. [Low-income weatherization assistance;

220-29 7.] The program for child care and development; and

220-30 [8.] 7. Benefits provided pursuant to any other public welfare

220-31 program administered by the welfare division pursuant to such

220-32 additional federal legislation as is not inconsistent with the purposes

220-33 of this chapter.

220-34 Sec. 31. NRS 422.050 is hereby amended to read as follows:

220-35 422.050 "Public assistance" includes:

220-36 1. State supplementary assistance;

220-37 2. Temporary assistance for needy families;

220-38 3. Medicaid;

220-39 4. Food stamp assistance;

220-40 5. Low-income home energy assistance;

220-41 6. The program for child care and development; and

220-42 7. Benefits provided pursuant to any other public welfare

220-43 program administered by the welfare division or the division of

221-1 health care financing and policy pursuant to such additional

221-2 federal legislation as is not inconsistent with the purposes of this

221-3 chapter.

221-4 Sec. 33. NRS 422.110 is hereby amended to read as follows:

221-5 422.110 1. The members of the board shall meet twice each

221-6 calendar year to consider any issues related to public assistance and

221-7 other programs for which the welfare division is responsible that

221-8 may be of importance to members of the general public, the

221-9 governor or the welfare division, at such places as the board, the

221-10 chairman of the board, the state welfare administrator or the

221-11 director deems appropriate.

221-12 2. Four members of the board constitute a quorum, and a

221-13 quorum may exercise all the power and authority conferred on the

221-14 board.

221-15 3. The board shall:

221-16 (a) At least 45 days before the date it holds a meeting, provide

221-17 public notice of the date, time and location of the meeting, in

221-18 addition to the notice required pursuant to NRS 241.020.

221-19 (b) Keep minutes of all meetings of the board, which must

221-20 include records of testimony and written comments presented to the

221-21 board, and file the minutes with the welfare division. The minutes

221-22 must be maintained as public records.

221-23 Sec. 36. NRS 422.141 is hereby amended to read as follows:

221-24 422.141 1. Before adopting, amending or repealing any

221-25 regulation for the administration of a program of public assistance

221-26 or any other program for which the welfare division is responsible,

221-27 the state welfare administrator shall give at least 30 days’ notice of

221-28 his intended action.

221-29 2. The notice of intent to act upon a regulation must:

221-30 (a) Include a statement of the need for and purpose of the

221-31 proposed regulation, and either the terms or substance of the

221-32 proposed regulation or a description of the subjects and issues

221-33 involved, and of the time when, the place where, and the manner in

221-34 which, interested persons may present their views thereon.

221-35 (b) Include a statement identifying the entities that may be

221-36 financially affected by the proposed regulation and the potential

221-37 financial impact, if any, upon local government.

221-38 (c) State each address at which the text of the proposed

221-39 regulation may be inspected and copied.

221-40 (d) Be mailed to all persons who have requested in writing that

221-41 they be placed upon a mailing list, which must be kept by the state

221-42 welfare administrator for that purpose.

222-1 3. All interested persons must be afforded a reasonable

222-2 opportunity to submit data, views or arguments upon a proposed

222-3 regulation, orally or in writing. The state welfare administrator shall

222-4 consider fully all oral and written submissions relating to the

222-5 proposed regulation.

222-6 4. The state welfare administrator shall keep, retain and make

222-7 available for public inspection written minutes of each public

222-8 hearing held pursuant to this section in the manner provided in

222-9 subsections 1 and 2 of NRS 241.035.

222-10 5. The state welfare administrator may record each public

222-11 hearing held pursuant to this section and make those recordings

222-12 available for public inspection in the manner provided in subsection

222-13 4 of NRS 241.035.

222-14 6. No objection to any regulation on the ground of

222-15 noncompliance with the procedural requirements of this section

222-16 may be made more than 2 years after its effective date.

222-17 Sec. 40. NRS 422.180 is hereby amended to read as follows:

222-18 422.180 The state welfare administrator:

222-19 1. Shall serve as the executive officer of the welfare division.

222-20 2. Shall establish policies for the administration of the

222-21 programs of the welfare division and shall administer all activities

222-22 and services of the welfare division in accordance with those

222-23 policies and any regulations of the state welfare administrator,

222-24 subject to administrative supervision by the director.

222-25 3. Is responsible for the management of the welfare division.

222-26 Sec. 48. NRS 422.236 is hereby amended to read as follows:

222-27 422.236 1. As part of the health and welfare programs of this

222-28 state, the welfare division or the division of health care financing

222-29 and policy may provide prenatal care to pregnant women who are

222-30 indigent, or may contract for the provision of that care, at public or

222-31 nonprofit hospitals in this state.

222-32 2. The welfare division or the division of health care

222-33 financing and policy shall provide to each person licensed to

222-34 engage in social work pursuant to chapter 641B of NRS, each

222-35 applicant for Medicaid and any other interested person, information

222-36 concerning the prenatal care available pursuant to this section.

222-37 3. The welfare division or the division of health care

222-38 financing and policy shall adopt regulations setting forth criteria of

222-39 eligibility and rates of payment for prenatal care provided pursuant

222-40 to the provisions of this section, and such other provisions relating

222-41 to the development and administration of the program for prenatal

222-42 care as the state welfare administrator or the administrator of the

223-1 division of health care financing and policy, as applicable, deems

223-2 necessary.

223-3 Sec. 49. NRS 422.237 is hereby amended to read as follows:

223-4 422.237 1. The [administrator] director shall adopt each state

223-5 plan required by the Federal Government, either directly or as a

223-6 condition to the receipt of federal money, for the administration of

223-7 any public assistance or other program for which the welfare

223-8 division or the division of health care financing and policy is

223-9 responsible. Such a plan must set forth, regarding the particular

223-10 program to which the plan applies:

223-11 (a) The requirements for eligibility;

223-12 (b) The nature and amounts of grants and other assistance which

223-13 may be provided;

223-14 (c) The conditions imposed; and

223-15 (d) Such other provisions relating to the development and

223-16 administration of the program as the [administrator] director deems

223-17 necessary.

223-18 [Such a plan becomes effective upon adoption or such other date as

223-19 the administrator specifies in the plan.]

223-20 2. In developing and revising such a plan, the [administrator]

223-21 director shall consider, among other things:

223-22 (a) The amount of money available from the Federal

223-23 Government;

223-24 (b) The conditions attached to the acceptance of that money; and

223-25 (c) The limitations of legislative appropriations and

223-26 authorizations,

223-27 for the particular program to which the plan applies.

223-28 3. The welfare division shall [:

223-29 (a) Make] make available to members of the general public a

223-30 summary of the state plan for temporary assistance for needy

223-31 families established pursuant to this section . [; and

223-32 (b) Comply]

223-33 4. The welfare division and the division of health care

223-34 financing and policy shall comply with each state plan adopted

223-35 pursuant to this section.

223-36 Sec. 50. NRS 422.238 is hereby amended to read as follows:

223-37 422.238 [1.] The state welfare administrator may adopt such

223-38 regulations as are necessary for the administration of NRS [422.070

223-39 to 422.410,] 422.060, 422.160 to 422.2345, inclusive, 422.238,

223-40 422.250, 422.2935 to 422.294, inclusive, 422.296 to 422.299,

223-41 inclusive, and 422.310 to 422.377, inclusive, sections 6 to 25,

223-42 inclusive, of [this act] Assembly Bill No. 401 of this session and

223-43 any program of the welfare division.

224-1 [2. A regulation adopted by the administrator becomes effective

224-2 upon adoption or such other date as the administrator specifies in

224-3 the regulation.]

224-4 Sec. 54.5. NRS 422.270 is hereby amended to read as follows:

224-5 422.270 The department, through the welfare division, shall:

224-6 1. Except as otherwise provided in NRS 432.010 to 432.085,

224-7 inclusive, administer all public welfare programs of this state,

224-8 including:

224-9 (a) State supplementary assistance;

224-10 (b) Temporary assistance for needy families;

224-11 (c) Medicaid;

224-12 (d) Food stamp assistance;

224-13 (e) Low-income home energy assistance;

224-14 (f) [Low-income weatherization assistance;

224-15 (g)] The program for child care and development;

224-16 [(h)] (g) The program for the enforcement of child support; and

224-17 [(i)] (h) Other welfare activities and services provided for by

224-18 the laws of this state.

224-19 2. Act as the single state agency of the State of Nevada and its

224-20 political subdivisions in the administration of any federal money

224-21 granted to the state to aid in the furtherance of any of the services

224-22 and activities set forth in subsection 1.

224-23 3. Cooperate with the Federal Government in adopting state

224-24 plans, in all matters of mutual concern, including adoption of

224-25 methods of administration found by the Federal Government to be

224-26 necessary for the efficient operation of welfare programs, and in

224-27 increasing the efficiency of welfare programs by prompt and

224-28 judicious use of new federal grants which will assist the welfare

224-29 division in carrying out the provisions of NRS 422.070 to 422.410,

224-30 inclusive, and sections 6 to 25, inclusive, of [this act.] Assembly

224-31 Bill No. 401 of this session.

224-32 4. Observe and study the changing nature and extent of welfare

224-33 needs and develop through tests and demonstrations effective ways

224-34 of meeting those needs and employ or contract for personnel and

224-35 services supported by legislative appropriations from the state

224-36 general fund or money from federal or other sources.

224-37 5. Enter into reciprocal agreements with other states relative to

224-38 public assistance, welfare services and institutional care, when

224-39 deemed necessary or convenient by the administrator.

224-40 6. Make such agreements with the Federal Government as may

224-41 be necessary to carry out the supplemental security income

224-42 program.

225-1 Sec. 55. NRS 422.270 is hereby amended to read as follows:

225-2 422.270 The department [, through the welfare division, shall:

225-3 1. Except as otherwise provided in NRS 432.010 to 432.085,

225-4 inclusive, administer] shall:

225-5 1. Administer all public welfare programs of this state,

225-6 including:

225-7 (a) State supplementary assistance;

225-8 (b) Temporary assistance for needy families;

225-9 (c) Medicaid;

225-10 (d) Food stamp assistance;

225-11 (e) Low-income home energy assistance;

225-12 (f) The program for child care and development;

225-13 (g) The program for the enforcement of child support; and

225-14 (h) Other welfare activities and services provided for by the laws

225-15 of this state.

225-16 2. Act as the single state agency of the State of Nevada and its

225-17 political subdivisions in the administration of any federal money

225-18 granted to the state to aid in the furtherance of any of the services

225-19 and activities set forth in subsection 1.

225-20 3. Cooperate with the Federal Government in adopting state

225-21 plans, in all matters of mutual concern, including adoption of

225-22 methods of administration found by the Federal Government to be

225-23 necessary for the efficient operation of welfare programs, and in

225-24 increasing the efficiency of welfare programs by prompt and

225-25 judicious use of new federal grants which will assist the [welfare

225-26 division] department in carrying out the provisions of [NRS

225-27 422.070 to 422.410, inclusive, and sections 6 to 25, inclusive, of

225-28 Assembly Bill No. 401 of this session.] this chapter.

225-29 4. Observe and study the changing nature and extent of welfare

225-30 needs and develop through tests and demonstrations effective ways

225-31 of meeting those needs and employ or contract for personnel and

225-32 services supported by legislative appropriations from the state

225-33 general fund or money from federal or other sources.

225-34 5. Enter into reciprocal agreements with other states relative to

225-35 public assistance, welfare services and institutional care, when

225-36 deemed necessary or convenient by the [administrator.] director.

225-37 6. Make such agreements with the Federal Government as may

225-38 be necessary to carry out the supplemental security income

225-39 program.

225-40 Sec. 61. NRS 422.2935 is hereby amended to read as follows:

225-41 422.2935 1. Except as otherwise provided in this section, the

225-42 welfare division shall, to the extent it is not prohibited by federal

225-43 law and when circumstances allow:

226-1 (a) Recover benefits correctly paid for Medicaid from:

226-2 (1) The undivided estate of the person who received those

226-3 benefits; and

226-4 (2) Any recipient of money or property from the undivided

226-5 estate of the person who received those benefits.

226-6 (b) Recover from the recipient of Medicaid or the person who

226-7 signed the application for Medicaid on behalf of the recipient an

226-8 amount not to exceed the benefits incorrectly paid to the recipient if

226-9 the person who signed the application:

226-10 (1) Failed to report any required information to the welfare

226-11 division which he knew at the time he signed the application; or

226-12 (2) Failed within the period allowed by the welfare division to

226-13 report any required information to the welfare division which he

226-14 obtained after he filed the application.

226-15 2. The welfare division shall not recover benefits pursuant to

226-16 paragraph (a) of subsection 1, except from a person who is neither a

226-17 surviving spouse nor a child, until after the death of the surviving

226-18 spouse, if any, and only at a time when the person who received the

226-19 benefits has no surviving child who is under 21 years of age or is

226-20 blind or permanently and totally disabled.

226-21 3. Except as otherwise provided by federal law, if a transfer of

226-22 real or personal property by a recipient of Medicaid is made for less

226-23 than fair market value, the welfare division may pursue any remedy

226-24 available pursuant to chapter 112 of NRS with respect to the

226-25 transfer.

226-26 4. The amount of Medicaid paid to or on behalf of a person is a

226-27 claim against the estate in any probate proceeding only at a time

226-28 when there is no surviving spouse or surviving child who is under

226-29 21 years of age or is blind or permanently and totally disabled.

226-30 5. The state welfare administrator may elect not to file a claim

226-31 against the estate of a recipient of Medicaid or his spouse if he

226-32 determines that the filing of the claim will cause an undue hardship

226-33 for the spouse or other survivors of the recipient. The state welfare

226-34 administrator shall adopt regulations defining the circumstances that

226-35 constitute an undue hardship.

226-36 6. Any recovery of money obtained pursuant to this section

226-37 must be applied first to the cost of recovering the money. Any

226-38 remaining money must be divided among the Federal Government,

226-39 the department and the county in the proportion that the amount of

226-40 assistance each contributed to the recipient bears to the total amount

226-41 of the assistance contributed.

226-42 7. An action to recover money owed to the department [of

226-43 human resources] as a result of the payment of benefits for

227-1 Medicaid must be commenced within 6 months after the cause of

227-2 action accrues. A cause of action accrues after all of the following

227-3 events have occurred:

227-4 (a) The death of the recipient of Medicaid;

227-5 (b) The death of the surviving spouse of the recipient of

227-6 Medicaid;

227-7 (c) The death of all children of the recipient of Medicaid who

227-8 are blind or permanently and totally disabled as determined in

227-9 accordance with 42 U.S.C. § 1382c; and

227-10 (d) The arrival of all other children of the recipient of Medicaid

227-11 at the age of 21 years.

227-12 Sec. 64. NRS 422.298 is hereby amended to read as follows:

227-13 422.298 1. A decision or order issued by a hearing officer

227-14 must be in writing. A final decision must include findings of fact

227-15 and conclusions of law, separately stated. Findings of fact, if set

227-16 forth in statutory or regulatory language, must be accompanied by a

227-17 concise and explicit statement of the underlying facts supporting the

227-18 findings. A copy of the decision or order must be delivered by

227-19 certified mail to each party and to his attorney or other

227-20 representative.

227-21 2. The welfare division or an applicant for or recipient of

227-22 public assistance may, at any time within 90 days after the date on

227-23 which the written notice of the decision is mailed, petition the

227-24 district court of the judicial district in which the applicant for or

227-25 recipient of public assistance resides to review the decision. The

227-26 district court shall review the decision on the record of the case

227-27 before the hearing officer. The decision and record must be certified

227-28 as correct and filed with the clerk of the court by the state welfare

227-29 administrator.

227-30 Sec. 66. NRS 422.2997 is hereby amended to read as follows:

227-31 422.2997 1. Upon receipt of a request for a hearing from a

227-32 provider of services under the state plan for Medicaid, the [welfare]

227-33 division of health care financing and policy shall appoint a hearing

227-34 officer to conduct the hearing. Any employee or other

227-35 representative of the [welfare] division of health care financing

227-36 and policy who investigated or made the initial decision regarding

227-37 the action taken against a provider of services may not be appointed

227-38 as the hearing officer or participate in the making of any decision

227-39 pursuant to the hearing.

227-40 2. The [welfare] division of health care financing and policy

227-41 shall adopt regulations prescribing the procedures to be followed at

227-42 the hearing.

228-1 3. The decision of the hearing officer is a final decision. Any

228-2 party, including the [welfare division,] division of health care

228-3 financing and policy, who is aggrieved by the decision of the

228-4 hearing officer may appeal that decision to the district court. The

228-5 review of the court must be confined to the record. The court shall

228-6 not substitute its judgment for that of the hearing officer as to the

228-7 weight of the evidence on questions of fact. The court may affirm

228-8 the decision of the hearing officer or remand the case for further

228-9 proceedings. The court may reverse or modify the decision if

228-10 substantial rights of the appellant have been prejudiced because the

228-11 administrative findings, inferences, conclusions or decisions are:

228-12 (a) In violation of constitutional or statutory provisions;

228-13 (b) In excess of the statutory authority of the [welfare division;]

228-14 division of health care financing and policy;

228-15 (c) Made upon unlawful procedure;

228-16 (d) Affected by other error of law;

228-17 (e) Clearly erroneous in view of the reliable, probative and

228-18 substantial evidence on the whole record; or

228-19 (f) Arbitrary or capricious or characterized by abuse of

228-20 discretion or clearly unwarranted exercise of discretion.

228-21 Sec. 69. NRS 422.377 is hereby amended to read as follows:

228-22 422.377 The state welfare administrator:

228-23 1. Shall adopt regulations for the administration of the

228-24 program;

228-25 2. Shall report to the interim finance committee quarterly

228-26 concerning the regulations adopted by the welfare division for the

228-27 administration of the program;

228-28 3. May contract with any state or private agency to provide any

228-29 of the services of the program; and

228-30 4. May receive a grant of money from the Federal Government

228-31 or any other source to defray the costs of the program.

228-32 Sec. 72. NRS 422.385 is hereby amended to read as follows:

228-33 422.385 1. The allocations and payments required pursuant to

228-34 NRS 422.387 must be made, to the extent allowed by the state plan

228-35 for Medicaid, from the Medicaid budget account.

228-36 2. Except as otherwise provided in subsection 3, the money in

228-37 the intergovernmental transfer account must be transferred from that

228-38 account to the Medicaid budget account to the extent that money is

228-39 available from the Federal Government for proposed expenditures,

228-40 including expenditures for administrative costs. If the amount in the

228-41 account exceeds the amount authorized for expenditure by the

228-42 [department] division of health care financing and policy for the

228-43 purposes specified in NRS 422.387, the [department] division of

229-1 health care financing and policy is authorized to expend the

229-2 additional revenue in accordance with the provisions of the state

229-3 plan for Medicaid.

229-4 3. If enough money is available to support Medicaid, money in

229-5 the intergovernmental transfer account may be transferred to an

229-6 account established for the provision of health care services to

229-7 uninsured children who are under the age of 13 years pursuant to a

229-8 federal program in which at least 50 percent of the cost of such

229-9 services is paid for by the Federal Government, if enough money is

229-10 available to continue to satisfy existing obligations of the Medicaid

229-11 program or to carry out the provisions of sections 2 and 3 of [this

229-12 act.] Senate Bill No. 470 of this session.

229-13 Sec. 89. 1. This section and sections 2 to [14.1,] 13,

229-14 inclusive, 14.1, 14.3 to 29, inclusive, 32 [to 43, inclusive,] , 34, 35,

229-15 37, 38, 39, 41, 42, 43, 45, 47, [49] 51 to 54, inclusive, 56, 57, 59,

229-16 63, [64, 67 to 71, inclusive, and] 67, 68, 70, 71, 74 to 80.4,

229-17 inclusive, 80.7 and 81 to 88, inclusive, of this act become effective

229-18 on July 1, 1997.

229-19 2. Sections 1, [30, 30.5,] 14, 33, 36, 40, 44, 46, [48, 54.5,] 49,

229-20 50, 58, 60, [61,] 62, 64, 65, 66, 69, [72 and] 73 , 80.5 and 80.6 of

229-21 this act become effective at 12:01 a.m. on July 1, 1997.

229-22 3. Sections [31 and 55] 30, 30.5, 48, 54.5, 61 and 72 of this act

229-23 become effective at 12:02 a.m. on July 1, 1997.

229-24 4. Sections 31 and 55 of this act become effective at 12:03

229-25 a.m. on July 1, 1997.

229-26 5. Section 14.2 of this act becomes effective on July 1, 1998.

229-27 [5.] 6. Sections 1 to 14.4, inclusive, 15 to 30, inclusive, 31 to

229-28 54, inclusive, 55 to 80.3, inclusive, 80.5, 80.6, 80.7 and 84 of this

229-29 act, and subsection 1 of section 81 of this act, expire by limitation

229-30 on June 30, 1999.

229-31 2. Chapter 550, Statutes of Nevada 1997, at page 2641, is hereby

229-32 amended by adding thereto new sections to be designated as sections 80.4

229-33 to 80.7, inclusive, immediately following section 80.3, to read respectively

229-34 as follows:

229-35 Sec. 80.4. Section 253 of chapter 482, Statutes of Nevada

229-36 1997, at page 1973, is hereby amended to read as follows:

229-37 Sec. 253. NRS 233B.039 is hereby amended to read as

229-38 follows:

229-39 233B.039 1. The following agencies are entirely exempted

229-40 from the requirements of this chapter:

229-41 (a) The governor.

229-42 (b) The department of prisons.

230-1 (c) The University and Community College System of

230-2 Nevada.

230-3 (d) The office of the military.

230-4 (e) The state gaming control board.

230-5 (f) The Nevada gaming commission.

230-6 (g) The welfare division of the department of human

230-7 resources.

230-8 (h) The state board of examiners acting pursuant to chapter

230-9 217 of NRS.

230-10 (i) Except as otherwise provided in NRS 533.365, the office

230-11 of the state engineer.

230-12 2. Except as otherwise provided in NRS 391.323, the

230-13 department of education, the committee on benefits and the

230-14 commission on professional standards in education are subject to

230-15 the provisions of this chapter for the purpose of adopting

230-16 regulations but not with respect to any contested case.

230-17 3. The special provisions of:

230-18 (a) Chapter 612 of NRS for the distribution of regulations by

230-19 and the judicial review of decisions of the employment security

230-20 division of the department of employment, training and

230-21 rehabilitation;

230-22 (b) Chapters 616A to 617, inclusive, of NRS for the

230-23 determination of contested claims;

230-24 (c) Chapter 703 of NRS for the judicial review of decisions of

230-25 the public [service] utilities commission of Nevada;

230-26 (d) Chapter 91 of NRS for the judicial review of decisions of

230-27 the administrator of the securities division of the office of the

230-28 secretary of state; and

230-29 (e) NRS 90.800 for the use of summary orders in contested

230-30 cases,

230-31 prevail over the general provisions of this chapter.

230-32 4. The provisions of NRS 233B.122, 233B.124, 233B.125

230-33 and 233B.126 do not apply to the department of human resources

230-34 in the adjudication of contested cases involving the issuance of

230-35 letters of approval for health facilities and agencies.

230-36 5. The provisions of this chapter do not apply to:

230-37 (a) Any order for immediate action, including, but not limited

230-38 to, quarantine and the treatment or cleansing of infected or

230-39 infested animals, objects or premises, made under the authority of

230-40 the state board of agriculture, the state board of health, the state

230-41 board of sheep commissioners or any other agency of this state in

230-42 the discharge of a responsibility for the preservation of human or

230-43 animal health or for insect or pest control; or

231-1 (b) An extraordinary regulation of the state board of pharmacy

231-2 adopted pursuant to NRS 453.2184.

231-3 6. The state board of parole commissioners is subject to the

231-4 provisions of this chapter for the purpose of adopting regulations

231-5 but not with respect to any contested case.

231-6 Sec. 80.5. Section 80.4 of this act is hereby amended to read as

231-7 follows:

231-8 Sec. 80.4. Section 253 of chapter 482, Statutes of Nevada

231-9 1997, at page 1973, is hereby amended to read as follows:

231-10 Sec. 253. NRS 233B.039 is hereby amended to read as

231-11 follows:

231-12 233B.039 1. The following agencies are entirely

231-13 exempted from the requirements of this chapter:

231-14 (a) The governor.

231-15 (b) The department of prisons.

231-16 (c) The University and Community College System of

231-17 Nevada.

231-18 (d) The office of the military.

231-19 (e) The state gaming control board.

231-20 (f) The Nevada gaming commission.

231-21 (g) The welfare division of the department of human

231-22 resources.

231-23 (h) The division of health care financing and policy of the

231-24 department of human resources.

231-25 (i) The state board of examiners acting pursuant to chapter

231-26 217 of NRS.

231-27 (j) Except as otherwise provided in NRS 533.365, the

231-28 office of the state engineer.

231-29 2. Except as otherwise provided in NRS 391.323, the

231-30 department of education, the committee on benefits and the

231-31 commission on professional standards in education are subject

231-32 to the provisions of this chapter for the purpose of adopting

231-33 regulations but not with respect to any contested case.

231-34 3. The special provisions of:

231-35 (a) Chapter 612 of NRS for the distribution of regulations

231-36 by and the judicial review of decisions of the employment

231-37 security division of the department of employment, training

231-38 and rehabilitation;

231-39 (b) Chapters 616A to 617, inclusive, of NRS for the

231-40 determination of contested claims;

231-41 (c) Chapter 703 of NRS for the judicial review of decisions

231-42 of the public [service] utilities commission of Nevada;

232-1 (d) Chapter 91 of NRS for the judicial review of decisions

232-2 of the administrator of the securities division of the office of

232-3 the secretary of state; and

232-4 (e) NRS 90.800 for the use of summary orders in contested

232-5 cases,

232-6 prevail over the general provisions of this chapter.

232-7 4. The provisions of NRS 233B.122, 233B.124, 233B.125

232-8 and 233B.126 do not apply to the department of human

232-9 resources in the adjudication of contested cases involving the

232-10 issuance of letters of approval for health facilities and

232-11 agencies.

232-12 5. The provisions of this chapter do not apply to:

232-13 (a) Any order for immediate action, including, but not

232-14 limited to, quarantine and the treatment or cleansing of

232-15 infected or infested animals, objects or premises, made under

232-16 the authority of the state board of agriculture, the state board

232-17 of health, the state board of sheep commissioners or any other

232-18 agency of this state in the discharge of a responsibility for the

232-19 preservation of human or animal health or for insect or pest

232-20 control; or

232-21 (b) An extraordinary regulation of the state board of

232-22 pharmacy adopted pursuant to NRS 453.2184.

232-23 6. The state board of parole commissioners is subject to

232-24 the provisions of this chapter for the purpose of adopting

232-25 regulations but not with respect to any contested case.

232-26 Sec. 80.6. Sections 1 and 2 of chapter 486, Statutes of Nevada

232-27 1997, at page 2217, are hereby amended to read respectively as

232-28 follows:

232-29 Section 1. Chapter 422 of NRS is hereby amended by

232-30 adding thereto a new section to read as follows:

232-31 1. The [administrator] director shall include in the state plan

232-32 for Medicaid a requirement that the state shall pay the nonfederal

232-33 share of expenditures for the medical, administrative and

232-34 transaction costs of a person:

232-35 (a) Who is admitted to a hospital, facility for intermediate care

232-36 or facility for skilled nursing for not less than 30 consecutive

232-37 days;

232-38 (b) Who is covered by the state plan for Medicaid; and

232-39 (c) Whose net countable income per month is not more than

232-40 $775 or 155 percent of the supplemental security income benefit

232-41 rate established pursuant to 42 U.S.C. § 1382(b)(1), whichever is

232-42 greater.

232-43 2. As used in this section:

233-1 (a) "Facility for intermediate care" has the meaning ascribed

233-2 to it in NRS 449.0038.

233-3 (b) "Facility for skilled nursing" has the meaning ascribed to it

233-4 in NRS 449.0039.

233-5 (c) "Hospital" has the meaning ascribed to it in NRS 449.012.

233-6 Sec. 2. Section 1 of this act is hereby amended to read as

233-7 follows:

233-8 Section 1. 1. The director shall include in the state plan

233-9 for Medicaid a requirement that the state shall pay the

233-10 nonfederal share of expenditures for the medical,

233-11 administrative and transaction costs of a person:

233-12 (a) Who is admitted to a hospital, facility for intermediate

233-13 care or facility for skilled nursing for not less than 30

233-14 consecutive days;

233-15 (b) Who is covered by the state plan for Medicaid; and

233-16 (c) Whose net countable income per month is not more than

233-17 $775 or [155] 156 percent of the supplemental security income

233-18 benefit rate established pursuant to 42 U.S.C. § 1382(b)(1),

233-19 whichever is greater.

233-20 2. As used in this section:

233-21 (a) "Facility for intermediate care" has the meaning

233-22 ascribed to it in NRS 449.0038.

233-23 (b) "Facility for skilled nursing" has the meaning ascribed

233-24 to it in NRS 449.0039.

233-25 (c) "Hospital" has the meaning ascribed to it in NRS

233-26 449.012.

233-27 Sec. 80.7. Sections 18, 20 and 23 of chapter 489, Statutes of

233-28 Nevada 1997, at pages 2227, 2228 and 2230, respectively, are

233-29 hereby amended to read respectively as follows:

233-30 Sec. 18. 1. The state welfare administrator shall establish

233-31 by regulation an agreement of cooperation that must be signed

233-32 by the head of a household as a condition to the receipt of

233-33 benefits.

233-34 2. The agreement required pursuant to subsection 1 must

233-35 include a statement of:

233-36 (a) The actions that the members of the household are

233-37 expected to take as a condition to the receipt of benefits; and

233-38 (b) The penalties that may be imposed by the welfare

233-39 division pursuant to section 22 of Assembly Bill No. 401 of this

233-40 session for failing to comply with the provisions of the

233-41 agreement or the plan for personal responsibility signed by the

233-42 head of the household pursuant to section 17 of Assembly Bill

233-43 No. 401 of this session.

234-1 Sec. 20. 1. Subject to the provisions of 42 U.S.C. §

234-2 607(e), the welfare division shall require each head of a

234-3 household who is not suffering from a hardship described in

234-4 subsection 7 of section 23 of Assembly Bill No. 401 of this

234-5 session to perform work:

234-6 (a) Within a reasonable time after the welfare division

234-7 determines that the head of the household is capable of finding

234-8 and performing work; or

234-9 (b) Not later than the date on which the head of the

234-10 household has received benefits for 24 months, regardless of

234-11 whether those months are consecutive or cumulative,

234-12 whichever occurs earlier.

234-13 2. A head of a household who does not comply with the

234-14 requirements of this section:

234-15 (a) Shall be deemed to have failed to comply with the terms

234-16 of the plan for personal responsibility signed by him pursuant

234-17 to section 17 of Assembly Bill No. 401 of this session; and

234-18 (b) Is subject to the penalties prescribed in section 22 of

234-19 Assembly Bill No. 401 of this session for the failure to comply

234-20 with the terms of that plan.

234-21 3. The state welfare administrator shall adopt regulations

234-22 setting forth the activities that will constitute work for the

234-23 purposes of this section.

234-24 Sec. 23. 1. Except as otherwise provided in subsection 2,

234-25 a household that receives benefits for 24 months, regardless of

234-26 whether those months are consecutive or cumulative, is

234-27 prohibited from receiving additional benefits for 12 consecutive

234-28 months, unless the head of the household is suffering from a

234-29 hardship.

234-30 2. The household may receive additional benefits for not

234-31 more than 6 additional months, regardless of whether those

234-32 months are consecutive or cumulative, if the state welfare

234-33 administrator determines that providing benefits to the

234-34 household will significantly increase the likelihood that the

234-35 head of the household will become self-sufficient and will not

234-36 need to apply for benefits in the future. A household that

234-37 receives any additional benefits pursuant to this subsection is

234-38 prohibited from receiving benefits for 12 consecutive months

234-39 after the additional benefits cease to be provided, unless the

234-40 head of the household is suffering from a hardship.

234-41 3. The division shall not provide benefits to a household if

234-42 an adult member of that household has received benefits from

234-43 this or any other state for 60 months, regardless of whether

235-1 those months are consecutive or cumulative, unless the head of

235-2 the household is suffering from a hardship.

235-3 4. Except as otherwise provided in subsections 5 and 6, a

235-4 household that is receiving benefits beyond the period

235-5 prescribed in subsection 1, 2 or 3 because the head of the

235-6 household is suffering from a hardship may continue to receive

235-7 benefits for as long as the head of the household suffers from

235-8 the hardship. Once the head of the household no longer suffers

235-9 from the hardship, the household is not eligible to receive

235-10 benefits:

235-11 (a) For 12 consecutive months if the household has not

235-12 received benefits from this or any other state for 60 months,

235-13 regardless of whether those months are consecutive or

235-14 cumulative; or

235-15 (b) During the lifetime of the head of the household if the

235-16 household has received benefits from this or any other state for

235-17 60 months, regardless of whether those months are consecutive

235-18 or cumulative, unless the head of the household again suffers

235-19 from a hardship.

235-20 5. A household that is receiving benefits pursuant to this

235-21 section because the head of the household is suffering from a

235-22 hardship described in paragraph (c) of subsection 7 may not

235-23 receive benefits pursuant to this section solely because of that

235-24 hardship for more than 12 months during the lifetime of the

235-25 head of the household.

235-26 6. Notwithstanding any other provision of this section, if

235-27 the state welfare administrator determines that the denial or

235-28 suspension of benefits provided to a household solely because

235-29 the head of the household is deemed to be suffering from a

235-30 hardship is necessary to ensure that this state does not exceed

235-31 the limitation set forth in 42 U.S.C. § 608(a)(7)(C), the state

235-32 welfare administrator may deny or suspend such benefits. The

235-33 state welfare administrator shall send written notice to a

235-34 household whose benefits will be denied or suspended pursuant

235-35 to this subsection.

235-36 7. For the purposes of this section, the head of a household

235-37 shall be deemed to be suffering from a hardship if the welfare

235-38 division determines that he:

235-39 (a) Is ill or physically or mentally incapacitated;

235-40 (b) Must care for an ill or incapacitated member of his

235-41 household;

235-42 (c) Is a single custodial parent of a child who is less than 1

235-43 year of age;

236-1 (d) Is not a recipient of benefits but receives benefits on

236-2 behalf of a member of his household who is a dependent;

236-3 (e) Is an unmarried parent who:

236-4 (1) Is less than 18 years of age; and

236-5 (2) Complies with the requirements set forth in 42 U.S.C.

§§ 608(a)(4) and 608(a)(5);

236-6 (f) Is a person who is:

236-7 (1) Sixty years of age or older;

236-8 (2) The caretaker of a child; and

236-9 (3) A relative, other than a parent, of that child; or

236-10 (g) Is suffering from any other condition or circumstance

236-11 that the state welfare administrator deems to be a hardship.

236-12 Sec. 75. 1. Section 43 of chapter 555, Statutes of Nevada 1997, at

236-13 page 2683, is hereby amended to read as follows:

236-14 Sec. 43. 1. NRS 706.153 is hereby repealed.

236-15 2. Section 17 of chapter 472, Statutes of Nevada 1995, at page

236-16 1513, is hereby repealed.

236-17 3. Sections 134, 175 and 177 of chapter 482, Statutes of

236-18 Nevada 1997, at pages 1931 and 1945, are hereby repealed.

236-19 2. Chapter 555, Statutes of Nevada 1997, at page 2683, is hereby

236-20 amended by adding thereto a new section to be designated as section 42.1,

236-21 immediately following section 42, to read as follows:

236-22 Sec. 42.1. Sections 345 and 346 of chapter 482, Statutes of

236-23 Nevada 1997, at pages 2023 and 2024, respectively, are hereby

236-24 amended to read respectively as follows:

236-25 Sec. 345. 1. This section and sections 4, 20, 21, 22, 27 to

236-26 54, inclusive, 230 to 233, inclusive, 320 to 326, inclusive, 334,

236-27 335 to 344, inclusive, 346 and 347 of this act become effective

236-28 upon passage and approval.

236-29 2. Sections 1, 2, 3, 5 to 19, inclusive, 23 to 26, inclusive, 55

236-30 to 70, inclusive, 71 to 133, inclusive, 135 to 150, inclusive, 152

236-31 to 172, inclusive, 174, 176, 178 to 221, inclusive, 223 to 229,

236-32 inclusive, 234 to 278, inclusive, 280 to 319, inclusive, 327, 328,

236-33 329, 331 to 333.5, inclusive, and 334.5 of this act become

236-34 effective on October 1, 1997.

236-35 3. Sections 151, 222 and 330 of this act become effective at

236-36 12:01 a.m. on October 1, 1997.

236-37 4. [Sections 173, 175 and 177] Section 173 of this act

236-38 [become] becomes effective on the date that the provisions of 49

236-39 U.S.C. § 11501 are repealed or judicially declared to be invalid.

236-40 Sec. 346. 1. Sections [134,] 174, 176, 178 and 179 of this

236-41 act expire by limitation on the date that the provisions of 49

236-42 U.S.C. § 11501 are repealed or judicially declared to be invalid.

237-1 2. Section 239 of this act expires by limitation on June 30,

237-2 2003.

237-3 Sec. 76. Sections 7 and 24 of chapter 556, Statutes of Nevada 1997, at

237-4 pages 2688 and 2700, respectively, are hereby amended to read

237-5 respectively as follows:

237-6 Sec. 7. NRS 624.270 is hereby amended to read as follows:

237-7 624.270 1. Before issuing a contractor’s license to any

237-8 applicant, the board shall require that the applicant:

237-9 (a) File with the board a surety bond in a form acceptable to the

237-10 board executed by the contractor as principal with a corporation

237-11 authorized to transact surety business in the State of Nevada as

237-12 surety; or

237-13 (b) In lieu of such a bond, establish with the board a cash deposit

237-14 as provided in this section.

237-15 2. Before granting renewal of a contractor’s license to any

237-16 applicant, the board shall require that the applicant file with the

237-17 board satisfactory evidence that his surety bond or cash deposit is in

237-18 full force, unless the applicant has been relieved of the requirement

237-19 as provided in this section.

237-20 3. Failure of an applicant or licensee to file or maintain in full

237-21 force the required bond or to establish the required cash deposit

237-22 constitutes cause for the board to deny, revoke, suspend or refuse to

237-23 renew a license.

237-24 4. Except as otherwise provided in subsection 6, the amount of

237-25 each bond or cash deposit required by this section must be fixed by

237-26 the board with reference to the contractor’s financial and

237-27 professional responsibility and the magnitude of his operations, but

237-28 must be not less than $1,000 or more than [$50,000] $100,000. The

237-29 bond must be continuous in form and must be conditioned that the

237-30 total aggregate liability of the surety for all claims is limited to the

237-31 face amount of the bond irrespective of the number of years the

237-32 bond is in force. The board may increase or reduce the amount of

237-33 any bond or cash deposit if evidence supporting such a change in

237-34 the amount is presented to the board at the time application is made

237-35 for renewal of a license or at any hearing conducted pursuant to

237-36 NRS 624.310. Unless released earlier pursuant to subsection 5, any

237-37 cash deposit may be withdrawn 2 years after termination of the

237-38 license in connection with which it was established, or 2 years after

237-39 completion of all work authorized by the board after termination of

237-40 the license, whichever occurs later, if there is no outstanding claim

237-41 against it.

237-42 5. After a licensee has acted in the capacity of a licensed

237-43 contractor in the State of Nevada for not less than 5 consecutive

238-1 years, the board may relieve the licensee of the requirement of filing

238-2 a bond or establishing a cash deposit if evidence supporting such

238-3 relief is presented to the board. The board may at any time

238-4 thereafter require the licensee to file a new bond or establish a new

238-5 cash deposit as provided in subsection 4 if evidence is presented to

238-6 the board supporting this requirement or, pursuant to subsection 6,

238-7 after notification of a final written decision by the labor

238-8 commissioner. If a licensee is relieved of the requirement of

238-9 establishing a cash deposit, the deposit may be withdrawn 2 years

238-10 after such relief is granted, if there is no outstanding claim against

238-11 it.

238-12 6. If the board is notified by the labor commissioner pursuant to

238-13 section 2 of [this act] Senate Bill No. 368 of this session that three

238-14 substantiated claims for wages have been filed against a contractor

238-15 within a 2-year period, the board shall require the contractor to file

238-16 a bond or establish a cash deposit in an amount fixed by the board.

238-17 The contractor shall maintain the bond or cash deposit for the

238-18 period required by the board.

238-19 7. As used in this section, "substantiated claims for wages" has

238-20 the meaning ascribed to it in section 2 of [this act.] Senate Bill No.

238-21 368 of this session.

238-22 Sec. 24. [Section] Sections 6 and 7 of this act [becomes]

238-23 become effective at 12:01 a.m. on October 1, 1997.

238-24 Sec. 77. Sections 4 and 13 of chapter 557, Statutes of Nevada 1997, at

238-25 pages 2703 and 2706, respectively, are hereby amended to read

238-26 respectively as follows:

238-27 Sec. 4. NRS 353.335 is hereby amended to read as follows:

238-28 353.335 1. Except as otherwise provided in subsections 5 and

238-29 6, a state agency may accept any gift or grant of property or services

238-30 from any source only if it is included in an act of the legislature

238-31 authorizing expenditures of nonappropriated money or, when it is

238-32 not so included, if it is approved as provided in subsection 2.

238-33 2. If:

238-34 (a) Any proposed gift or grant is necessary because of an

238-35 emergency as defined in NRS 353.263 or for the protection or

238-36 preservation of life or property, the governor shall take reasonable

238-37 and proper action to accept it and shall report the action and his

238-38 reasons for determining that immediate action was necessary to the

238-39 interim finance committee at its first meeting after the action is

238-40 taken. Action by the governor pursuant to this paragraph constitutes

238-41 acceptance of the gift or grant, and other provisions of this chapter

238-42 requiring approval before acceptance do not apply.

239-1 (b) The governor determines that any proposed gift or grant

239-2 would be forfeited if the state failed to accept it before the

239-3 expiration of the period prescribed in paragraph (c), he may declare

239-4 that the proposed acceptance requires expeditious action by the

239-5 interim finance committee. Whenever the governor so declares, the

239-6 interim finance committee has 15 days after the proposal is

239-7 submitted to its secretary within which to approve or deny the

239-8 acceptance. Any proposed acceptance which is not considered

239-9 within the 15-day period shall be deemed approved.

239-10 (c) The proposed acceptance of any gift or grant does not qualify

239-11 pursuant to paragraph (a) or (b), it must be submitted to the interim

239-12 finance committee. The interim finance committee has 45 days after

239-13 the proposal is submitted to its secretary within which to consider

239-14 acceptance. Any proposed acceptance which is not considered

239-15 within the 45-day period shall be deemed approved.

239-16 3. The secretary shall place each request submitted to him

239-17 pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the

239-18 next meeting of the interim finance committee.

239-19 4. In acting upon a proposed gift or grant, the interim finance

239-20 committee shall consider, among other things:

239-21 (a) The need for the facility or service to be provided or

239-22 improved;

239-23 (b) Any present or future commitment required of the state;

239-24 (c) The extent of the program proposed; and

239-25 (d) The condition of the national economy, and any related fiscal

239-26 or monetary policies.

239-27 5. A state agency may accept:

239-28 (a) Gifts, including grants from nongovernmental sources, not

239-29 exceeding $10,000 each in value; and

239-30 (b) Governmental grants not exceeding [$50,000] $100,000 each

239-31 in value,

239-32 if the gifts or grants are used for purposes which do not involve the

239-33 hiring of new employees and if the agency has the specific approval

239-34 of the governor or, if the governor delegates this power of approval

239-35 to the chief of the budget division of the department of

239-36 administration, the specific approval of the chief.

239-37 6. This section does not apply to:

239-38 (a) The state industrial insurance system;

239-39 (b) The University and Community College System of Nevada;

239-40 or

239-41 (c) The department of human resources while acting as the state

239-42 health planning and development agency pursuant to paragraph (d)

239-43 of subsection 2 of NRS 439A.081 or for donations, gifts or grants to

240-1 be disbursed pursuant to section 1 of [this act.] Senate Bill No. 319

240-2 of this session.

240-3 Sec. 13. 1. This section and sections 7 to 11, inclusive, of

240-4 this act become effective on June 30, 1997.

240-5 2. Sections 1 [to 6, inclusive,] , 2, 3, 5 and 6 of this act become

240-6 effective on July 1, 1997.

240-7 3. Section 4 of this act becomes effective at 12:01 a.m. on

240-8 July 1, 1997.

240-9 Sec. 78. 1. Section 19 of chapter 558, Statutes of Nevada 1997, at

240-10 page 2715, is hereby amended to read as follows:

240-11 Sec. 19. This act becomes effective [upon passage and

240-12 approval.] on July 15, 1997.

240-13 2. Chapter 558, Statutes of Nevada 1997, at page 2715, is hereby

240-14 amended by adding thereto new sections to be designated as sections 18.1

240-15 to 18.6, inclusive, immediately following section 18, to read respectively as

240-16 follows:

240-17 Sec. 18.1. Section 31.1 of chapter 480, Statutes of Nevada

240-18 1997, at page 1857, is hereby amended to read as follows:

240-19 Sec. 31.1. NRS 387.030 is hereby amended to read as

240-20 follows:

240-21 387.030 All money derived from interest on the state

240-22 permanent school fund, together with all money derived from

240-23 other sources provided by law, must:

240-24 1. Be placed in the state distributive school account which is

240-25 hereby created in the state general fund; and

240-26 2. Except as otherwise provided in section 8 of [this act,]

240-27 Senate Bill No. 468 of this session, be apportioned among the

240-28 several school districts and charter schools of [the] this state at

240-29 the times and in the manner provided by law.

240-30 Sec. 18.2. Section 31.3 of chapter 480, Statutes of Nevada

240-31 1997, at page 1857, is hereby amended to read as follows:

240-32 Sec. 31.3. NRS 387.040 is hereby amended to read as

240-33 follows:

240-34 387.040 1. Except as otherwise provided in subsection 2

240-35 and section 8 of [this act,] Senate Bill No. 468 of this session,

240-36 the state treasurer shall pay over all public school money

240-37 received by him for the support of school districts only on

240-38 warrants of the state controller issued upon the orders of the

240-39 superintendent of public instruction in favor of county treasurers.

240-40 When endorsed, the orders are valid vouchers in the hands of the

240-41 state controller for the disbursement of public school money.

240-42 2. Except as otherwise provided in section 8 of [this act,]

240-43 Senate Bill No. 468 of this session, if the board of trustees of a

241-1 school district establishes and administers a separate account

241-2 pursuant to the provisions of NRS 354.603, the state treasurer

241-3 shall pay over to the school district all public school money due

241-4 [to] the school district.

241-5 3. The state treasurer shall pay over all public school

241-6 money received by him for the support of charter schools only

241-7 on warrants of the state controller issued upon the orders of the

241-8 superintendent of public instruction in favor of the charter

241-9 schools. When endorsed, the orders are valid vouchers in the

241-10 hands of the state controller for the disbursement of public

241-11 school money.

241-12 Sec. 18.3. Section 34.6 of chapter 480, Statutes of Nevada

241-13 1997, at page 1862, is hereby amended to read as follows:

241-14 Sec. 34.6. NRS 387.124 is hereby amended to read as

241-15 follows:

241-16 387.124 Except as otherwise provided in section 8 of [this

241-17 act:] Senate Bill No. 468 of this session:

241-18 1. On or before August 1, November 1, February 1 and May

241-19 1 of each year, the superintendent shall apportion the state

241-20 distributive school account in the state general fund among the

241-21 several county school districts and charter schools in amounts

241-22 approximating one-fourth of their respective yearly

241-23 apportionments less any amount set aside as a reserve.

241-24 [Apportionment] The apportionment to a school district,

241-25 computed on a yearly basis , equals the difference between the

241-26 basic support and the local funds available [.] pursuant to NRS

241-27 387.1235, minus all the funds attributable to pupils who reside

241-28 in the county but attend a charter school. No apportionment

241-29 may be made to a school district if the amount of the local funds

241-30 exceeds the amount of basic support. The apportionment to a

241-31 charter school, computed on a yearly basis, is equal to the sum

241-32 of the basic support per pupil in the county in which the pupil

241-33 resides plus the amount of local funds available per pupil

241-34 pursuant to NRS 387.1235 and all other funds available for

241-35 public schools in the county in which the pupil resides. If the

241-36 apportionment per pupil to a charter school is more than the

241-37 amount to be apportioned to the school district in which a pupil

241-38 who is enrolled in the charter school resides, the school district

241-39 in which the pupil resides shall pay the difference directly to

241-40 the charter school.

241-41 2. If the state controller finds that such an action is needed to

241-42 maintain the balance in the state general fund at a level sufficient

241-43 to pay the other appropriations from it, he may pay out the

242-1 apportionments monthly, each approximately one-twelfth of the

242-2 yearly apportionment less any amount set aside as a reserve. If

242-3 such action is needed, the state controller shall submit a report to

242-4 the department of administration and the fiscal analysis division

242-5 of the legislative counsel bureau documenting reasons for the

242-6 action.

242-7 Sec. 18.4. Section 35.1 of chapter 480, Statutes of Nevada

242-8 1997, at page 1863, is hereby amended to read as follows:

242-9 Sec. 35.1. NRS 387.185 is hereby amended to read as

242-10 follows:

242-11 387.185 1. Except as otherwise provided in subsection 2

242-12 and section 8 of [this act,] Senate Bill No. 468 of this session, all

242-13 school money due each county school district must be paid over

242-14 by the state treasurer to the county treasurer on August 1,

242-15 November 1, February 1 and May 1 of each year or as soon

242-16 thereafter as the county treasurer may apply for it, upon the

242-17 warrant of the state controller drawn in conformity with the

242-18 apportionment of the superintendent of public instruction as

242-19 provided in NRS 387.124.

242-20 2. Except as otherwise provided in section 8 of [this act,]

242-21 Senate Bill No. 468 of this session, if the board of trustees of a

242-22 school district establishes and administers a separate account

242-23 pursuant to the provisions of NRS 354.603, all school money due

242-24 [to] that school district must be paid over by the state treasurer to

242-25 the school district on August 1, November 1, February 1 and

242-26 May 1 of each year or as soon thereafter as the school district

242-27 may apply for it, upon the warrant of the state controller drawn in

242-28 conformity with the apportionment of the superintendent of

242-29 public instruction as provided in NRS 387.124.

242-30 3. No county school district may receive any portion of the

242-31 public school money unless that school district has complied with

242-32 the provisions of this Title and regulations adopted pursuant

242-33 thereto.

242-34 4. All school money due each charter school must be paid

242-35 over by the state treasurer to the governing body of the charter

242-36 school on August 1, November 1, February 1 and May 1 of

242-37 each year or as soon thereafter as the governing body may

242-38 apply for it, upon the warrant of the state controller drawn in

242-39 conformity with the apportionment of the superintendent of

242-40 public instruction as provided in NRS 387.124.

243-1 Sec. 18.5. Section 35.2 of chapter 480, Statutes of Nevada

243-2 1997, at page 1864, is hereby amended to read as follows:

243-3 Sec. 35.2. NRS 387.205 is hereby amended to read as

243-4 follows:

243-5 387.205 1. Money on deposit in the county school district

243-6 fund or in a separate account, if the board of trustees of a school

243-7 district has elected to establish such an account [under] pursuant

243-8 to the provisions of NRS 354.603, must be used for:

243-9 (a) Maintenance and operation of the public schools [.]

243-10 controlled by the county school district.

243-11 (b) Payment of premiums for Nevada industrial insurance.

243-12 (c) Rent of schoolhouses.

243-13 (d) Construction, furnishing or rental of teacherages, when

243-14 approved by the superintendent of public instruction.

243-15 (e) Transportation of pupils, including the purchase of new

243-16 buses.

243-17 (f) Programs of nutrition, if such expenditures do not curtail

243-18 the established school program or make it necessary to shorten

243-19 the school term, and each pupil furnished lunch whose parent or

243-20 guardian is financially able so to do pays at least the actual cost

243-21 of the lunch.

243-22 (g) Membership fees, dues and contributions to an

243-23 interscholastic activities association.

243-24 (h) Repayment of a loan made from the state permanent

243-25 school fund pursuant to section 7 of [this act.] Senate Bill No.

243-26 468 of this session.

243-27 2. Money on deposit in the county school district fund, or in

243-28 a separate account, if the board of trustees of a school district has

243-29 elected to establish such an account [under] pursuant to the

243-30 provisions of NRS 354.603, when available, may be used for:

243-31 (a) Purchase of sites for school facilities.

243-32 (b) Purchase of buildings for school use.

243-33 (c) Repair and construction of buildings for school use.

243-34 Sec. 18.6. Section 14 of chapter 585, Statutes of Nevada 1997,

243-35 at page 2879, is hereby amended to read as follows:

243-36 Sec. 14. NRS 355.060 is hereby amended to read as follows:

243-37 355.060 1. The state controller shall notify the state

243-38 treasurer monthly of the amount of uninvested money in the state

243-39 permanent school fund.

243-40 2. Whenever there is a sufficient amount of money for

243-41 investment in the state permanent school fund, the state treasurer

243-42 shall proceed to negotiate for the investment of the money in:

243-43 (a) United States bonds;

244-1 (b) Obligations or certificates of the Federal National

244-2 Mortgage Association, the Federal Home Loan Banks, the

244-3 Federal Home Loan Mortgage Corporation, the Federal Farm

244-4 Credit Banks Funding Corporation or the Student Loan

244-5 Marketing Association, whether or not guaranteed by the United

244-6 States;

244-7 (c) Bonds of this state or of other states;

244-8 (d) Bonds of any county of the State of Nevada;

244-9 (e) United States treasury notes;

244-10 (f) Farm mortgage loans fully insured and guaranteed by the

244-11 Farmers Home Administration of the United States Department

244-12 of Agriculture; [or]

244-13 (g) Loans at a rate of interest of not less than 6 percent per

244-14 annum, secured by mortgage on agricultural lands in this state of

244-15 not less than three times the value of the amount loaned,

244-16 exclusive of perishable improvements, of unexceptional title and

244-17 free from all encumbrances [.] ; or

244-18 (h) Money market mutual funds that:

244-19 (1) Are registered with the Securities and Exchange

244-20 Commission;

244-21 (2) Are rated by a nationally recognized rating service as

244-22 "AAA" or its equivalent; and

244-23 (3) Invest only in securities issued or guaranteed as to

244-24 payment of principal and interest by the Federal Government,

244-25 or its agencies or instrumentalities, or in repurchase

244-26 agreements that are fully collateralized by such securities.

244-27 3. In addition to the investments authorized by subsection 2,

244-28 the state treasurer may make loans of money from the state

244-29 permanent school fund to school districts pursuant to section 7 of

244-30 [this act.] Senate Bill No. 468 of this session.

244-31 4. No part of the state permanent school fund may be

244-32 invested pursuant to a reverse-repurchase agreement.

244-33 Sec. 79. Section 3 of chapter 561, Statutes of Nevada 1997, at page

244-34 2728, is hereby amended to read as follows:

244-35 Sec. 3. The real property to be exempt from any trust imposed

244-36 by the statutes enumerated in section 1 of this act and to be made

244-37 immediately available for use by Washoe County as specified in

244-38 section 2 of this act is described as follows:

244-39 All that certain piece or parcel of land situate in the southwest 1/4

244-40 of section 1, township 19 north, range 19 east, M.D.M. and being

244-41 more particularly described as follows:

245-1 Beginning at the intersection of the east right-of-way line of North

245-2 Wells Avenue and the north right-of-way line of East Ninth Street

245-3 in the City of Reno, County of Washoe, State of Nevada, said

245-4 intersection being the point of beginning; thence North 1° 43¢ 54²

245-5 East, 779.20 feet along the east right-of-way line of said North

245-6 Wells Avenue; thence leaving said right-of-way and proceeding

245-7 South 88° 12¢ 41² East, 588.99 feet; thence South 1° 48¢ 24² West,

245-8 65.00 feet; thence south 88° 12¢ 41² east 669.35 feet to a point on

245-9 the west right-of-way line of Sutro Street; thence south 0° 33¢ 14²

245-10 west, 690.66 feet along the west right-of-way of Sutro Street to the

245-11 point of intersection with the north right-of-way line of East Ninth

245-12 Street; thence along the north right-of-way line of East Ninth Street,

245-13 north 89° 16¢ 47² west 1272.65 feet to the said point of beginning

245-14 and containing an area of 21.3 acres more or less.

245-15 Sec. 80. 1. Section 49 of chapter 565, Statutes of Nevada 1997, at

245-16 page 2765, is hereby amended to read as follows:

245-17 Sec. 49. 1. This section and sections 1 to 23, inclusive, 24 to

245-18 47, inclusive, and 48 of this act [becomes] become effective upon

245-19 passage and approval.

245-20 2. Sections 47.1 and 47.2 of this act become effective on July

245-21 17, 1997.

245-22 3. Sections 23.1 and 23.2 of this act become effective on

245-23 October 1, 1997.

245-24 2. Chapter 565, Statutes of Nevada 1997, at page 2750, is hereby

245-25 amended by adding thereto new sections to be designated as sections 23.1

245-26 and 23.2, immediately following section 23, to read respectively as follows:

245-27 Sec. 23.1. Section 7 of this act is hereby amended to read as

245-28 follows:

245-29 Sec. 7. "Public utility" includes:

245-30 1. A person or local government that:

245-31 (a) Provides electric energy or gas, whether or not the person

245-32 or local government is subject to regulation by the public

245-33 [service] utilities commission of Nevada;

245-34 (b) Is a telecommunication carrier as that term is defined in 47

245-35 U.S.C. § 153 on the effective date of this act, if the person or

245-36 local government holds a certificate of public convenience and

245-37 necessity issued by the public [service] utilities commission of

245-38 Nevada and derives intrastate revenue from the provision of

245-39 telecommunication service to retail customers; or

245-40 (c) Sells or resells personal wireless services.

245-41 2. A community antenna television company as that term is

245-42 defined in NRS 711.030.

246-1 Sec. 23.2. Section 8 of this act is hereby amended to read as

246-2 follows:

246-3 Sec. 8. "Revenue" does not include:

246-4 1. Any proceeds from the interstate sale of natural gas to a

246-5 provider of electric energy that holds a certificate of public

246-6 convenience and necessity issued by the public [service] utilities

246-7 commission of Nevada;

246-8 2. Any revenue of a provider of a telecommunication service

246-9 other than intrastate revenue that the provider collects from retail

246-10 customers; or

246-11 3. The amount deducted from the gross revenue of a

246-12 community antenna television company pursuant to paragraph (b)

246-13 of subsection 2 of NRS 711.200.

246-14 3. Chapter 565, Statutes of Nevada 1997, at page 2765, is hereby

246-15 amended by adding thereto new sections to be designated as sections 47.1

246-16 and 47.2, immediately following section 47, to read respectively as follows:

246-17 Sec. 47.1. Section 345 of chapter 482, Statutes of Nevada

246-18 1997, at page 2023, is hereby amended to read as follows:

246-19 Sec. 345. 1. This section and sections 4, 20, 21, 22, 27 to

246-20 54, inclusive, 230 to 233, inclusive, 320 to 326, inclusive, 333.7,

246-21 334, 335 to 344, inclusive, 346 and 347 of this act become

246-22 effective upon passage and approval.

246-23 2. Sections 1, 2, 3, 5 to 19, inclusive, 23 to 26, inclusive, 55

246-24 to 70, inclusive, 71 to 133, inclusive, 135 to 150, inclusive, 152

246-25 to 174, inclusive, 176, 178 to 221, inclusive, 223 to 227,

246-26 inclusive, 229, 234 to [278,] 274, inclusive, 276, 277, 278, 280

246-27 to 319, inclusive, 327, 328, 329, 331 to 333.5, inclusive, and

246-28 334.5 of this act become effective on October 1, 1997.

246-29 3. Sections 151, 222, 228 and 330 of this act become

246-30 effective at 12:01 a.m. on October 1, 1997.

246-31 Sec. 47.2. Section 275 of chapter 482, Statutes of Nevada

246-32 1997, at page 1987, is hereby repealed.

246-33 Sec. 81. Sections 1 and 10 of chapter 566, Statutes of Nevada 1997, at

246-34 pages 2765 and 2767, respectively, are hereby amended to read

246-35 respectively as follows:

246-36 Section 1. Chapter 616A of NRS is hereby amended by adding

246-37 thereto a new section to read as follows:

246-38 1. Any:

246-39 (a) Teacher who, as part of the program to offer pupils who

246-40 are enrolled in grades 7 through 12, inclusive, the skills to make

246-41 the transition from school to careers established pursuant to NRS

246-42 388.368, works without pay for an employer other than the school

246-43 district, university or community college with which the teacher is

247-1 employed, and is not specifically covered by any other provisions

247-2 of chapters 616A to 616D, inclusive, of NRS, while engaging in

247-3 that work; or

247-4 (b) Pupil who, as part of the program to offer pupils who are

247-5 enrolled in grades 7 through 12, inclusive, the skills to make the

247-6 transition from school to careers established pursuant to NRS

247-7 388.368, works without pay for an employer,

247-8 shall be deemed for the purposes of chapters 616A to 616D,

247-9 inclusive, of NRS to be an employee of that employer at the wage

247-10 of $900 per month. The teacher or pupil is entitled to the benefits

247-11 of those chapters when the employer complies with the provisions

247-12 of those chapters and the regulations adopted pursuant thereto.

247-13 2. A person who is insured by the system and is deemed to be

247-14 the employer of a teacher or pupil pursuant to subsection 1 shall:

247-15 (a) Report to the insurer the name of the teacher or pupil and

247-16 the classification of risk assigned for the teacher or pupil; and

247-17 (b) Pay the premium for each month or portion thereof for

247-18 which the teacher or pupil performs work without pay for the

247-19 employer.

247-20 Sec. 10. 1. This act becomes effective upon passage and

247-21 approval.

247-22 2. Section 1 of this act expires by limitation on June 30, 2003.

247-23 Sec. 82. Section 20 of chapter 570, Statutes of Nevada 1997, at page

247-24 2783, is hereby amended to read as follows:

247-25 Sec. 20. NRS 293.3608 is hereby amended to read as follows:

247-26 293.3608 On election day the county or city clerk shall:

247-27 1. Ensure that each mechanical recording device used during

247-28 the period for early voting provides a record printed on paper of the

247-29 total number of votes recorded on the device for each candidate and

247-30 for or against each measure; and

247-31 2. Deliver to the central counting place:

247-32 (a) The items [:

247-33 (1) Sorted] sorted and counted pursuant to subsection 3 of

247-34 NRS 293.3604; [or

247-35 (2) Counted pursuant to subsection 2 of NRS 298.360;]

247-36 (b) The records printed on paper provided pursuant to subsection

247-37 1; and

247-38 (c) The storage device required pursuant to NRS 293B.084 from

247-39 each mechanical recording device used during the period for early

247-40 voting.

248-1 Sec. 83. 1. Sections 39 and 41 of chapter 573, Statutes of Nevada

248-2 1997, at page 2821, are hereby amended to read respectively as follows:

248-3 Sec. 39. 1. NRS 82.146, 82.151, 82.156, 82.161, 82.166,

248-4 82.171 and 82.176, and section 25 of chapter 631, Statutes of

248-5 Nevada 1997, at page 3126, are hereby repealed.

248-6 2. NRS 225.160 is hereby repealed.

248-7 Sec. 41. 1. This section, section 3, subsection 2 of section 39

248-8 and section 40 of this act become effective on July 1, 1997.

248-9 2. Sections 1, 4 to [38] 8, inclusive, 10 to 38.5, inclusive,
248-10 and subsection 1 of section 39 of this act become effective on

248-11 October 1, 1997.

248-12 3. [Section] Sections 2 and 9 of this act [becomes] become

248-13 effective on October 1, 1997, and [expires] expire by limitation on

248-14 July 1, 1999.

248-15 4. Section 8.5 of this act becomes effective on July 2, 1999.

248-16 2. Chapter 573, Statutes of Nevada 1997, at page 2806, is hereby

248-17 amended by adding thereto a new section to be designated as section 8.5,

248-18 immediately following section 8, to read as follows:

248-19 Sec. 8.5. NRS 225.140 is hereby amended to read as follows:

248-20 225.140 1. Except as otherwise provided in subsection 2, in

248-21 addition to other fees authorized by law, the secretary of state shall

248-22 charge and collect the following fees:

248-23 For a copy of any law, joint resolution, transcript of

248-24 record, or other paper on file or of record in his

248-25 office, other than a document required to be filed

248-26 pursuant to Title 24 of NRS, per page $1.00

248-27 For a copy of any document required to be filed

248-28 pursuant to Title 24 of NRS, per page .50

248-29 For certifying to any such copy and use of the state seal,

248-30 for each impression 10.00

248-31 For each passport or other document signed by the

248-32 governor and attested by the secretary of state 10.00

248-33 For a negotiable instrument returned unpaid 10.00

248-34 2. The secretary of state:

248-35 (a) Shall charge a reasonable fee for searching records and

248-36 documents kept in his office.

248-37 (b) May charge or collect any filing or other fees for services

248-38 rendered by him to the State of Nevada, any local governmental

248-39 agency or agency of the Federal Government, or any officer thereof

248-40 in his official capacity or respecting his office or official duties.

248-41 (c) May not charge or collect a filing or other fee for:

249-1 (1) Attesting extradition papers or executive warrants for

249-2 other states.

249-3 (2) Any commission or appointment issued or made by the

249-4 governor, either for the use of the state seal or otherwise.

249-5 (d) May charge a reasonable fee, not to exceed $100, for

249-6 providing special services including, but not limited to, providing

249-7 service on the day it is requested or within 24 hours, accepting

249-8 documents filed by facsimile machine, and other use of new

249-9 technology.

249-10 (e) Shall charge a fee, not to exceed the actual cost to the

249-11 secretary of state, for providing:

249-12 (1) A copy of any record kept in his office that is stored on a

249-13 computer or on microfilm if the copy is provided on a tape, disk or

249-14 other medium used for the storage of information by a computer or

249-15 on duplicate film.

249-16 (2) Access to his computer data base on which records are

249-17 stored.

249-18 3. [Except as otherwise provided in section 2 of this act, all] All

249-19 fees collected pursuant to paragraph (d) of subsection 2 must be

249-20 deposited with the state treasurer for credit to the account for

249-21 special services of the secretary of state in the state general fund.

249-22 Any amount remaining in the account at the end of a fiscal year in

249-23 excess of $2,000,000 must be transferred to the state general fund.

249-24 Money in the account may be transferred to the secretary of state’s

249-25 operating general fund budget account and must only be used to

249-26 create and maintain the capability of the office of the secretary of

249-27 state to provide special services, including, but not limited to,

249-28 providing service:

249-29 (a) On the day it is requested or within 24 hours; or

249-30 (b) Necessary to increase or maintain the efficiency of the
249-31 office.

249-32 Any transfer of money from the account for expenditure by the

249-33 secretary of state must be approved by the interim finance

249-34 committee.

249-35 3. Chapter 573, Statutes of Nevada 1997, at page 2821, is hereby

249-36 amended by adding thereto a new section to be designated as section 38.5,

249-37 immediately following section 38, to read as follows:

249-38 Sec. 38.5. Section 24 of chapter 208, Statutes of Nevada 1997,

249-39 at page 709, is hereby amended to read as follows:

249-40 Sec. 24. Chapter 82 of NRS is hereby amended by adding

249-41 thereto a new section to read as follows:

249-42 1. The board of directors of a corporation without shares of

249-43 stock which was organized before October 1, 1991, pursuant to

250-1 any provision of chapter 81 of NRS or a predecessor statute and

250-2 whose permissible term of existence as stated in the articles of

250-3 incorporation has expired may, within 10 years after the date of

250-4 the expiration of its existence, elect to revive its charter and

250-5 accept this chapter by adopting a resolution reviving the expired

250-6 charter and adopting new articles of incorporation conforming to

250-7 this chapter and any other statutes pursuant to which the

250-8 corporation may have been organized. The new articles of

250-9 incorporation need not contain the names, addresses, signatures

250-10 or acknowledgments of the incorporators.

250-11 2. A certificate of election to accept this chapter pursuant to

250-12 this section must be signed by the president or a vice president

250-13 and acknowledged before a person authorized by the laws of this

250-14 state to take acknowledgments of deeds, and must set forth:

250-15 (a) The name of the corporation.

250-16 (b) A statement by the corporation that it has elected to accept

250-17 this chapter and adopt new articles of incorporation conforming

250-18 to the provisions of this chapter and any other statutes pursuant to

250-19 which the corporation may have been organized.

250-20 (c) A statement by the corporation that since the expiration of

250-21 its charter it has remained organized and continued to carry on

250-22 the activities for which it was formed and authorized by its

250-23 original articles of incorporation and amendments thereto, and

250-24 desires to continue through revival its existence pursuant to and

250-25 subject to the provisions of this chapter.

250-26 (d) A statement that the attached copy of the articles of

250-27 incorporation of the corporation are the new articles of

250-28 incorporation of the corporation.

250-29 (e) A statement setting forth the date of the meeting of the

250-30 board of directors at which the election to accept and adopt was

250-31 made, that a quorum was present at the meeting and that the

250-32 acceptance and adoption were authorized by a majority vote of

250-33 the directors present at the meeting.

250-34 3. The certificate so signed and acknowledged, and a

250-35 certificate of acceptance of appointment executed by the resident

250-36 agent of the corporation, must be filed in the office of the

250-37 secretary of state.

250-38 4. [If the corporation is not in compliance with the

250-39 provisions of NRS 82.146 or 82.176, it must comply with the

250-40 provisions of those sections and pay the fees required by NRS

250-41 82.146 to 82.171, inclusive.

250-42 5.] The new articles of incorporation become effective on the

250-43 date of filing the certificate. The corporation’s existence

251-1 continues from the date of expiration of the original term, with all

251-2 the corporation’s rights, franchises, privileges and immunities

251-3 and subject to all its existing and preexisting debts, duties and

251-4 liabilities.

251-5 Sec. 84. 1. Section 2 of chapter 576, Statutes of Nevada 1997, at

251-6 page 2826, is hereby amended to read as follows:

251-7 Sec. 2. This act becomes effective [upon passage and

251-8 approval.] on July 15, 1997.

251-9 2. Chapter 576, Statutes of Nevada 1997, at page 2826, is hereby

251-10 amended by adding thereto a new section to be designated as section 1.1,

251-11 immediately following section 1, to read as follows:

251-12 Sec. 1.1. Section 34.7 of chapter 480, Statutes of Nevada

251-13 1997, at page 1862, is hereby amended to read as follows:

251-14 Section 34.7. NRS 387.1243 is hereby amended to read as

251-15 follows:

251-16 387.1243 1. The first apportionment based on an estimated

251-17 number of pupils and special education program units and

251-18 succeeding apportionments are subject to adjustment from time

251-19 to time as the need therefor may appear.

251-20 2. The apportionments to a school district may be adjusted

251-21 during a fiscal year by the department of education, upon

251-22 approval by the board of examiners and the interim finance

251-23 committee, if the department of taxation and the county assessor

251-24 in the county in which the school district is located certify to the

251-25 department of education that the school district will not receive

251-26 the tax levied pursuant to subsection 1 of NRS 387.195 on

251-27 property of the Federal Government located within the county if:

251-28 (a) The leasehold interest, possessory interest, beneficial

251-29 interest or beneficial use of the property is subject to taxation

251-30 pursuant to NRS 361.157 and 361.159 and one or more lessees

251-31 or users of the property are delinquent in paying the tax; and

251-32 (b) The total amount of tax owed but not paid for the fiscal

251-33 year by any such lessees and users is at least 5 percent of the

251-34 proceeds that the school district would have received from the tax

251-35 levied pursuant to subsection 1 of NRS 387.195.

251-36 If a lessee or user pays the tax owed after the school district’s

251-37 apportionment has been increased in accordance with the

251-38 provisions of this subsection to compensate for the tax owed, the

251-39 school district shall repay to the distributive school account in the

251-40 state general fund an amount equal to the tax received from the

251-41 lessee or user for the year in which the school district received an

251-42 increased apportionment, not to exceed the increase in

252-1 apportionments made to the school district pursuant to this

252-2 subsection.

252-3 3. A final adjustment must be computed as soon as

252-4 practicable following the close of the school year, but not later

252-5 than August 25. The final computation must be based upon the

252-6 actual counts of pupils required to be made for the computation

252-7 of basic support and the limits upon the support of special

252-8 education programs, except that for any year when the total

252-9 enrollment of pupils and children described in paragraphs (a),

252-10 (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the

252-11 last day of any school month after the second school month and

252-12 the increase in enrollment shows at least:

252-13 (a) A 3 percent gain, basic support as computed from first

252-14 month enrollment must be increased by 2 percent.

252-15 (b) A 6 percent gain, basic support as computed from first

252-16 month enrollment must be increased by an additional 2 percent.

252-17 4. If the final computation of apportionment for any school

252-18 district or charter school exceeds the actual amount paid to the

252-19 school district or charter school during the school year, the

252-20 additional amount due must be paid before September 1. If the

252-21 final computation of apportionment for any school district or

252-22 charter school is less than the actual amount paid to the school

252-23 district or charter school during the school year, the difference

252-24 must be repaid to the state distributive school account in the state

252-25 general fund by the school district or charter school before

252-26 September 25.

252-27 Sec. 85. 1. Section 1 of chapter 577, Statutes of Nevada 1997, at

252-28 page 2826, is hereby amended to read as follows:

252-29 Section 1. NRS 350.020 is hereby amended to read as follows:

252-30 350.020 1. Except as otherwise [permitted] provided by

252-31 subsection 3, [when any] if a municipality proposes to issue or incur

252-32 general obligations, the proposal must be submitted to the electors

252-33 of the municipality at a special election called for that purpose or

252-34 the next [primary or] general municipal election or [primary or]

252-35 general state election.

252-36 2. Such a special election may be held:

252-37 (a) At any time if the governing body of the municipality

252-38 determines, by a unanimous vote, that an emergency exists; or

252-39 (b) On the first Tuesday after the first Monday in June of an odd-

252-40 numbered year.

252-41 The determination made by the governing body is conclusive unless

252-42 it is shown that the governing body acted with fraud or a gross

252-43 abuse of discretion. An action to challenge the determination made

253-1 by the governing body must be commenced within 15 days after the

253-2 governing body’s determination is final. As used in this subsection,

253-3 "emergency" means any occurrence or combination of occurrences

253-4 which requires immediate action by the governing body of the

253-5 municipality to prevent or mitigate a substantial financial loss to the

253-6 municipality or to enable the governing body to provide an essential

253-7 service to the residents of the municipality.

253-8 3. If payment of a general obligation of the municipality is

253-9 additionally secured by a pledge of gross or net revenue of a project

253-10 to be financed by its issue, and the governing body determines, by

253-11 an affirmative vote of two-thirds of the members elected to the

253-12 governing body, that the pledged revenue will at least equal the

253-13 amount required in each year for the payment of interest and

253-14 principal, without regard to any option reserved by the municipality

253-15 for early redemption, the municipality may, after a public hearing,

253-16 incur this general obligation without an election unless, within 60

253-17 days after publication of a resolution of intent to issue the bonds, a

253-18 petition is presented to the governing body signed by not less than 5

253-19 percent of the registered voters of the municipality who together

253-20 with any corporate petitioners own not less than 2 percent in

253-21 assessed value of the taxable property of the municipality. Any

253-22 member elected to the governing body whose authority to vote is

253-23 limited by charter, statute or otherwise may vote on the

253-24 determination required to be made by the governing body pursuant

253-25 to this subsection. The determination by the governing body

253-26 becomes conclusive on the last day for filing the petition. For the

253-27 purpose of this subsection, the number of registered voters must be

253-28 determined as of the close of registration for the last preceding

253-29 general election and assessed values must be determined from the

253-30 next preceding final assessment roll. An authorized corporate

253-31 officer may sign such a petition whether or not he is a registered

253-32 voter. The resolution of intent need not be published in full, but the

253-33 publication must include the amount of the obligation and the

253-34 purpose for which it is to be incurred. Notice of the public hearing

253-35 must be published at least 10 days before the day of the hearing.

253-36 The publications must be made once in a newspaper of general

253-37 circulation in the municipality. When published, the notice of the

253-38 public hearing must be at least as large as 5 inches high by 4 inches

253-39 wide.

253-40 4. A municipality may issue special or medium-term

253-41 obligations without an election.

254-1 2. Chapter 577, Statutes of Nevada 1997, at page 2827, is

254-2 hereby amended by adding thereto new sections to be designated as

254-3 sections 2 and 3, immediately following section 1, to read

254-4 respectively as follows:

254-5 Sec. 2. Sections 18 and 31 of chapter 516, Statutes of Nevada

254-6 1997, at pages 2464 and 2470, respectively, are hereby amended to

254-7 read respectively as follows:

254-8 Sec. 18. NRS 350.020 is hereby amended to read as follows:

254-9 350.020 1. Except as otherwise provided by [subsection 3,]

254-10 subsections 3 and 4, if a municipality proposes to issue or incur

254-11 general obligations, the proposal must be submitted to the

254-12 electors of the municipality at a special election called for that

254-13 purpose or the next general municipal election or general state

254-14 election.

254-15 2. Such a special election may be held:

254-16 (a) At any time if the governing body of the municipality

254-17 determines, by a unanimous vote, that an emergency exists; or

254-18 (b) On the first Tuesday after the first Monday in June of an

254-19 odd-numbered year.

254-20 The determination made by the governing body is conclusive

254-21 unless it is shown that the governing body acted with fraud or a

254-22 gross abuse of discretion. An action to challenge the

254-23 determination made by the governing body must be commenced

254-24 within 15 days after the governing body’s determination is final.

254-25 As used in this subsection, "emergency" means any occurrence or

254-26 combination of occurrences which requires immediate action by

254-27 the governing body of the municipality to prevent or mitigate a

254-28 substantial financial loss to the municipality or to enable the

254-29 governing body to provide an essential service to the residents of

254-30 the municipality.

254-31 3. If payment of a general obligation of the municipality is

254-32 additionally secured by a pledge of gross or net revenue of a

254-33 project to be financed by its issue, and the governing body

254-34 determines, by an affirmative vote of two-thirds of the members

254-35 elected to the governing body, that the pledged revenue will at

254-36 least equal the amount required in each year for the payment of

254-37 interest and principal, without regard to any option reserved by

254-38 the municipality for early redemption, the municipality may, after

254-39 a public hearing, incur this general obligation without an election

254-40 unless, within 60 days after publication of a resolution of intent

254-41 to issue the bonds, a petition is presented to the governing body

254-42 signed by not less than 5 percent of the registered voters of the

254-43 municipality who together with any corporate petitioners own not

254-44 less than 2 percent in assessed value of the taxable property of

255-1 the municipality. Any member elected to the governing body

255-2 whose authority to vote is limited by charter, statute or otherwise

255-3 may vote on the determination required to be made by the

255-4 governing body pursuant to this subsection. The determination by

255-5 the governing body becomes conclusive on the last day for filing

255-6 the petition. For the purpose of this subsection, the number of

255-7 registered voters must be determined as of the close of

255-8 registration for the last preceding general election and assessed

255-9 values must be determined from the next preceding final

255-10 assessment roll. An authorized corporate officer may sign such a

255-11 petition whether or not he is a registered voter. The resolution of

255-12 intent need not be published in full, but the publication must

255-13 include the amount of the obligation and the purpose for which it

255-14 is to be incurred. Notice of the public hearing must be published

255-15 at least 10 days before the day of the hearing. The publications

255-16 must be made once in a newspaper of general circulation in the

255-17 municipality. When published, the notice of the public hearing

255-18 must be at least as large as 5 inches high by 4 inches wide.

255-19 4. Until June 30, 2008, the board of trustees of a school

255-20 district may issue general obligation bonds which are not

255-21 expected to result in an increase in the existing property tax

255-22 levy for the payment of bonds of the school district without

255-23 holding an election for each issuance of the bonds if the

255-24 qualified electors approve a question submitted by the board of

255-25 trustees that authorizes issuance of bonds in such a manner. If

255-26 the question is approved, the board of trustees of the school

255-27 district may issue the bonds, after obtaining the approval of the

255-28 debt management commission in the county in which the

255-29 school district is located and, in a county whose population is

255-30 100,000 or more, the approval of the oversight panel for school

255-31 facilities established pursuant to section 6 of this act in that

255-32 county, if the board of trustees of the school district finds that

255-33 the existing tax for debt service will at least equal the amount

255-34 required to pay the principal and interest on the outstanding

255-35 general obligations of the school district and the general

255-36 obligations proposed to be issued. The finding made by the

255-37 board of trustees is conclusive in the absence of fraud or gross

255-38 abuse of discretion. As used in this subsection, "general

255-39 obligations" does not include medium-term obligations issued

255-40 pursuant to NRS 350.085 to 350.095, inclusive.

255-41 5. At the time of issuance of bonds authorized pursuant to

255-42 subsection 4, the board of trustees shall establish a reserve

255-43 account in its debt service fund for payment of the outstanding

256-1 bonds of the school district. The reserve account must be

256-2 established and maintained in an amount at least equal to the

256-3 lesser of the amount of principal and interest payments due on

256-4 all of the outstanding bonds of the school district in the next

256-5 fiscal year or 10 percent of the outstanding principal amount of

256-6 the outstanding bonds of the school district. If the amount in

256-7 the reserve account falls below the amount required by this

256-8 subsection:

256-9 (a) The board of trustees shall not issue additional bonds

256-10 pursuant to subsection 4 until the reserve account is restored to

256-11 the level required by this subsection; and

256-12 (b) The board of trustees shall apply all of the taxes levied

256-13 by the school district for payment of bonds of the school district

256-14 that are not needed for payment of the principal and interest on

256-15 bonds of the school district in the current fiscal year to restore

256-16 the reserve account to the level required pursuant to this

256-17 subsection.

256-18 6. A municipality may issue special or medium-term

256-19 obligations without an election.

256-20 Sec. 31. 1. This section and sections 1 to 7, inclusive, 9,

256-21 10, 22 to 25, inclusive, and 27 to 30, inclusive, of this act,

256-22 become effective upon passage and approval. Sections 22 to 25,

256-23 inclusive, of this act, expire by limitation on June 30, 1999.

256-24 2. Sections 11, 11.5, 13, 14, 14.5, 16, 20 and 21 of this act

256-25 become effective on August 1, 1997.

256-26 3. Sections 8, 12 and 15 of this act become effective on July

256-27 1, 1999.

256-28 4. Sections 17 [, 18] and 19 of this act become effective on

256-29 October 1, 1997. The amendatory provisions of sections 17 [, 18]

256-30 and 19 of this act expire by limitation on June 30, 2008.

256-31 5. Section 18 of this act becomes effective at 12:01 a.m. on

256-32 October 1, 1997. The amendatory provisions of section 18 of

256-33 this act expire by limitation on June 30, 2008.

256-34 6. Section 26 of this act becomes effective on July 1, 2008.

256-35 Sec. 3. This section and section 2 of this act become effective

256-36 on September 30, 1997.

256-37 Sec. 86. 1. Sections 1 and 14 of chapter 583, Statutes of Nevada

256-38 1997, at pages 2832 and 2837, respectively, are hereby amended to read

256-39 respectively as follows:

256-40 Section 1. NRS 385.347 is hereby amended to read as follows:

256-41 385.347 1. The board of trustees of each school district in

256-42 this state, in cooperation with associations recognized by the state

256-43 board as representing licensed personnel in education in the district,

257-1 shall adopt a program providing for the accountability of the school

257-2 district to the residents of the district and to the state board for the

257-3 quality of the schools and the educational achievement of the pupils

257-4 in the district.

257-5 2. The board of trustees of each school district shall, on or

257-6 before March 31 of each year, report to the residents of the district

257-7 concerning:

257-8 (a) The educational goals and objectives of the school district.

257-9 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school

257-10 in the district and the district as a whole. Unless otherwise directed

257-11 by the department, the board of trustees of the district shall base its

257-12 report on the results of the examinations administered pursuant to

257-13 NRS 389.015 and shall compare the results of those examinations

257-14 for the current school year with those of previous school years. The

257-15 report must include, for each school in the district and each grade in

257-16 which the examinations were administered:

257-17 (1) The number of pupils who took the examinations;

257-18 (2) An explanation of instances in which a school was exempt

257-19 from administering or a pupil was exempt from taking an

257-20 examination; and

257-21 (3) A record of attendance for the period in which the

257-22 examinations were administered, including an explanation of any

257-23 difference in the number of pupils who took the examinations and

257-24 the number of pupils in attendance in that period.

257-25 In addition, the board shall also report the results of other

257-26 examinations of pupil achievement administered to pupils in the

257-27 school district in grades other than 4, 8, 10 and 11. The results of

257-28 these examinations for the current school year must be compared

257-29 with those of previous school years.

257-30 (c) The ratio of pupils to teachers in kindergarten and at each

257-31 grade level for each elementary school in the district and the district

257-32 as a whole, the average class size for each required course of study

257-33 for each secondary school in the district and the district as a whole,

257-34 and other data concerning licensed and unlicensed employees of the

257-35 school district.

257-36 (d) A comparison of the types of classes that each teacher has

257-37 been assigned to teach with the qualifications and licensure of the

257-38 teacher, for each school in the district and the district as a whole.

257-39 (e) The total expenditure per pupil for each school in the district

257-40 and the district as a whole.

257-41 (f) The curriculum used by the school district, including any

257-42 special programs for pupils at an individual school.

258-1 (g) [Records] The annual rate of the attendance and truancy of

258-2 pupils in all grades, including, without limitation, the average daily

258-3 attendance of pupils, for each school in the district and the district

258-4 as a whole.

258-5 (h) The annual rate of pupils who drop out of school in grades 9

258-6 to 12, inclusive, for each such grade, for each school in the district

258-7 and for the district as a whole.

258-8 (i) Records of attendance of teachers who provide instruction,

258-9 for each school in the district and the district as a whole.

258-10 (j) Efforts made by the school district and by each school in the

258-11 district to increase:

258-12 (1) Communication with the parents of pupils in the district;

258-13 and

258-14 (2) The participation of parents in the educational process and

258-15 activities relating to the school district and each school, including,

258-16 without limitation, the existence of parent organizations and school

258-17 advisory committees.

258-18 (k) Records of incidents involving weapons or violence for each

258-19 school in the district.

258-20 (l) Records of incidents involving the use or possession of

258-21 alcoholic beverages or controlled substances for each school in the

258-22 district.

258-23 (m) Records of the suspension and expulsion of pupils required

258-24 or authorized pursuant to NRS 392.466 and 392.467.

258-25 (n) The transiency rate of pupils for each school in the district

258-26 and the district as a whole.

258-27 (o) Each source of funding for the school district.

258-28 (p) For each high school in the district, the percentage of pupils

258-29 who graduated from that high school in the immediately preceding

258-30 year and enrolled in remedial courses in reading, writing or

258-31 mathematics at a university or community college within the

258-32 University and Community College System of Nevada.

258-33 (q) The technological facilities and equipment available at each

258-34 school and the district’s plan to incorporate educational technology

258-35 at each school.

258-36 (r) Such other information as is directed by the superintendent of

258-37 public instruction.

258-38 3. The superintendent of public instruction shall:

258-39 (a) Prescribe forms for the reports required pursuant to

258-40 subsection 2 and provide the forms to the respective school

258-41 districts.

258-42 (b) Provide statistical information and technical assistance to the

258-43 school districts to ensure that the reports provide comparable

259-1 information with respect to each school in each district and among

259-2 the districts.

259-3 (c) Consult with a representative of the:

259-4 (1) Nevada State Education Association;

259-5 (2) Nevada Association of School Boards;

259-6 (3) Nevada Association of School Administrators;

259-7 (4) Nevada Parent Teachers Association;

259-8 (5) Budget division of the department of administration; and

259-9 (6) Legislative counsel bureau,

259-10 concerning the program and consider any advice or

259-11 recommendations submitted by the representatives with respect to

259-12 the program.

259-13 4. On or before April 15 of each year, the board of trustees of

259-14 each school district shall submit to the advisory board to review

259-15 school attendance created in the county pursuant to section 4 of

259-16 this act the information required in paragraph (g) of subsection 2.

259-17 Sec. 14. Chapter 62 of NRS is hereby amended by adding

259-18 thereto a new section to read as follows:

259-19 1. In addition to any other action authorized pursuant to the

259-20 provisions of this chapter, if a child is found to be in need of

259-21 supervision because he is a habitual truant, the court shall:

259-22 (a) The first time the child is found to be in need of supervision

259-23 because he is a habitual truant:

259-24 (1) Order the child to pay a fine of not more than $100

259-25 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the

259-26 administrative assessment required by NRS 62.223; and

259-27 (2) If the child is 14 years of age or older, order the

259-28 suspension of the child’s driver’s license for 30 days. If the child

259-29 does not possess a driver’s license, the court shall prohibit the

259-30 child from applying for a driver’s license for 30 days:

259-31 (I) Immediately following the date of the order if the child

259-32 is eligible to apply for a driver’s license; or

259-33 (II) After the date he becomes eligible to apply for a

259-34 driver’s license if the child is not eligible to apply for a driver’s

259-35 license.

259-36 (b) The second or any subsequent time the child is found to be

259-37 in need of supervision because he is a habitual truant:

259-38 (1) Order the child to:

259-39 (I) Pay a fine of not more than $200 pursuant to

259-40 paragraph (l) of subsection 1 of NRS 62.211 and the

259-41 administrative assessment required by NRS 62.223;

259-42 (II) Perform not more than 10 hours of community

259-43 service in compliance with the provisions of subsection 3; or

260-1 (III) Comply with the requirements set forth in both

260-2 sub-subparagraphs (I) and (II); and

260-3 (2) If the child is 14 years of age or older, order the

260-4 suspension of the child’s driver’s license for 60 days. If the child

260-5 does not possess a driver’s license, the court shall prohibit the

260-6 child from applying for a driver’s license for 60 days:

260-7 (I) Immediately following the date of the order if the child

260-8 is eligible to apply for a driver’s license; or

260-9 (II) After the date he becomes eligible to apply for a

260-10 driver’s license if the child is not eligible to apply for a driver’s

260-11 license.

260-12 2. The juvenile court may suspend the payment of a fine

260-13 ordered pursuant to paragraph (a) of subsection 1 if the child

260-14 attends school for 60 consecutive school days after the imposition

260-15 of the fine, or has a valid excuse acceptable to his teacher or the

260-16 principal for any absence from school within that period.

260-17 3. The community service ordered pursuant to subsection 1

260-18 must be performed:

260-19 (a) For and under the supervising authority of a county, city,

260-20 town or other political subdivision or agency of this state or a

260-21 charitable organization that renders service to the community or

260-22 its residents; and

260-23 (b) At the child’s school of attendance, if practicable.

260-24 4. If the court issues an order suspending a child’s driver’s

260-25 license pursuant to subsection 1, the judge shall require the child

260-26 to surrender to the court all driver’s licenses then held by the

260-27 child.

260-28 2. Chapter 583, Statutes of Nevada 1997, at page 2860, is hereby

260-29 amended by adding thereto new sections to be designated as sections 28.1

260-30 and 28.2, immediately following section 28, to read respectively as follows:

260-31 Sec. 28.1. Section 3 of chapter 226, Statutes of Nevada 1997,

260-32 at page 793, is hereby amended to read as follows:

260-33 Sec. 3. 1. When a court issues an order pursuant to NRS

260-34 62.226 [, 62.228] or 62.228, section 2 of [this act,] Assembly Bill

260-35 No. 176 of this session or section 14 of this act, it shall forward

260-36 to the department of motor vehicles and public safety a copy of

260-37 the order and the driver’s license of the child who is the subject

260-38 of the order within 5 days after issuing the order.

260-39 2. The department of motor vehicles and public safety:

260-40 (a) Shall not treat such an unlawful act set forth in NRS

260-41 62.226 [, 62.228] or 62.228, section 2 of [this act] Assembly Bill

260-42 No. 176 of this session or section 14 of this act in the manner

260-43 statutorily required for moving traffic violations.

261-1 (b) Shall report the suspension of a driver’s license pursuant

261-2 to NRS 62.226 [, 62.228] or 62.228, section 2 of [this act]

261-3 Assembly Bill No. 176 of this session or section 14 of this act to

261-4 an insurance company or its agent inquiring about the driving

261-5 record of the child, but such a suspension must not be considered

261-6 for the purpose of rating or underwriting.

261-7 (c) Shall not require a child whose driver’s license was

261-8 suspended pursuant to NRS 62.226 [, 62.227] or 62.228, section

261-9 2 of [this act] Assembly Bill No. 176 of this session or section

261-10 14 of this act to submit to the tests and other requirements that

261-11 are adopted by regulation pursuant to subsection 1 of NRS

261-12 483.495 as a condition of reinstatement or reissuance after a

261-13 suspension of his license, unless the suspension also resulted

261-14 from his poor performance as a driver.

261-15 Sec. 28.2. Section 6 of chapter 480, Statutes of Nevada 1997,

261-16 at page 1841, is hereby amended to read as follows:

261-17 Sec. 6. NRS 385.347 is hereby amended to read as follows:

261-18 385.347 1. The board of trustees of each school district in

261-19 this state, in cooperation with associations recognized by the state

261-20 board as representing licensed personnel in education in the

261-21 district, shall adopt a program providing for the accountability of

261-22 the school district to the residents of the district and to the state

261-23 board for the quality of the schools and the educational

261-24 achievement of the pupils in the district [.] , including, without

261-25 limitation, pupils enrolled in charter schools in the school

261-26 district.

261-27 2. The board of trustees of each school district shall, on or

261-28 before March 31 of each year, report to the residents of the

261-29 district concerning:

261-30 (a) The educational goals and objectives of the school district.

261-31 (b) Pupil achievement for grades 4, 8, 10 and 11 for each

261-32 school in the district and the district as a whole [.] , including,

261-33 without limitation, each charter school in the district. Unless

261-34 otherwise directed by the department, the board of trustees of the

261-35 district shall base its report on the results of the examinations

261-36 administered pursuant to NRS 389.015 and shall compare the

261-37 results of those examinations for the current school year with

261-38 those of previous school years. The report must include, for each

261-39 school in the district , including, without limitation, each

261-40 charter school in the district, and each grade in which the

261-41 examinations were administered:

261-42 (1) The number of pupils who took the examinations;

262-1 (2) An explanation of instances in which a school was

262-2 exempt from administering or a pupil was exempt from taking an

262-3 examination; and

262-4 (3) A record of attendance for the period in which the

262-5 examinations were administered, including an explanation of any

262-6 difference in the number of pupils who took the examinations and

262-7 the number of pupils in attendance in that period.

262-8 In addition, the board shall also report the results of other

262-9 examinations of pupil achievement administered to pupils in the

262-10 school district in grades other than 4, 8, 10 and 11. The results of

262-11 these examinations for the current school year must be compared

262-12 with those of previous school years.

262-13 (c) The ratio of pupils to teachers in kindergarten and at each

262-14 grade level for each elementary school in the district and the

262-15 district as a whole, including, without limitation, each charter

262-16 school in the district, the average class size for each required

262-17 course of study for each secondary school in the district and the

262-18 district as a whole, including, without limitation, each charter

262-19 school in the district, and other data concerning licensed and

262-20 unlicensed employees of the school district.

262-21 (d) A comparison of the types of classes that each teacher has

262-22 been assigned to teach with the qualifications and licensure of the

262-23 teacher, for each school in the district and the district as a whole

262-24 [.] , including, without limitation, each charter school in the

262-25 district.

262-26 (e) The total expenditure per pupil for each school in the

262-27 district and the district as a whole [.] , including, without

262-28 limitation, each charter school in the district.

262-29 (f) The curriculum used by the school district, including [any]

262-30 :

262-31 (1) Any special programs for pupils at an individual school

262-32 [.] ; and

262-33 (2) The curriculum used by each charter school in the

262-34 district.

262-35 (g) The annual rate of the attendance and truancy of pupils in

262-36 all grades, including, without limitation, the average daily

262-37 attendance of pupils, for each school in the district and the

262-38 district as a whole [.] , including, without limitation, each

262-39 charter school in the district.

262-40 (h) The annual rate of pupils who drop out of school in grades

262-41 9 to 12, inclusive, for each such grade, for each school in the

262-42 district and for the district as a whole.

263-1 (i) Records of attendance of teachers who provide instruction,

263-2 for each school in the district and the district as a whole [.] ,

263-3 including, without limitation, each charter school in the

263-4 district.

263-5 (j) Efforts made by the school district and by each school in

263-6 the district , including, without limitation, each charter school

263-7 in the district, to increase:

263-8 (1) Communication with the parents of pupils in the district;

263-9 and

263-10 (2) The participation of parents in the educational process

263-11 and activities relating to the school district and each school,

263-12 including, without limitation, the existence of parent

263-13 organizations and school advisory committees.

263-14 (k) Records of incidents involving weapons or violence for

263-15 each school in the district [.] , including, without limitation,

263-16 each charter school in the district.

263-17 (l) Records of incidents involving the use or possession of

263-18 alcoholic beverages or controlled substances for each school in

263-19 the district [.] , including, without limitation, each charter

263-20 school in the district.

263-21 (m) Records of the suspension and expulsion of pupils

263-22 required or authorized pursuant to NRS 392.466 and 392.467.

263-23 (n) The transiency rate of pupils for each school in the district

263-24 and the district as a whole [.] , including, without limitation,

263-25 each charter school in the district.

263-26 (o) Each source of funding for the school district.

263-27 (p) For each high school in the district, including, without

263-28 limitation, each charter school in the district, the percentage of

263-29 pupils who graduated from that high school or charter school in

263-30 the immediately preceding year and enrolled in remedial courses

263-31 in reading, writing or mathematics at a university or community

263-32 college within the University and Community College System of

263-33 Nevada.

263-34 (q) The technological facilities and equipment available at

263-35 each school , including, without limitation, each charter school,

263-36 and the district’s plan to incorporate educational technology at

263-37 each school.

263-38 (r) Such other information as is directed by the superintendent

263-39 of public instruction.

263-40 3. The superintendent of public instruction shall:

263-41 (a) Prescribe forms for the reports required pursuant to

263-42 subsection 2 and provide the forms to the respective school

263-43 districts.

264-1 (b) Provide statistical information and technical assistance to

264-2 the school districts to ensure that the reports provide comparable

264-3 information with respect to each school in each district and

264-4 among the districts.

264-5 (c) Consult with a representative of the:

264-6 (1) Nevada State Education Association;

264-7 (2) Nevada Association of School Boards;

264-8 (3) Nevada Association of School Administrators;

264-9 (4) Nevada Parent Teachers Association;

264-10 (5) Budget division of the department of administration;

264-11 and

264-12 (6) Legislative counsel bureau,

264-13 concerning the program and consider any advice or

264-14 recommendations submitted by the representatives with respect

264-15 to the program.

264-16 4. On or before April 15 of each year, the board of trustees

264-17 of each school district shall submit to the advisory board to

264-18 review school attendance created in the county pursuant to

264-19 section 4 of [this act] Assembly Bill No. 486 of this session the

264-20 information required in paragraph (g) of subsection 2.

264-21 Sec. 87. Section 11 of chapter 584, Statutes of Nevada 1997, at page

264-22 2863, is hereby amended to read as follows:

264-23 Sec. 11. NRS 487.480 is hereby amended to read as follows:

264-24 487.480 1. Before an operator of a salvage pool sells any

264-25 vehicle subject to registration pursuant to the laws of this state, he

264-26 must have in his possession the certificate of ownership or a bill of

264-27 sale of salvage for that vehicle. He shall, within 10 days after

264-28 completion of the transaction, forward the certificate of ownership

264-29 or bill of sale of salvage to the department. The department shall

264-30 not issue a certificate of registration or certificate of ownership for a

264-31 vehicle with the same identification number if the vehicle was

264-32 manufactured in the 5 years preceding the date on which the

264-33 operator forwards the certificates to the department, unless the

264-34 department authorizes the restoration of the vehicle pursuant to

264-35 subsection 2 of NRS 482.553.

264-36 2. Upon sale of the vehicle, the operator of the salvage pool

264-37 shall provide a bill of sale of salvage to the licensed automobile

264-38 wrecker, dealer of new or used motor vehicles or rebuilder on a

264-39 form prescribed and supplied by the department. The department

264-40 shall accept the bill of sale in lieu of the certificate of ownership or

264-41 other evidence of title from the:

264-42 (a) Automobile wrecker if accompanied by an appropriate

264-43 application for a certificate of dismantling; or

265-1 (b) Dealer of new or used motor vehicles or rebuilder when he

265-2 licenses the vehicle for operation or transfers ownership of it, if the

265-3 bill of sale is accompanied by an appropriate application, all other

265-4 required documents and fees, and a certificate of inspection signed

265-5 by an employee of the department attesting to the mechanical fitness

265-6 and safety of the vehicle.

265-7 3. The department may issue to [the automobile wrecker] :

265-8 (a) The licensed automobile wrecker;

265-9 (b) A salvage pool;

265-10 (c) A dealer of new or used motor vehicles who is licensed in

265-11 another state; or

265-12 (d) An automobile wrecker or dismantler who is licensed in

265-13 another state,

265-14 a certificate of dismantling that contains a brief description of the

265-15 vehicle, including, insofar as data may exist with respect to the

265-16 vehicle, the make, type, serial number and motor number, or any

265-17 other number of the vehicle. Except as otherwise provided in this

265-18 subsection, the department shall charge and collect a fee of $10

265-19 for the issuance of a certificate of dismantling pursuant to this

265-20 subsection. The department shall not charge such a fee for the

265-21 issuance of a certificate of dismantling to an automobile wrecker

265-22 licensed in this state. Fees collected by the department pursuant to

265-23 this subsection must be deposited with the state treasurer to the

265-24 credit of the account for regulation of salvage pools, automobile

265-25 wreckers, body shops and garages. Possession of a certificate of

265-26 dismantling does not entitle a person to dismantle, scrap, process

265-27 or wreck any vehicle in this state unless the person holds a license

265-28 issued pursuant to NRS 487.050.

265-29 Sec. 88. Sections 11 and 12 of chapter 585, Statutes of Nevada 1997,

265-30 at pages 2875 and 2878, respectively, are hereby amended to read

265-31 respectively as follows:

265-32 Sec. 11. NRS 279.480 is hereby amended to read as follows:

265-33 279.480 An agency may:

265-34 1. Invest any money held in reserves or sinking funds, or any

265-35 money not required for immediate disbursement, in [property or

265-36 securities in which savings banks may legally invest money subject

265-37 to their control.] :

265-38 (a) Obligations issued by the United States Postal Service or

265-39 the Federal National Mortgage Association, whether or not the

265-40 payment of principal and interest thereon is guaranteed by the

265-41 Federal Government.

265-42 (b) Bonds or other obligations issued by a redevelopment

265-43 agency created pursuant to NRS 279.382 to 279.685, inclusive, or

266-1 a legislative body that has elected to exercise the powers granted

266-2 to an agency pursuant to the provisions of NRS 279.382 to

266-3 279.685, inclusive.

266-4 (c) Bonds or other securities issued pursuant to the provisions

266-5 of NRS 349.150 to 349.364, inclusive, 350.500 to 350.720,

266-6 inclusive, or 396.809 to 396.885, inclusive.

266-7 (d) Money market mutual funds that:

266-8 (1) Are registered with the Securities and Exchange

266-9 Commission;

266-10 (2) Are rated by a nationally recognized rating service as

266-11 "AAA" or its equivalent; and

266-12 (3) Invest only in securities issued or guaranteed as to

266-13 payment of principal and interest by the Federal Government, or

266-14 its agencies or instrumentalities, or in repurchase agreements that

266-15 are fully collateralized by such securities.

266-16 (e) Any other investment in which a city may invest pursuant

266-17 to NRS 355.170.

266-18 2. Purchase its bonds at a price not more than their principal

266-19 amount and accrued interest. All bonds so purchased [shall] must

266-20 be canceled.

266-21 Sec. 12. NRS 315.470 is hereby amended to read as follows:

266-22 315.470 An authority may:

266-23 1. Invest any funds held in reserves or sinking funds, or any

266-24 funds not required for immediate disbursement, in [liquid securities

266-25 in which savings banks may legally invest funds subject to their

266-26 control.] :

266-27 (a) Obligations issued by the United States Postal Service or

266-28 the Federal National Mortgage Association, whether or not the

266-29 payment of principal and interest thereon is guaranteed by the

266-30 Federal Government.

266-31 (b) Bonds or other obligations issued by a redevelopment

266-32 agency created pursuant to NRS 279.382 to 279.685, inclusive, or

266-33 a legislative body that has elected to exercise the powers granted

266-34 an agency pursuant to NRS 279.382 to 279.685, inclusive.

266-35 (c) Bonds or other securities issued pursuant to the provisions

266-36 of NRS 349.150 to 349.364, inclusive, 350.500 to 350.720,

266-37 inclusive, or 396.809 to 396.885, inclusive.

266-38 (d) Money market mutual funds that:

266-39 (1) Are registered with the Securities and Exchange

266-40 Commission;

266-41 (2) Are rated by a nationally recognized rating service as

266-42 "AAA" or its equivalent; and

267-1 (3) Invest only in securities issued or guaranteed as to

267-2 payment of principal and interest by the Federal Government, or

267-3 its agencies or instrumentalities, or in repurchase agreements that

267-4 are fully collateralized by such securities.

267-5 2. Redeem its bonds at the redemption price established therein

267-6 or purchase its bonds at less than such redemption price . [; all] All

267-7 bonds so redeemed or purchased [shall] must be canceled.

267-8 Sec. 89. 1. Section 28 of chapter 588, Statutes of Nevada 1997, at

267-9 page 2975, is hereby amended to read as follows:

267-10 Sec. 28. 1. This section and sections 1 to 7, inclusive, and 8

267-11 to 27.5, inclusive, of this act [becomes] become effective on July 1,

267-12 1997.

267-13 2. Section 7.5 of this act becomes effective on December 1,

267-14 1997.

267-15 2. Chapter 588, Statutes of Nevada 1997, at page 2968, is hereby

267-16 amended by adding thereto a new section to be designated as section 7.5,

267-17 immediately following section 7, to read as follows:

267-18 Sec. 7.5. "Fixed guideway" means a mass transportation

267-19 facility which uses and occupies a separate right of way or rails

267-20 exclusively for public transportation, including, without

267-21 limitation, fixed rail, automated guideway transit and exclusive

267-22 facilities for buses.

267-23 3. Chapter 588, Statutes of Nevada 1997, at page 2975, is hereby

267-24 amended by adding thereto new sections to be designated as sections 27.1

267-25 and 27.2, immediately following section 27, to read respectively as follows:

267-26 Sec. 27.1. Section 20 of chapter 513, Statutes of Nevada 1997,

267-27 at page 2447, is hereby amended to read as follows:

267-28 Sec. 20. This section and sections 1 and 3 to 19, inclusive,

267-29 of this act [becomes] become effective on December 1, 1997.

267-30 Sec. 27.2. Section 2 of chapter 513, Statutes of Nevada 1997,

267-31 at page 2439, is hereby repealed.

267-32 Sec. 90. 1. Sections 1 and 3 of chapter 592, Statutes of Nevada

267-33 1997, at pages 2979 and 2980, respectively, are hereby amended to read

267-34 respectively as follows:

267-35 Section 1. NRS 361.068 is hereby amended to read as follows:

267-36 361.068 1. The following personal property is exempt from

267-37 taxation:

267-38 (a) Personal property held for sale by a merchant;

267-39 (b) Personal property held for sale by a manufacturer;

267-40 (c) Raw materials and components held by a manufacturer for

267-41 manufacture into products, and supplies to be consumed in the

267-42 process of manufacture;

268-1 (d) Tangible personal property purchased by a business which

268-2 will be consumed during the operation of the business;

268-3 (e) Livestock;

268-4 (f) Colonies of bees;

268-5 (g) Pipe and other agricultural equipment used to convey water

268-6 for the irrigation of legal crops;

268-7 (h) All boats; [and]

268-8 (i) Slide-in campers and camper shells [.] ; and

268-9 (j) Fine art for public display.

268-10 2. The Nevada tax commission may exempt from taxation that

268-11 personal property for which the annual taxes would be less than the

268-12 cost of collecting those taxes. If such an exemption is provided, the

268-13 Nevada tax commission shall annually determine the average cost

268-14 of collecting property taxes in this state which must be used in

268-15 determining the applicability of the exemption.

268-16 3. A person claiming the exemption provided for in

268-17 paragraph (j) of subsection 1 shall, on or before June 15 for the

268-18 next ensuing fiscal year, file with the county assessor an affidavit

268-19 declaring that the fine art:

268-20 (a) Was purchased in an arm’s length transaction for $25,000

268-21 or more, or has an appraised value of $25,000 or more;

268-22 (b) Will be on public display in a public or private art gallery,

268-23 museum or other building or area in this state for at least 20

268-24 hours per week during at least 35 weeks of the year for which the

268-25 exemption is claimed; and

268-26 (c) Will be available for educational purposes.

268-27 4. As used in this section [, "boat"] :

268-28 (a) "Boat" includes any vessel or other watercraft, other than a

268-29 seaplane, used or capable of being used as a means of transportation

268-30 on the water.

268-31 (b) "Fine art for public display" means a work of art which:

268-32 (1) Is an original painting in oil, mineral, water colors,

268-33 vitreous enamel, pastel or other medium, an original mosaic,

268-34 drawing or sketch, an original sculpture of clay, textiles, fiber,

268-35 wood, metal, plastic, glass or a similar material, an original work

268-36 of mixed media or a lithograph;

268-37 (2) Was purchased in an arm’s length transaction for

268-38 $25,000 or more, or has an appraised value of $25,000 or more;

268-39 (3) Is on public display in a public or private art gallery,

268-40 museum or other building or area in this state for at least 20

268-41 hours per week during at least 35 weeks of each year for which

268-42 the exemption is claimed; and

268-43 (4) Is available for educational purposes.

269-1 Sec. 3. 1. This section and [section] sections 2.1 and 2.2 of

269-2 this act become effective on June 30, 1997.

269-3 2. Section 2 of this act [become] becomes effective on July 1,

269-4 1997.

269-5 [2.] 3. Section 1 of this act becomes effective at 12:01 a.m. on

269-6 July 1, 1997.

269-7 2. Chapter 592, Statutes of Nevada 1997, at page 2980, is hereby

269-8 amended by adding thereto new sections to be designated as sections 2.1

269-9 and 2.2, immediately following section 2, to read respectively as follows:

269-10 Sec. 2.1. Sections 2 and 3 of chapter 317, Statutes of Nevada

269-11 1997, at pages 1197 and 1198, respectively, are hereby amended to

269-12 read respectively as follows:

269-13 Sec. 2. NRS 361.068 is hereby amended to read as follows:

269-14 361.068 1. The following personal property is exempt from

269-15 taxation:

269-16 (a) Personal property held for sale by a merchant;

269-17 (b) Personal property held for sale by a manufacturer;

269-18 (c) Raw materials and components held by a manufacturer for

269-19 manufacture into products, and supplies to be consumed in the

269-20 process of manufacture;

269-21 (d) Tangible personal property purchased by a business which

269-22 will be consumed during the operation of the business;

269-23 (e) Livestock;

269-24 (f) Colonies of bees;

269-25 (g) Pipe and other agricultural equipment used to convey

269-26 water for the irrigation of legal crops;

269-27 (h) All boats;

269-28 (i) Slide-in campers and camper shells; [and]

269-29 (j) Fine art for public display [.] ; and

269-30 (k) Computers and related equipment donated for use in

269-31 schools in this state.

269-32 2. The Nevada tax commission may exempt from taxation

269-33 that personal property for which the annual taxes would be less

269-34 than the cost of collecting those taxes. If such an exemption is

269-35 provided, the Nevada tax commission shall annually determine

269-36 the average cost of collecting property taxes in this state which

269-37 must be used in determining the applicability of the exemption.

269-38 3. A person claiming the exemption provided for in

269-39 paragraph (j) of subsection 1 shall, on or before June 15 for the

269-40 next ensuing fiscal year, file with the county assessor an affidavit

269-41 declaring that the fine art:

269-42 (a) Was purchased in an arm’s length transaction for $25,000

269-43 or more, or has an appraised value of $25,000 or more;

270-1 (b) Will be on public display in a public or private art gallery,

270-2 museum or other building or area in this state for at least 20

270-3 hours per week during at least 35 weeks of the year for which the

270-4 exemption is claimed; and

270-5 (c) Will be available for educational purposes.

270-6 4. To qualify for the exemption provided in paragraph (k)

270-7 of subsection 1, a taxpayer must donate the property through a

270-8 foundation or organization, not for profit, that accepts such

270-9 property for use in schools in this state. The foundation or

270-10 organization shall issue a voucher identifying each item of

270-11 property donated. To obtain the benefit of the exemption, the

270-12 taxpayer must apply to the county assessor and tender the

270-13 voucher. The county assessor shall compute the assessed value

270-14 of the property for the year in which the donation was made

270-15 using the original cost and the year of acquisition. The county

270-16 assessor shall allow a credit of that amount against the

270-17 personal property assessment for the year following the

270-18 donation.

270-19 5. As used in this section:

270-20 (a) "Boat" includes any vessel or other watercraft, other than a

270-21 seaplane, used or capable of being used as a means of

270-22 transportation on the water.

270-23 (b) "Fine art for public display" means a work of art which:

270-24 (1) Is an original painting in oil, mineral, water colors,

270-25 vitreous enamel, pastel or other medium, an original mosaic,

270-26 drawing or sketch, an original sculpture of clay, textiles, fiber,

270-27 wood, metal, plastic, glass or a similar material, an original work

270-28 of mixed media or a lithograph;

270-29 (2) Was purchased in an arm’s length transaction for

270-30 $25,000 or more, or has an appraised value of $25,000 or more;

270-31 (3) Is on public display in a public or private art gallery,

270-32 museum or other building or area in this state for at least 20

270-33 hours per week during at least 35 weeks of each year for which

270-34 the exemption is claimed; and

270-35 (4) Is available for educational purposes.

270-36 Sec. 3. This section and section 2 of this act [becomes]

270-37 become effective at 12:02 a.m. on July 1, 1997, and [expires]

270-38 expire by limitation on June 30, 2003.

270-39 Sec. 2.2. Section 1 of chapter 317, Statutes of Nevada 1997, at

270-40 page 1197, is hereby repealed.

271-1 Sec. 91. 1. Section 1 of chapter 596, Statutes of Nevada 1997, at

271-2 page 2990, is hereby amended to read as follows:

271-3 Section 1. NRS 706.756 is hereby amended to read as follows:

271-4 706.756 1. Except as otherwise provided in subsection 2, any

271-5 person who:

271-6 (a) Operates a vehicle or causes it to be operated in any carriage

271-7 to which the provisions of NRS 706.011 to 706.861, inclusive,

271-8 apply without first obtaining a certificate, permit or license, or in

271-9 violation of the terms thereof;

271-10 (b) Fails to make any return or report required by the provisions

271-11 of NRS 706.011 to 706.861, inclusive, or by the commission or the

271-12 department pursuant to the provisions of NRS 706.011 to 706.861,

271-13 inclusive;

271-14 (c) Violates, or procures, aids or abets the violating of, any

271-15 provision of NRS 706.011 to 706.861, inclusive;

271-16 (d) Fails to obey any order, decision or regulation of the

271-17 commission or the department;

271-18 (e) Procures, aids or abets any person in his failure to obey such

271-19 an order, decision or regulation of the commission or the

271-20 department;

271-21 (f) Advertises, solicits, proffers bids or otherwise holds himself

271-22 out to perform transportation as a common or contract carrier in

271-23 violation of any of the provisions of NRS 706.011 to 706.861,

271-24 inclusive;

271-25 (g) Advertises as providing:

271-26 (1) The services of a fully regulated carrier; or

271-27 (2) Towing services,

271-28 without including the number of his certificate of public

271-29 convenience and necessity or contract carrier’s permit in each

271-30 advertisement;

271-31 (h) Knowingly offers, gives, solicits or accepts any rebate,

271-32 concession or discrimination in violation of the provisions of this

271-33 chapter;

271-34 (i) Knowingly, willfully and fraudulently seeks to evade or

271-35 defeat the purposes of this chapter;

271-36 (j) Operates or causes to be operated a vehicle which does not

271-37 have the proper identifying device;

271-38 (k) Displays or causes or permits to be displayed a certificate,

271-39 permit, license or identifying device, knowing it to be fictitious or

271-40 to have been canceled, revoked, suspended or altered;

271-41 (l) Lends or knowingly permits the use of by one not entitled

271-42 thereto any certificate, permit, license or identifying device issued

271-43 to the person so lending or permitting the use thereof; or

272-1 (m) Refuses or fails to surrender to the commission or

272-2 department any certificate, permit, license or identifying device

272-3 which has been suspended, canceled or revoked pursuant to the

272-4 provisions of this chapter,

272-5 is guilty of a misdemeanor, and upon conviction thereof shall be

272-6 punished by a fine of not less than $100 nor more than $1,000, or

272-7 by imprisonment in the county jail for not more than 6 months, or

272-8 by both fine and imprisonment.

272-9 2. A person convicted of a misdemeanor for a violation of the

272-10 provisions of NRS 706.386 or 706.421 shall be punished:

272-11 (a) For the first offense by a fine of not less than $500 nor more

272-12 than $1,000;

272-13 (b) For a second offense within 12 consecutive months and each

272-14 subsequent offense by a fine of $1,000; or

272-15 (c) For any offense, by imprisonment in the county jail for not

272-16 more than 6 months, or by both the prescribed fine and

272-17 imprisonment.

272-18 3. Any person who operates or permits the operation of a

272-19 vehicle in passenger service without a certificate of public

272-20 convenience and necessity issued pursuant to NRS 706.391 is

272-21 guilty of a gross misdemeanor. If a law enforcement officer

272-22 witnesses a violation of this subsection, he may cause the vehicle

272-23 to be towed immediately from the scene.

272-24 4. The fines provided in this section are mandatory and must

272-25 not be reduced under any circumstances by the court.

272-26 [4.] 5. Any bail allowed must not be less than the appropriate

272-27 fine provided for by this section.

272-28 2. Chapter 596, Statutes of Nevada 1997, at page 2992, is hereby

272-29 amended by adding thereto new sections to be designated as sections 2.1

272-30 and 2.2, immediately following section 2, to read respectively as follows:

272-31 Sec. 2.1. Section 193 of chapter 482, Statutes of Nevada 1997,

272-32 at page 1952, is hereby amended to read as follows:

272-33 Sec. 193. NRS 706.756 is hereby amended to read as

272-34 follows:

272-35 706.756 1. Except as otherwise provided in subsection 2,

272-36 any person who:

272-37 (a) Operates a vehicle or causes it to be operated in any

272-38 carriage to which the provisions of NRS 706.011 to 706.861,

272-39 inclusive, sections 2 and 3 of Senate Bill No. 444 of this session

272-40 and sections 104 to 128, inclusive, of this act, apply without first

272-41 obtaining a certificate, permit or license, or in violation of the

272-42 terms thereof;

273-1 (b) Fails to make any return or report required by the

273-2 provisions of NRS 706.011 to 706.861, inclusive, sections 2 and

273-3 3 of Senate Bill No. 444 of this session and sections 104 to 128,

273-4 inclusive, of this act, or by the [commission] authority or the

273-5 department pursuant to the provisions of NRS 706.011 to

273-6 706.861, inclusive [;] , sections 2 and 3 of Senate Bill No. 444

273-7 of this session and sections 104 to 128, inclusive, of this act;

273-8 (c) Violates, or procures, aids or abets the violating of, any

273-9 provision of NRS 706.011 to 706.861, inclusive [;] , sections 2

273-10 and 3 of Senate Bill No. 444 of this session and sections 104 to

273-11 128, inclusive, of this act;

273-12 (d) Fails to obey any order, decision or regulation of the

273-13 [commission] authority or the department;

273-14 (e) Procures, aids or abets any person in his failure to obey

273-15 such an order, decision or regulation of the [commission]

273-16 authority or the department;

273-17 (f) Advertises, solicits, proffers bids or otherwise holds

273-18 himself out to perform transportation as a common or contract

273-19 carrier in violation of any of the provisions of NRS 706.011 to

273-20 706.861, inclusive [;] , sections 2 and 3 of Senate Bill No. 444

273-21 of this session and sections 104 to 128, inclusive, of this act;

273-22 (g) Advertises as providing:

273-23 (1) The services of a fully regulated carrier; or

273-24 (2) Towing services,

273-25 without including the number of his certificate of public

273-26 convenience and necessity or contract carrier’s permit in each

273-27 advertisement;

273-28 (h) Knowingly offers, gives, solicits or accepts any rebate,

273-29 concession or discrimination in violation of the provisions of this

273-30 chapter;

273-31 (i) Knowingly, willfully and fraudulently seeks to evade or

273-32 defeat the purposes of this chapter;

273-33 (j) Operates or causes to be operated a vehicle which does not

273-34 have the proper identifying device;

273-35 (k) Displays or causes or permits to be displayed a certificate,

273-36 permit, license or identifying device, knowing it to be fictitious or

273-37 to have been canceled, revoked, suspended or altered;

273-38 (l) Lends or knowingly permits the use of by one not entitled

273-39 thereto any certificate, permit, license or identifying device

273-40 issued to the person so lending or permitting the use thereof; or

274-1 (m) Refuses or fails to surrender to the [commission]

274-2 authority or department any certificate, permit, license or

274-3 identifying device which has been suspended, canceled or

274-4 revoked pursuant to the provisions of this chapter,

274-5 is guilty of a misdemeanor, and upon conviction thereof shall be

274-6 punished by a fine of not less than $100 nor more than $1,000, or

274-7 by imprisonment in the county jail for not more than 6 months, or

274-8 by both fine and imprisonment.

274-9 2. A person convicted of a misdemeanor for a violation of

274-10 the provisions of NRS 706.386 or 706.421 shall be punished:

274-11 (a) For the first offense by a fine of not less than $500 nor

274-12 more than $1,000;

274-13 (b) For a second offense within 12 consecutive months and

274-14 each subsequent offense by a fine of $1,000; or

274-15 (c) For any offense, by imprisonment in the county jail for not

274-16 more than 6 months, or by both the prescribed fine and

274-17 imprisonment.

274-18 3. Any person who operates or permits the operation of a

274-19 vehicle in passenger service without a certificate of public

274-20 convenience and necessity issued pursuant to NRS 706.391 is

274-21 guilty of a gross misdemeanor. If a law enforcement officer

274-22 witnesses a violation of this subsection, he may cause the vehicle

274-23 to be towed immediately from the scene.

274-24 4. The fines provided in this section are mandatory and must

274-25 not be reduced under any circumstances by the court.

274-26 5. Any bail allowed must not be less than the appropriate

274-27 fine provided for by this section.

274-28 Sec. 2.2. Section 5 of chapter 436, Statutes of Nevada 1997, at

274-29 page 1543, is hereby repealed.

274-30 Sec. 92. Sections 2 and 4 of chapter 597, Statutes of Nevada 1997, at

274-31 pages 2993 and 2994, respectively, are hereby amended to read

274-32 respectively as follows:

274-33 Sec. 2. NRS 482.327 is hereby amended to read as follows:

274-34 482.327 1. If a vehicle dealer , other than a short-term

274-35 lessor, has one or more branches, he shall procure from the

274-36 department a license for each branch in addition to the license

274-37 issued for his principal place of business.

274-38 2. The department shall specify on each license it issues:

274-39 (a) The name of the licensee;

274-40 (b) The location for which the license is issued; and

274-41 (c) The name under which the licensee does business at that

274-42 location.

275-1 3. Each vehicle dealer shall post each license issued to him by

275-2 the department in a conspicuous place clearly visible to the general

275-3 public at the location described in the license.

275-4 4. The department shall, by regulation, provide for the issuance

275-5 of a temporary license for a licensed dealer to conduct business at a

275-6 temporary location. Any such regulations must include the

275-7 imposition of a reasonable fee for the issuance of the temporary

275-8 license.

275-9 Sec. 4. [Section] Sections 2 and 3 of this act [becomes]

275-10 become effective at 12:01 a.m. on October 1, 1997.

275-11 Sec. 93. Section 1 of chapter 598, Statutes of Nevada 1997, at page

275-12 2994, is hereby amended to read as follows:

275-13 Section 1. NRS 339.025 is hereby amended to read as follows:

275-14 339.025 1. Before any contract, except one subject to the

275-15 provisions of chapter 408 of NRS, exceeding $35,000 for any

275-16 project for the new construction, repair or reconstruction of any

275-17 public building or other public work or public improvement of any

275-18 contracting body is awarded to any contractor, he [must] shall

275-19 furnish to the contracting body the following bonds which become

275-20 binding upon the award of the contract to the contractor:

275-21 (a) A performance bond in an amount to be fixed by the

275-22 contracting body, but not less than 50 percent of the contract

275-23 amount, conditioned upon the faithful performance of the contract

275-24 in accordance with the plans, specifications and conditions of the

275-25 contract. The bond must be solely for the protection of the

275-26 contracting body which awarded the contract.

275-27 (b) A payment bond in an amount to be fixed by the contracting

275-28 body, but not less than 50 percent of the contract amount. The bond

275-29 must be solely for the protection of claimants supplying labor or

275-30 materials to the contractor to whom the contract was awarded, or to

275-31 any of his subcontractors, in the prosecution of the work provided

275-32 for in such contract.

275-33 2. If a general contractor has been awarded a contract,

275-34 except one subject to the provisions of chapter 408 of NRS, by the

275-35 state public works board for any project for new construction,

275-36 repair or reconstruction of any public building or other public

275-37 work or public improvement, each of his subcontractors who will

275-38 perform work on the contract that exceeds $50,000 or 1 percent of

275-39 the proposed project, whichever amount is greater, shall furnish a

275-40 bond to the board in an amount to be fixed by the board.

275-41 3. Each of the bonds required pursuant to this section must be

275-42 executed by one or more surety companies authorized to do

275-43 business in the State of Nevada. If the contracting body is the State

276-1 of Nevada or any officer, employee, board, bureau, commission,

276-2 department, agency or institution thereof, the bonds must be

276-3 payable to the State of Nevada. If the contracting body is other than

276-4 one of those enumerated in this subsection, the bonds must be

276-5 payable to the other contracting body.

276-6 [3.] 4. Each of the bonds must be filed in the office of the

276-7 contracting body which awarded the contract for which the bonds

276-8 were given.

276-9 [4.] 5. Nothing in this section prohibits a contracting body

276-10 from requiring bonds.

276-11 Sec. 94. Section 13 of chapter 599, Statutes of Nevada 1997, at page

276-12 3003, is hereby amended to read as follows:

276-13 Sec. 13. Chapter 502, Statutes of Nevada 1995, at page [1658,]

276-14 1660, is hereby amended by adding thereto new sections to be

276-15 designated as sections [4 and 5] 4.1 and 4.2, immediately following

276-16 section 4, to read as follows:

276-17 Sec. [4.] 4.1. On or before October 1, 1999, the department

276-18 of motor vehicles and public safety shall determine and publicly

276-19 declare the number of applications it has received for a license

276-20 plate pursuant to section 1 of this act.

276-21 Sec. [5.] 4.2. The amendatory provisions of sections 1 and

276-22 3 of this act expire by limitation on October 1, 1999, if on that

276-23 date the department of motor vehicles and public safety has

276-24 received fewer than 250 applications for a license plate pursuant

276-25 to section 1 of this act.

276-26 Sec. 95. Sections 27 and 29 of chapter 603, Statutes of Nevada 1997,

276-27 at page 3036, are hereby amended to read respectively as follows:

276-28 Sec. 27. NRS 695B.320 is hereby amended to read as follows:

276-29 695B.320 Nonprofit hospital and medical or dental service

276-30 corporations are subject to the provisions of this chapter, and to the

276-31 provisions of chapters 679A and 679B of NRS, NRS 686A.010 to

276-32 686A.315, inclusive, 687B.010 to 687B.040, inclusive, 687B.070

276-33 to 687B.140, inclusive, 687B.150, 687B.160, 687B.180, 687B.200

276-34 to 687B.255, inclusive, 687B.270, 687B.310 to 687B.380,

276-35 inclusive, 687B.410, 687B.420, 687B.430, and chapters 692C and

276-36 696B of NRS, to the extent applicable and not in conflict with the

276-37 express provisions of this chapter.

276-38 Sec. 29. NRS 695F.090 is hereby amended to read as follows:

276-39 695F.090 Prepaid limited health service organizations are

276-40 subject to the provisions of this chapter and to the following

276-41 provisions , [of this Title,] to the extent reasonably applicable:

277-1 1. NRS 687B.310 to 687B.420, inclusive, concerning

277-2 cancellation and nonrenewal of policies.

277-3 2. NRS 687B.122 to 687B.128, inclusive, concerning

277-4 readability of policies.

277-5 3. The requirements of NRS 679B.152.

277-6 4. The fees imposed pursuant to NRS 449.465.

277-7 5. NRS 686A.010 to 686A.310, inclusive, concerning trade

277-8 practices and frauds.

277-9 6. The assessment imposed pursuant to subsection 3 of NRS

277-10 679B.158.

277-11 7. Chapter 683A of NRS.

277-12 8. To the extent applicable, the provisions of sections 60 to 88,

277-13 inclusive, of Assembly Bill No. 521 of this session and chapter

277-14 689C of NRS relating to the portability and availability of health

277-15 insurance.

277-16 9. Section 1 of [this act.] Assembly Bill No. 348 of this session.

277-17 10. NRS 680B.025 to 680B.039, inclusive, concerning

277-18 premium tax, premium tax rate, annual report and estimated

277-19 quarterly tax payments. For the purposes of this subsection,

277-20 unless the context otherwise requires that a section apply only to

277-21 insurers, any reference in those sections to "insurer" must be

277-22 replaced by a reference to "prepaid limited health service

277-23 organization."

277-24 11. Chapter 692C of NRS, concerning holding companies.

277-25 Sec. 96. 1. Section 3 of chapter 604, Statutes of Nevada 1997, at

277-26 page 3043, is hereby amended to read as follows:

277-27 Sec. 3. NRS 704.640 is hereby amended to read as follows:

277-28 704.640 Any person who:

277-29 1. Operates any public utility to which NRS 704.005 to

277-30 704.751, inclusive, [and] section 1 of [this act, applies] Assembly

277-31 Bill No. 345 of this session and section 1 of this act, apply without

277-32 first obtaining a certificate of public convenience and necessity or

277-33 in violation of its terms;

277-34 2. Fails to make any return or report required by NRS 704.005

277-35 to 704.751, inclusive, [and] section 1 of [this act,] Assembly Bill

277-36 No. 345 of this session and section 1 of this act, or by the

277-37 commission pursuant to NRS 704.005 to 704.751, inclusive, [and]

277-38 section 1 of [this act;] Assembly Bill No. 345 of this session and

277-39 section 1 of this act;

277-40 3. Violates, or procures, aids or abets the violating of, any

277-41 provision of NRS 704.005 to 704.751, inclusive, [and] section 1 of

277-42 [this act;] Assembly Bill No. 345 of this session and section 1 of

277-43 this act;

278-1 4. Fails to obey any order, decision or regulation of the

278-2 commission;

278-3 5. Procures, aids or abets any person in his failure to obey the

278-4 order, decision or regulation; or

278-5 6. Advertises, solicits, proffers bids or otherwise holds himself

278-6 out to perform as a public utility in violation of any of the

278-7 provisions of NRS 704.005 to 704.751, inclusive, [and] section 1 of

278-8 [this act,] Assembly Bill No. 345 of this session and section 1 of

278-9 this act,

278-10 shall be fined not more than $500.

278-11 2. Chapter 604, Statutes of Nevada 1997, at page 3044, is hereby

278-12 amended by adding thereto a new section to be designated as section 3.1,

278-13 immediately following section 3, to read as follows:

278-14 Sec. 3.1. Section 80 of chapter 482, Statutes of Nevada 1997,

278-15 at page 1912, is hereby amended to read as follows:

278-16 Sec. 80. NRS 704.640 is hereby amended to read as follows:

278-17 704.640 Any person who:

278-18 1. Operates any public utility to which NRS 704.005 to

278-19 704.751, inclusive, section 1 of Assembly Bill No. 345 of this

278-20 session , [and] section 1 of [this act,] Assembly Bill No. 581 of

278-21 this session and sections 58 to 63, inclusive, of this act, applies

278-22 without first obtaining a certificate of public convenience and

278-23 necessity or in violation of its terms;

278-24 2. Fails to make any return or report required by NRS

278-25 704.005 to 704.751, inclusive, section 1 of Assembly Bill No.

278-26 345 of this session , [and] section 1 of [this act,] Assembly Bill

278-27 No. 581 of this session and sections 58 to 63, inclusive, of this

278-28 act, or by the commission pursuant to NRS 704.005 to 704.751,

278-29 inclusive, section 1 of Assembly Bill No. 345 of this session ,

278-30 [and] section 1 of [this act;] Assembly Bill No. 581 of this

278-31 session and sections 58 to 63, inclusive, of this act;

278-32 3. Violates, or procures, aids or abets the violating of, any

278-33 provision of NRS 704.005 to 704.751, inclusive, section 1 of

278-34 Assembly Bill No. 345 of this session , [and] section 1 of [this

278-35 act;] Assembly Bill No. 581 of this session and sections 58 to

278-36 63, inclusive, of this act;

278-37 4. Fails to obey any order, decision or regulation of the

278-38 commission;

278-39 5. Procures, aids or abets any person in his failure to obey

278-40 the order, decision or regulation; or

278-41 6. Advertises, solicits, proffers bids or otherwise holds

278-42 himself out to perform as a public utility in violation of any of the

278-43 provisions of NRS 704.005 to 704.751, inclusive, section 1 of

279-1 Assembly Bill No. 345 of this session , [and] section 1 of [this

279-2 act,] Assembly Bill No. 581 of this session and sections 58 to

279-3 63, inclusive, of this act,

279-4 shall be fined not more than $500.

279-5 Sec. 97. Section 8 of chapter 605, Statutes of Nevada 1997, at page

279-6 3047, is hereby amended to read as follows:

279-7 Sec. 8. NRS 484.383 is hereby amended to read as follows:

279-8 484.383 1. Except as otherwise provided in subsections 3 and

279-9 4, any person who drives or is in actual physical control of a vehicle

279-10 on a highway or on premises to which the public has access shall be

279-11 deemed to have given his consent to an evidentiary test of his blood,

279-12 urine, breath or other bodily substance for the purpose of

279-13 determining the alcoholic content of his blood or breath or the

279-14 presence of a controlled substance when such a test is administered

279-15 at the direction of a police officer having reasonable grounds to

279-16 believe that the person to be tested was driving or in actual physical

279-17 control of a vehicle while under the influence of intoxicating liquor

279-18 or a controlled substance.

279-19 2. If the person to be tested pursuant to subsection 1 is dead or

279-20 unconscious, the officer shall direct that samples of blood from the

279-21 person be tested.

279-22 3. Any person who is afflicted with hemophilia or with a heart

279-23 condition requiring the use of an anticoagulant as determined by a

279-24 physician is exempt from any blood test which may be required

279-25 pursuant to this section but must, when appropriate pursuant to the

279-26 provisions of this section, be required to submit to a breath or urine

279-27 test.

279-28 4. If the alcoholic content of the blood or breath of the person

279-29 to be tested is in issue:

279-30 (a) Except as otherwise provided in this section, the person may

279-31 refuse to submit to a blood test if means are reasonably available to

279-32 perform a breath test.

279-33 (b) The person may request a blood test, but if means are

279-34 reasonably available to perform a breath test when the blood test is

279-35 requested, and the person is subsequently convicted, he must pay

279-36 for the cost of the blood test, including the fees and expenses of

279-37 witnesses in court.

279-38 (c) A police officer may direct the person to submit to a blood

279-39 test as set forth in subsection 7 if the officer has reasonable grounds

279-40 to believe that the person:

280-1 (1) Caused death or substantial bodily harm to another person

280-2 as a result of driving or being in actual physical control of a vehicle

280-3 while under the influence of intoxicating liquor or a controlled

280-4 substance; or

280-5 (2) Has been convicted within the previous 7 years of:

280-6 (I) A violation of NRS 484.379, 484.3795, subsection 2 of

280-7 NRS 488.205, NRS 488.206, section 4 of [this act] Assembly Bill

280-8 No. 243 of this session or a law of another jurisdiction that

280-9 prohibits the same or similar conduct; or

280-10 (II) Any other offense in this state or another jurisdiction in

280-11 which death or substantial bodily harm to another person resulted

280-12 from driving, operating or being in actual physical control of a

280-13 vehicle or a vessel under power or sail while under the influence of

280-14 intoxicating liquor or a controlled substance.

280-15 5. If the presence of a controlled substance in the blood of the

280-16 person is in issue, the officer may direct him to submit to a blood or

280-17 urine test, or both, in addition to the breath test.

280-18 6. Except as otherwise provided in subsections 3 and 5, a police

280-19 officer shall not direct a person to submit to a urine test.

280-20 7. If a person to be tested fails to submit to a required test as

280-21 directed by a police officer pursuant to this section and the officer

280-22 has reasonable grounds to believe that the person to be tested was

280-23 driving or in actual physical control of a motor vehicle while under

280-24 the influence of intoxicating liquor or a controlled substance, the

280-25 officer may direct that reasonable force be used to the extent

280-26 necessary to obtain samples of blood from the person to be tested.

280-27 Not more than three such samples may be taken during the 5-hour

280-28 period immediately following the time of the initial arrest. In such a

280-29 circumstance, the officer is not required to provide the person with

280-30 a choice of tests for determining the alcoholic content or presence

280-31 of a controlled substance in his blood.

280-32 8. If a person who is less than 18 years of age is directed to

280-33 submit to an evidentiary test pursuant to this section, the officer

280-34 shall, before testing the person, make a reasonable attempt to

280-35 notify the parent, guardian or custodian of the person, if known.

280-36 Sec. 98. 1. Section 7 of chapter 607, Statutes of Nevada 1997, at

280-37 page 3055, is hereby amended to read as follows:

280-38 Sec. 7. 1. This section and sections 5.1 and 5.2 of this act

280-39 become effective at 12:02 a.m. on September 30, 1997.

280-40 2. Sections 2, 4 and 5 of this act become effective at 12:01 a.m.

280-41 on October 1, 1997.

281-1 2. Chapter 607, Statutes of Nevada 1997, at page 3055, is

281-2 hereby amended by adding thereto new sections to be designated as

281-3 sections 5.1 and 5.2, immediately following section 5, to read

281-4 respectively as follows:

281-5 Sec. 5.1. Section 21 of chapter 599, Statutes of Nevada 1997,

281-6 at page 3008, is hereby amended to read as follows:

281-7 Sec. 21. 1. This section and sections 13 to 16, inclusive, of

281-8 this act become effective upon passage and approval.

281-9 2. Sections 12, 17 [, 18 and 19] and 18 of this act become

281-10 effective at 12:01 a.m. on October 1, 1997.

281-11 Sec. 5.2. Section 19 of chapter 599, Statutes of Nevada 1997,

281-12 at page 3005, is hereby repealed.

281-13 Sec. 99. Sections 2 and 6 of chapter 614, Statutes of Nevada 1997, at

281-14 pages 3064 and 3066, respectively, are hereby amended to read

281-15 respectively as follows:

281-16 Sec. 2. NRS 293.250 is hereby amended to read as follows:

281-17 293.250 1. The secretary of state shall, in a manner consistent

281-18 with the election laws of this state, prescribe:

281-19 (a) The form of all ballots, absent ballots, diagrams, sample

281-20 ballots, certificates, notices, declarations, applications to register to

281-21 vote, lists, applications, pollbooks, registers, rosters, statements and

281-22 abstracts required by the election laws of this state.

281-23 (b) The procedure to be followed when a computer is used to

281-24 register voters and to keep records of registration.

281-25 2. [He] The secretary of state shall prescribe with respect to

281-26 the matter to be printed on every kind of ballot:

281-27 (a) The placement and listing of all offices, candidates and

281-28 measures upon which voting is statewide, which must be uniform

281-29 throughout the state.

281-30 (b) The listing of all other candidates required to file with him,

281-31 and the order of listing all offices, candidates and measures upon

281-32 which voting is not statewide, from which each county or city clerk

281-33 shall prepare appropriate ballot forms for use in any election in his

281-34 county.

281-35 3. [He] The secretary of state shall place the condensation of

281-36 each proposed constitutional amendment or statewide measure near

281-37 the spaces or devices for indicating the voter’s choice.

281-38 4. The fiscal note for and explanation of each proposed

281-39 constitutional amendment or statewide measure, including

281-40 arguments for and against it, must be included on all sample ballots.

281-41 5. The condensations and explanations for constitutional

281-42 amendments and statewide measures proposed by initiative or

281-43 referendum must be prepared by the secretary of state, upon

281-44 consultation with the attorney general. [They] The fiscal notes for

282-1 constitutional amendments and statewide measures proposed by

282-2 initiative or referendum must be prepared by the secretary of

282-3 state, upon consultation with the fiscal analysis division of the

282-4 legislative counsel bureau. The condensations, explanations and

282-5 fiscal notes must be in easily understood language and of

282-6 reasonable length, and whenever feasible must be completed by

282-7 [April] August 1 of the year in which the general election is to be

282-8 held.

282-9 6. The names of candidates for township and legislative or

282-10 special district offices must be printed only on the ballots furnished

282-11 to voters of that township or district.

282-12 7. A county clerk:

282-13 (a) May divide paper ballots into two sheets in a manner which

282-14 provides a clear understanding and grouping of all measures and

282-15 candidates.

282-16 (b) Shall prescribe the color or colors of the ballots and voting

282-17 receipts used in any election which the clerk is required to conduct.

282-18 Sec. 6. [Section] Sections 2 and 4 of this act [becomes]

282-19 become effective at 12:01 a.m. on October 1, 1997.

282-20 Sec. 100. 1. Section 2 of chapter 618, Statutes of Nevada 1997, at

282-21 page 3075, is hereby amended to read as follows:

282-22 Sec. 2. NRS 232.920 is hereby amended to read as follows:

282-23 232.920 The director:

282-24 1. Shall:

282-25 (a) Organize the department into divisions and other operating

282-26 units as needed to achieve the purposes of the department;

282-27 (b) Upon request, provide the director of the department of

282-28 administration with a list of organizations and agencies in this state

282-29 whose primary purpose is the training and employment of

282-30 handicapped persons; and

282-31 (c) Except as otherwise provided by a specific statute, direct the

282-32 divisions to share information in their records with agencies of local

282-33 governments which are responsible for the collection of debts or

282-34 obligations if the confidentiality of the information is otherwise

282-35 maintained under the terms and conditions required by law.

282-36 2. Is responsible for the administration, through the divisions of

282-37 the department, of the provisions of NRS 458.010 to 458.360,

282-38 inclusive, chapters 426, 426A, [458,] 612 and 615 of NRS, and all

282-39 other provisions of law relating to the functions of the department

282-40 and its divisions, but is not responsible for the professional line

282-41 activities of the divisions or other operating units except as

282-42 specifically provided by law.

283-1 3. Is responsible for the preparation of a consolidated state plan

283-2 for the bureau of services to the blind, the bureau of vocational

283-3 rehabilitation and any other program administered by the

283-4 rehabilitation division which he considers appropriate to

283-5 incorporate into the consolidated state plan before submission to the

283-6 Federal Government. This subsection does not apply if any federal

283-7 regulation exists which prohibits a consolidated plan.

283-8 4. In developing and revising state plans pursuant to subsection

283-9 3, shall consider, among other things, the amount of money

283-10 available from the Federal Government for the programs of the

283-11 division and the conditions attached to the acceptance of that

283-12 money, and the limitations of legislative appropriations for the

283-13 programs.

283-14 5. May employ, within the limits of legislative appropriations,

283-15 such staff as is necessary to the performance of the duties of the

283-16 department.

283-17 2. Chapter 618, Statutes of Nevada 1997, at page 3078, is hereby

283-18 amended by adding thereto a new section to be designated as section 12.5,

283-19 immediately following section 12, to read as follows:

283-20 Sec. 12.5. Section 2 of chapter 312, Statutes of Nevada 1997,

283-21 at page 1170, is hereby amended to read as follows:

283-22 Sec. 2. NRS 232.920 is hereby amended to read as follows:

283-23 232.920 The director:

283-24 1. Shall:

283-25 (a) Organize the department into divisions and other operating

283-26 units as needed to achieve the purposes of the department;

283-27 (b) Upon request, provide the director of the department of

283-28 administration with a list of organizations and agencies in this

283-29 state whose primary purpose is the training and employment of

283-30 handicapped persons; and

283-31 (c) Except as otherwise provided by a specific statute, direct

283-32 the divisions to share information in their records with agencies

283-33 of local governments which are responsible for the collection of

283-34 debts or obligations if the confidentiality of the information is

283-35 otherwise maintained under the terms and conditions required by

283-36 law.

283-37 2. Is responsible for the administration, through the divisions

283-38 of the department, of the provisions of NRS 458.010 to 458.360,

283-39 inclusive, chapters 426, 426A, 612 and 615 of NRS, and all other

283-40 provisions of law relating to the functions of the department and

283-41 its divisions, but is not responsible for the professional line

283-42 activities of the divisions or other operating units except as

283-43 specifically provided by law.

284-1 3. Is responsible for the preparation of a consolidated state

284-2 plan for the bureau of services to the blind [,] and visually

284-3 impaired, the bureau of vocational rehabilitation and any other

284-4 program administered by the rehabilitation division which he

284-5 considers appropriate to incorporate into the consolidated state

284-6 plan before submission to the Federal Government. This

284-7 subsection does not apply if any federal regulation exists which

284-8 prohibits a consolidated plan.

284-9 4. In developing and revising state plans pursuant to

284-10 subsection 3, shall consider, among other things, the amount of

284-11 money available from the Federal Government for the programs

284-12 of the division and the conditions attached to the acceptance of

284-13 that money, and the limitations of legislative appropriations for

284-14 the programs.

284-15 5. May employ, within the limits of legislative

284-16 appropriations, such staff as is necessary to the performance of

284-17 the duties of the department.

284-18 Sec. 101. Sections 1 and 2 of chapter 621, Statutes of Nevada 1997, at

284-19 page 3081, are hereby amended to read respectively as follows:

284-20 Section 1. NRS 361.755 is hereby amended to read as follows:

284-21 361.755 1. At least once each quarter and at such intervals as

284-22 may be required by the board of county commissioners, the county

284-23 treasurer shall apportion all the money that [has come into his

284-24 hands] he has received as ex officio tax receiver since the last

284-25 apportionment into several funds, as provided by law and [he shall]

284-26 make out a statement of the apportionment under oath and transmit

284-27 the statement to the county auditor and to the governing body of

284-28 each local government entitled to receive an apportionment of the

284-29 taxes collected. The county auditor shall file his copy of the

284-30 statement in his office.

284-31 2. A local government that receives an apportionment from

284-32 the county treasurer may not submit a claim for interest earned in

284-33 a prior fiscal year on the money apportioned, unless the claim is

284-34 based solely upon an error in the calculation of the money

284-35 apportioned in that prior fiscal year.

284-36 Sec. 2. This act becomes effective at 12:01 a.m. on July 1,

284-37 1997.

284-38 Sec. 102. Sections 1 and 2 of chapter 623, Statutes of Nevada 1997, at

284-39 pages 3082 and 3083, respectively, are hereby amended to read

284-40 respectively as follows:

284-41 Section 1. NRS 417.220 is hereby amended to read as follows:

284-42 417.220 1. Money received by the executive director or the

284-43 deputy executive director from:

285-1 (a) Fees charged pursuant to NRS 417.210;

285-2 (b) Allowances for burial from the Department of Veterans

285-3 Affairs or the Social Security Administration;

285-4 (c) Appropriations made by the legislature for veterans’

285-5 cemeteries; and

285-6 (d) Except as otherwise provided in subsection 5, NRS 417.145

285-7 and section 1 of [this act,] Senate Bill No. 327 of this session, gifts

285-8 of money or proceeds derived from the sale of gifts of personal

285-9 property [that] he is authorized to accept,

285-10 must be deposited with the state treasurer for credit to the account

285-11 for a veterans’ cemetery in northern Nevada or the account for a

285-12 veterans’ cemetery in southern Nevada, whichever is appropriate, in

285-13 the state general fund.

285-14 2. The interest and income earned on the money in the

285-15 accounts, after deducting any applicable charges, must be credited

285-16 to the accounts.

285-17 3. Except as otherwise provided in subsection 5, the money in

285-18 each account [must] may only be used for the operation and

285-19 maintenance of the cemetery for which the account was created.

285-20 4. Except as otherwise provided in subsection 5, gifts of

285-21 personal property which the executive director or the deputy

285-22 executive director is authorized to receive but which are not

285-23 appropriate for conversion to money may be used in kind.

285-24 5. The executive director or the deputy executive director shall

285-25 use gifts of money or personal property that he is authorized to

285-26 accept [for the purpose specified by the donor of such a gift.] and

285-27 for which the donor has restricted to one or more uses at a

285-28 veterans’ cemetery, only in the manner designated by the donor.

285-29 Gifts of money that the executive director or the deputy executive

285-30 director is authorized to accept and for which the donor has

285-31 restricted to one or more uses at a veterans’ cemetery must be

285-32 accounted for separately in the state general fund.

285-33 6. Any money remaining in the accounts at the end of each

285-34 fiscal year does not revert to the state general fund, but must be

285-35 carried over into the next fiscal year.

285-36 Sec. 2. This act becomes effective at 12:01 a.m. on July 1,

285-37 1997.

285-38 Sec. 103. Chapter 628, Statutes of Nevada 1997, at page 3104, is

285-39 hereby amended by adding thereto a new section to be designated as

285-40 section 14.1, immediately following section 14, to read as follows:

285-41 Sec. 14.1. Sections 1 to 10, inclusive, of chapter 634, Statutes

285-42 of Nevada 1997, at page 3134, are hereby repealed.

286-1 Sec. 104. 1. Sections 7, 12, 24 and 27 of chapter 631,

286-2 Statutes of Nevada 1997, at pages 3112, 3117, 3126 and 3127,

286-3 respectively, are hereby amended to read respectively as follows:

286-4 Sec. 7. 1. An association that is not a master association

286-5 and levies an annual assessment against each unit in the

286-6 common-interest community of $500 or more shall:

286-7 (a) If the association is required to pay the fee imposed by NRS

286-8 78.150 or 82.193, pay to the secretary of state at the time it is

286-9 required to pay the fee imposed by those sections a fee established

286-10 by regulation of the administrator of the real estate division of the

286-11 department of business and industry for every unit in the

286-12 association.

286-13 (b) If the association is organized as a trust or partnership, pay

286-14 to the administrator of the real estate division of the department

286-15 of business and industry a fee established by regulation of the

286-16 administrator for each unit in the association. The fee must be

286-17 paid on or before January 1 of each year.

286-18 2. The fees required to be paid pursuant to this section must

286-19 be:

286-20 (a) Deposited with the state treasurer for credit to the fund for

286-21 the ombudsman for owners in common-interest communities

286-22 created pursuant to section 9 of this act.

286-23 (b) Established on the basis of the actual cost of administering

286-24 the office of the ombudsman for owners in common-interest

286-25 communities and not on a basis which includes any subsidy for

286-26 the office.

286-27 Sec. 12. NRS 116.1204 is hereby amended to read as follows:

286-28 116.1204 Except as otherwise provided in NRS 116.1205, the

286-29 provisions of sections 5, 5.5, 6, 10 and 11 of this act and NRS

286-30 116.1105, 116.1106, 116.1107, 116.2103, 116.2104 and 116.2121,

286-31 paragraphs (a) to (f), inclusive, and (k) to (r), inclusive, of

286-32 subsection 1 of NRS 116.3102, NRS 116.3103, 116.31036,

286-33 116.3106, 116.3108 to 116.3111, [116.3116] inclusive, 116.3115

286-34 to 116.31168, inclusive, 116.3118, 116.4109 and 116.4117, and

286-35 NRS 116.11031 to 116.110393, inclusive, to the extent necessary in

286-36 construing any of those sections, apply to [all common-interest

286-37 communities] a common-interest community created in this state

286-38 before January 1, 1992 [; but those sections apply only with respect

286-39 to events and circumstances occurring on or after January 1, 1992,

286-40 and do not invalidate existing provisions of the declaration, bylaws,

286-41 or plats or plans of those common-interest communities.] , if the

287-1 common-interest community levies an annual assessment against

287-2 each unit in the common-interest community of $500 or more on

287-3 or after July 1, 1998.

287-4 Sec. 24. NRS 78.150 is hereby amended to read as follows:

287-5 78.150 1. A corporation organized under the laws of this state

287-6 shall, on or before the first day of the second month after the filing

287-7 of its articles of incorporation with the secretary of state, file with

287-8 the secretary of state a list, on a form furnished by him, containing:

287-9 (a) The name of the corporation;

287-10 (b) The file number of the corporation, if known;

287-11 (c) The names and titles of all of its required officers and the

287-12 names of all of its directors;

287-13 (d) The mailing or street address, either residence or business, of

287-14 each officer and director listed, following the name of the officer or

287-15 director; and

287-16 (e) The signature of an officer of the corporation certifying that

287-17 the list is true, complete and accurate.

287-18 2. The corporation shall annually thereafter, on or before the

287-19 last day of the month in which the anniversary date of incorporation

287-20 occurs in each year, file with the secretary of state, on a form

287-21 furnished by him, an amended list containing all of the information

287-22 required in subsection 1. If the corporation has had no changes in its

287-23 required officers and directors since its previous list was filed, no

287-24 amended list need be filed if an officer of the corporation certifies

287-25 to the secretary of state as a true and accurate statement that no

287-26 changes in the required officers or directors has occurred.

287-27 3. Upon filing a list of officers and directors, or certifying that

287-28 no changes have occurred, the corporation shall pay to the secretary

287-29 of state a fee of $85.

287-30 4. The secretary of state shall, 60 days before the last day for

287-31 filing the annual list required by subsection 2, cause to be mailed to

287-32 each corporation which is required to comply with the provisions of

287-33 NRS 78.150 to 78.185, inclusive, and which has not become

287-34 delinquent, a notice of the fee due pursuant to subsection 3 and a

287-35 reminder to file a list of officers and directors or a certification of

287-36 no change. Failure of any corporation to receive a notice or form

287-37 does not excuse it from the penalty imposed by law.

287-38 5. If the list to be filed pursuant to the provisions of subsection

287-39 1 or 2 is defective in any respect or the fee required by subsection 3

287-40 or 7 is not paid, the secretary of state may return the list for

287-41 correction or payment.

288-1 6. An annual list for a corporation not in default which is

288-2 received by the secretary of state more than 60 days before its due

288-3 date shall be deemed an amended list for the previous year.

288-4 7. If the corporation is an association as defined in NRS

288-5 116.110315, the secretary of state shall not accept the filing

288-6 required by this section unless it is accompanied by the fee

288-7 required to be paid pursuant to section 7 of this act.

288-8 Sec. 27. 1. This section and sections 1 to 5, inclusive, 6, 13,

288-9 14, 15.5, 17, 18 and 20 of this act become effective upon passage

288-10 and approval.

288-11 2. Section 23 of this act becomes effective on October 1, 1997.

288-12 3. Sections 7, 9, 24, 25 and 26 of this act become effective on

288-13 January 1, 1998, for the purpose of adopting regulations to establish

288-14 and collect fees for the office of the ombudsman for owners in

288-15 common-interest communities, and on July 1, 1998, for all other

288-16 purposes.

288-17 4. Sections 5.5, 8, 11, 12, 15, 16, 19, 20.5, 21 , [and] 22 and

288-18 26.1 of this act become effective on July 1, 1998.

288-19 5. Section 10 of this act becomes effective on July 1, 1998,

288-20 only if Senate Bill No. 248 of this session becomes effective on or

288-21 before that date.

288-22 2. Chapter 631, Statutes of Nevada 1997, at page 3126, is hereby

288-23 amended by adding thereto a new section to be designated as section 26.1,

288-24 immediately following section 26, to read as follows:

288-25 Sec. 26.1. The amendatory provisions of section 12 of this act

288-26 apply only with respect to events and circumstances occurring on or

288-27 after July 1, 1998.

288-28 Sec. 105. Section 1 of chapter 633, Statutes of Nevada 1997, at page

288-29 3129, is hereby amended to read as follows:

288-30 Section 1. NRS 202.450 is hereby amended to read as follows:

288-31 202.450 1. A public nuisance is a crime against the order and

288-32 economy of the state.

288-33 2. Every place:

288-34 (a) Wherein any gambling, bookmaking or pool selling is

288-35 conducted without a license as provided by law, or wherein any

288-36 swindling game or device, or bucket shop, or any agency therefor is

288-37 conducted, or any article, apparatus or device useful therefor is

288-38 kept;

288-39 (b) Wherein any fighting between animals or birds is conducted;

288-40 (c) Wherein any dog races are conducted [without a license as

288-41 provided by law;] as a gaming activity;

288-42 (d) Wherein any intoxicating liquors are kept for unlawful use,

288-43 sale or distribution;

289-1 (e) Wherein a controlled substance, immediate precursor as

289-2 defined in NRS 453.086 or controlled substance analog as defined

289-3 in NRS 453.043 is unlawfully sold, served, stored, kept,

289-4 manufactured, used or given away; or

289-5 (f) Where vagrants resort,

289-6 is a public nuisance.

289-7 3. Every act unlawfully done and every omission to perform a

289-8 duty, which act or omission:

289-9 (a) Annoys, injures or endangers the safety, health, comfort or

289-10 repose of any considerable number of persons;

289-11 (b) Offends public decency;

289-12 (c) Unlawfully interferes with, befouls, obstructs or tends to

289-13 obstruct, or renders dangerous for passage, a lake, navigable river,

289-14 bay, stream, canal, ditch, millrace or basin, or a public park, square,

289-15 street, alley, bridge, causeway or highway; or

289-16 (d) In any way renders a considerable number of persons

289-17 insecure in life or the use of property,

289-18 is a public nuisance.

289-19 4. Agricultural activity conducted on farmland consistent with

289-20 good agricultural practice and established before surrounding

289-21 nonagricultural activities is not a public nuisance unless it has a

289-22 substantial adverse effect on the public health or safety. It is

289-23 presumed that an agricultural activity which does not violate a

289-24 federal, state or local law, ordinance or regulation constitutes good

289-25 agricultural practice.

289-26 5. A shooting range is not a public nuisance with respect to any

289-27 noise attributable to the shooting range if the shooting range is in

289-28 compliance with the provisions of all applicable statutes, ordinances

289-29 and regulations concerning noise:

289-30 (a) As those provisions existed on October 1, 1997, for a

289-31 shooting range that begins operation on or before October 1, 1997;

289-32 or

289-33 (b) As those provisions exist on the date that the shooting range

289-34 begins operation, for a shooting range in operation after October 1,

289-35 1997.

289-36 A shooting range is not subject to any state or local law related to

289-37 the control of noise that is adopted or amended after the date set

289-38 forth in paragraph (a) or (b), as applicable, and does not constitute a

289-39 nuisance for failure to comply with any such law.

289-40 6. As used in this section, "shooting range" has the meaning

289-41 ascribed to it in NRS 40.140.

290-1 Sec. 106. 1. Sections 49, 50, 55 and 64 of chapter 635,

290-2 Statutes of Nevada 1997, at pages 3152, 3154 and 3158, are hereby

290-3 amended to read respectively as follows:

290-4 Sec. 49. NRS 233B.065 is hereby amended to read as follows:

290-5 233B.065 1. The legislative counsel shall prescribe the

290-6 numbering, page size, style and typography of the Nevada

290-7 Administrative Code. For convenience of reproduction in the

290-8 [code,] Nevada Administrative Code, he may prescribe the same

290-9 matters in original agency regulations.

290-10 2. The legislative counsel shall prepare or cause the

290-11 superintendent of the state printing division of the department of

290-12 administration to prepare such sets of the Nevada Administrative

290-13 Code and of supplementary pages as are required from time to time.

290-14 A set must be provided to and kept respectively:

290-15 (a) By the secretary of state as the master copy;

290-16 (b) By the state [librarian] library and archives administrator

290-17 for public use;

290-18 (c) By the attorney general for his use and that of the executive

290-19 department; and

290-20 (d) By the legislative counsel for his use and that of the

290-21 legislature.

290-22 The legislative commission may direct the preparation of additional

290-23 sets or pages, or both, and specify the places where those sets or

290-24 parts of sets are to be kept and the uses to be made of them.

290-25 3. The legislative counsel shall, without charge, provide:

290-26 (a) A complete set of the Nevada Administrative Code, upon

290-27 request, to each person who is on July 1, 1985, or who becomes

290-28 after that date a member of the legislature; and

290-29 (b) To each legislator who has so acquired the [code,] Nevada

290-30 Administrative Code, the replacement or supplementary pages

290-31 which are issued during his term of office.

290-32 4. Each agency shall reimburse the legislative counsel bureau

290-33 and the state printing division of the department of administration

290-34 for their respective costs in preparing and keeping current that

290-35 agency’s portion of the Nevada Administrative Code in the number

290-36 of copies required for official and public use. If additional sets or

290-37 pages are sold, the legislative commission shall set sale prices

290-38 sufficient to recover at least the cost of production and distribution

290-39 of the additional sets or pages.

290-40 Sec. 50. NRS 233B.070 is hereby amended to read as follows:

290-41 233B.070 1. A permanent regulation becomes effective when

290-42 the director of the legislative counsel bureau files with the secretary

291-1 of state the original of the final draft or revision of a regulation,

291-2 except as otherwise provided in NRS 233B.0665 or where a later

291-3 date is specified in the regulation.

291-4 2. A temporary or emergency regulation becomes effective

291-5 when the agency files with the secretary of state the original of the

291-6 final draft or revision of a regulation , together with the

291-7 informational statement prepared pursuant to NRS 233B.066. The

291-8 agency shall also file a copy of the temporary or emergency

291-9 regulation with the legislative counsel bureau, together with the

291-10 informational statement prepared pursuant to NRS 233B.066.

291-11 3. The secretary of state shall maintain the original of the final

291-12 draft or revision of each regulation in a permanent file to be used

291-13 only for the preparation of official copies.

291-14 4. The secretary of state shall file, with the original of each

291-15 agency’s rules of practice, the current statement of the agency

291-16 concerning the date and results of its most recent review of those

291-17 rules.

291-18 5. Immediately after each permanent or temporary regulation is

291-19 filed, the agency shall deliver one copy of the final draft or revision,

291-20 bearing the stamp of the secretary of state indicating that it has been

291-21 filed, including material adopted by reference which is not already

291-22 filed with the state [librarian,] library and archives administrator,

291-23 to the state [librarian] library and archives administrator for use by

291-24 the public. If the agency is a licensing board as defined in NRS

291-25 439B.225 and it has adopted a permanent regulation relating to

291-26 standards for licensing or for the renewal of a license issued to a

291-27 person or facility regulated by the agency, the agency shall also

291-28 deliver one copy of the regulation, bearing the stamp of the

291-29 secretary of state, to the legislative committee on health care within

291-30 10 days after the regulation is filed with the secretary of state.

291-31 6. Each agency shall furnish a copy of all or part of that part of

291-32 the Nevada Administrative Code which contains its regulations, to

291-33 any person who requests a copy, and may charge a reasonable fee

291-34 for the copy based on the cost of reproduction if it does not have

291-35 money appropriated or authorized for that purpose.

291-36 7. An agency which publishes any regulations included in the

291-37 Nevada Administrative Code shall use the exact text of the

291-38 regulation as it appears in the Nevada Administrative Code,

291-39 including the leadlines and numbers of the sections. Any other

291-40 material which an agency includes in a publication with its

291-41 regulations must be presented in a form which clearly distinguishes

291-42 that material from the regulations.

292-1 Sec. 55. NRS 239.073 is hereby amended to read as follows:

292-2 239.073 1. The committee to approve schedules for the

292-3 retention and disposition of official state records, consisting of six

292-4 members, is hereby created.

292-5 2. The committee consists of:

292-6 (a) The secretary of state;

292-7 (b) The attorney general;

292-8 (c) The director of the department of administration;

292-9 (d) The state [librarian;] library and archives administrator;

292-10 (e) The director of the department of information technology;

292-11 and

292-12 (f) One member who is a representative of the general public

292-13 appointed by the governor.

292-14 All members of the committee, except the representative of the

292-15 general public, are ex officio members of the committee.

292-16 3. The secretary of state or a person designated by him shall

292-17 serve as chairman of the committee. The state [librarian] library

292-18 and archives administrator shall serve as secretary of the

292-19 committee and prepare and maintain the records of the committee.

292-20 4. The committee shall meet at least quarterly and may meet

292-21 upon the call of the chairman.

292-22 5. An ex officio member of the committee may designate a

292-23 person to represent him at any meeting of the committee. The

292-24 person designated may exercise all the duties, rights and privileges

292-25 of the member he represents.

292-26 6. The committee may adopt rules and regulations for its

292-27 management.

292-28 Sec. 64. 1. This section and section 63 of this act become

292-29 effective upon passage and approval.

292-30 2. Sections 1 to [62,] 49, inclusive, 51 to 54, inclusive, 56 to

292-31 62.5, inclusive, and 65 of this act become effective on July 1, 1997.

292-32 3. Sections 50 and 55 of this act become effective at 12:01

292-33 a.m. on July 1, 1997.

292-34 2. Chapter 635, Statutes of Nevada 1997, at page 3158, is hereby

292-35 amended by adding thereto new sections to be designated as sections 62.3

292-36 and 62.5, immediately following section 62, to read respectively as follows:

292-37 Sec. 62.3. Section 5 of chapter 97, Statutes of Nevada 1997, at

292-38 page 186, is hereby amended to read as follows:

292-39 Sec. 5. NRS 233B.065 is hereby amended to read as

292-40 follows:

292-41 233B.065 1. The legislative counsel shall prescribe the

292-42 numbering, page size, style and typography of the Nevada

293-1 Administrative Code. For convenience of reproduction in the

293-2 Nevada Administrative Code, he may prescribe the same matters

293-3 in original agency regulations.

293-4 2. The legislative counsel shall cause to be included in the

293-5 Nevada Administrative Code the date on which an agency last

293-6 completed a review of its regulations pursuant to paragraph (e)

293-7 of subsection 1 of NRS 233B.050.

293-8 3. The legislative counsel shall prepare or cause the

293-9 superintendent of the state printing division of the department of

293-10 administration to prepare such sets of the Nevada Administrative

293-11 Code and of supplementary pages as are required from time to

293-12 time. A set must be provided to and kept respectively:

293-13 (a) By the secretary of state as the master copy;

293-14 (b) By the state library and archives administrator for public

293-15 use;

293-16 (c) By the attorney general for his use and that of the

293-17 executive department; and

293-18 (d) By the legislative counsel for his use and that of the

293-19 legislature.

293-20 The legislative commission may direct the preparation of

293-21 additional sets or pages, or both, and specify the places where

293-22 those sets or parts of sets are to be kept and the uses to be made

293-23 of them.

293-24 [3.] 4. The legislative counsel shall, without charge,

293-25 provide:

293-26 (a) A complete set of the Nevada Administrative Code, upon

293-27 request, to each person who is on July 1, 1985, or who becomes

293-28 after that date a member of the legislature; and

293-29 (b) To each legislator who has so acquired the Nevada

293-30 Administrative Code, the replacement or supplementary pages

293-31 which are issued during his term of office.

293-32 [4.] 5. Each agency shall reimburse the legislative counsel

293-33 bureau and the state printing division of the department of

293-34 administration for their respective costs in preparing and keeping

293-35 current that agency’s portion of the Nevada Administrative Code

293-36 in the number of copies required for official and public use. If

293-37 additional sets or pages are sold, the legislative commission shall

293-38 set sale prices sufficient to recover at least the cost of production

293-39 and distribution of the additional sets or pages.

294-1 Sec. 62.5. Section 13 of chapter 397, Statutes of Nevada 1997,

294-2 at page 1391, is hereby amended to read as follows:

294-3 Sec. 13. NRS 233B.065 is hereby amended to read as

294-4 follows:

294-5 233B.065 1. The legislative counsel shall prescribe the

294-6 numbering, page size, style and typography of the Nevada

294-7 Administrative Code. For convenience of reproduction in the

294-8 Nevada Administrative Code, he may prescribe the same matters

294-9 in original agency regulations.

294-10 2. The legislative counsel shall cause to be included in the

294-11 Nevada Administrative Code the [date] :

294-12 (a) Date on which an agency last completed a review of its

294-13 regulations pursuant to paragraph (e) of subsection 1 of NRS

294-14 233B.050 [.] ; and

294-15 (b) Citation of authority pursuant to which the agency

294-16 adopted each section of a permanent regulation.

294-17 3. The legislative counsel shall prepare or cause the

294-18 superintendent of the state printing division of the department of

294-19 administration to prepare such sets of the Nevada Administrative

294-20 Code and of supplementary pages as are required from time to

294-21 time. A set must be provided to and kept respectively:

294-22 (a) By the secretary of state as the master copy;

294-23 (b) By the state library and archives administrator for public

294-24 use;

294-25 (c) By the attorney general for his use and that of the

294-26 executive department; and

294-27 (d) By the legislative counsel for his use and that of the

294-28 legislature.

294-29 The legislative commission may direct the preparation of

294-30 additional sets or pages, or both, and specify the places where

294-31 those sets or parts of sets are to be kept and the uses to be made

294-32 of them.

294-33 4. The legislative counsel shall, without charge, provide:

294-34 (a) A complete set of the Nevada Administrative Code, upon

294-35 request, to each person who is on July 1, 1985, or who becomes

294-36 after that date a member of the legislature; and

294-37 (b) To each legislator who has so acquired the Nevada

294-38 Administrative Code, the replacement or supplementary pages

294-39 which are issued during his term of office.

294-40 5. Each agency shall reimburse the legislative counsel bureau

294-41 and the state printing division of the department of administration

294-42 for their respective costs in preparing and keeping current that

294-43 agency’s portion of the Nevada Administrative Code in the

295-1 number of copies required for official and public use. If

295-2 additional sets or pages are sold, the legislative commission shall

295-3 set sale prices sufficient to recover at least the cost of production

295-4 and distribution of the additional sets or pages.

295-5 Sec. 107. 1. Section 1 of chapter 636, Statutes of Nevada 1997, at

295-6 page 3159, is hereby amended to read as follows:

295-7 Section 1. NRS 179.245 is hereby amended to read as follows:

295-8 179.245 1. Except as otherwise provided in subsection 5 and

295-9 NRS 453.3365 , [and subsection 4,] a person who has been

295-10 convicted of:

295-11 (a) Any felony may, after 15 years from the date of his

295-12 conviction or, if he is imprisoned, from the date of his release from

295-13 actual custody;

295-14 (b) Any gross misdemeanor may, after 10 years from the date of

295-15 his conviction or release from custody;

295-16 (c) A violation of NRS 484.379 other than a felony, or a battery

295-17 which constitutes domestic violence pursuant to NRS 33.018 other

295-18 than a felony may, after 7 years from the date of his conviction or

295-19 release from custody; or

295-20 (d) Any other misdemeanor may, after 5 years from the date of

295-21 his conviction or release from custody,

295-22 petition the court in which the conviction was obtained for the

295-23 sealing of all records relating to the conviction. [The petition]

295-24 2. A petition filed pursuant to subsection 1 must be

295-25 accompanied by [a current, certified record] current, verified

295-26 records of the petitioner’s criminal history received from [the] :

295-27 (a) The central repository for Nevada records of criminal
295-28 history [.

295-29 2. The] ; and

295-30 (b) The local law enforcement agency of the city or county in

295-31 which the conviction was entered.

295-32 3. Upon receiving a petition pursuant to this section, the court

295-33 shall notify [the district attorney of the county in which the

295-34 conviction was obtained, and the district] :

295-35 (a) The prosecuting attorney for the county; or

295-36 (b) If the person was convicted in a municipal court, the

295-37 prosecuting attorney for the city.

295-38 The prosecuting attorney and any person having relevant evidence

295-39 may testify and present evidence at the hearing on the petition.

295-40 [3.] 4. If , after the hearing , the court finds that, in the period

295-41 prescribed in subsection 1, the petitioner has not been arrested,

295-42 except for minor moving or standing traffic violations, the court

295-43 may order sealed all records of the conviction which are in the

296-1 custody of the court, of another court in the State of Nevada or of a

296-2 public or private agency, company or official in the State of

296-3 Nevada, and may also order all such criminal identification records

296-4 of the petitioner returned to the file of the court where the

296-5 proceeding was commenced from, including, but not limited to, the

296-6 Federal Bureau of Investigation, the California identification and

296-7 investigation bureau, sheriffs’ offices and all other law enforcement

296-8 agencies reasonably known by either the petitioner or the court to

296-9 have possession of such records.

296-10 [4.] 5. A person may not petition the court to seal records

296-11 relating to a conviction of a crime against a child or a sexual

296-12 offense.

296-13 [5.] 6. As used in this section:

296-14 (a) "Crime against a child" has the meaning ascribed to it in

296-15 section 34 of Senate Bill No. 325 of this session.

296-16 (b) "Sexual offense" has the meaning ascribed to it in section 48

296-17 of Senate Bill No. 325 of this session.

296-18 2. Chapter 636, Statutes of Nevada 1997, at page 3161, is hereby

296-19 amended by adding thereto a new section to be designated as section 3.5,

296-20 immediately following section 3, to read as follows:

296-21 Sec. 3.5. Section 4 of chapter 476, Statutes of Nevada 1997, at

296-22 page 1803, is hereby amended to read as follows:

296-23 Sec. 4. NRS 179.245 is hereby amended to read as follows:

296-24 179.245 1. Except as otherwise provided in NRS 453.3365

296-25 and subsection 4, a person who has been convicted of:

296-26 (a) Any felony may, after 15 years from the date of his

296-27 conviction or, if he is imprisoned, from the date of his release

296-28 from actual custody;

296-29 (b) Any gross misdemeanor may, after 10 years from the date

296-30 of his conviction or release from custody;

296-31 (c) A violation of NRS 484.379 other than a felony , or a

296-32 battery which constitutes domestic violence pursuant to NRS

296-33 33.018 other than a felony may, after 7 years from the date of

296-34 his conviction or release from custody; or

296-35 (d) Any other misdemeanor may, after 5 years from the date

296-36 of his conviction or release from custody,

296-37 petition the court in which the conviction was obtained for the

296-38 sealing of all records relating to the conviction. The petition must

296-39 be accompanied by a current, certified record of the petitioner’s

296-40 criminal history received from the central repository for Nevada

296-41 records of criminal history.

296-42 2. The court shall notify the district attorney of the county in

296-43 which the conviction was obtained, and the district attorney and

297-1 any person having relevant evidence may testify and present

297-2 evidence at the hearing on the petition.

297-3 3. If after the hearing the court finds that, in the period

297-4 prescribed in subsection 1, the petitioner has not been arrested,

297-5 except for minor moving or standing traffic violations, the court

297-6 may order sealed all records of the conviction which are in the

297-7 custody of the court, of another court in the State of Nevada or of

297-8 a public or private agency, company or official in the State of

297-9 Nevada, and may also order all such criminal identification

297-10 records of the petitioner returned to the file of the court where the

297-11 proceeding was commenced from, but not limited to, the Federal

297-12 Bureau of Investigation, the California identification and

297-13 investigation bureau, sheriffs’ offices and all other law

297-14 enforcement agencies reasonably known by either the petitioner

297-15 or the court to have possession of such records.

297-16 4. A person may not petition the court to seal records relating

297-17 to a conviction of a crime against a child or a sexual offense.

297-18 5. As used in this section:

297-19 (a) "Crime against a child" has the meaning ascribed to it in

297-20 section 34 of [this act.] Senate Bill No. 325 of this session.

297-21 (b) "Sexual offense" has the meaning ascribed to it in section

297-22 48 of [this act.] Senate Bill No. 325 of this session.

297-23 3. Chapter 636, Statutes of Nevada 1997, at page 3161, is hereby

297-24 amended by adding thereto a new section to be designated as section 5,

297-25 immediately following section 4, to read as follows:

297-26 Sec. 5. 1. This section and section 3.5 of this act become

297-27 effective on September 30, 1997.

297-28 2. Section 1 of this act becomes effective at 12:01 a.m. on

297-29 October 1, 1997.

297-30 Sec. 108. Section 9 of chapter 640, Statutes of Nevada 1997, at page

297-31 3173, is hereby amended to read as follows:

297-32 Sec. 9. NRS 439.360 is hereby amended to read as follows:

297-33 439.360 The county board of health may:

297-34 1. Abate nuisances in accordance with law.

297-35 2. Establish and maintain an isolation hospital or quarantine

297-36 station when necessary.

297-37 3. Restrain, quarantine and disinfect any person sick with or

297-38 exposed to any contagious or infectious disease that is dangerous to

297-39 the public health.

297-40 4. Appoint quarantine officers when necessary to enforce a

297-41 quarantine, [and] shall provide whatever medicines, disinfectants

297-42 and provisions which may be required, and shall arrange for the

297-43 payment of all debts or charges so incurred from any funds

298-1 available, but each patient shall, if he is able, pay for his food,

298-2 medicine, clothes and medical attendance.

298-3 5. Subject to the prior review and approval of the board of

298-4 county commissioners [,] and except as otherwise provided in

298-5 section 1 of this act, adopt a schedule of reasonable fees to be

298-6 collected for issuing or renewing any health permit or license

298-7 required to be obtained from the board pursuant to a law of this

298-8 state or an ordinance adopted by any political subdivision of this

298-9 state. Such fees must be for the sole purpose of defraying the costs

298-10 and expenses of the [licensing and permit] procedures for issuing

298-11 licenses and permits, and investigations related thereto , and not for

298-12 the purposes of general revenue . [purposes.]

298-13 Sec. 109. 1. Sections 5 and 14 of chapter 641, Statutes of Nevada

298-14 1997, at pages 3175 and 3184, respectively, are hereby amended to read

298-15 respectively as follows:

298-16 Sec. 5. Except as otherwise provided in section 6 of this act,

298-17 the director may make the following deductions, in the following

298-18 order of priority, from any money deposited in the individual

298-19 account of an offender from any source other than his wages:

298-20 1. An amount the director deems reasonable for deposit with

298-21 the state treasurer for credit to the fund for the compensation of

298-22 victims of crime created pursuant to NRS 217.260.

298-23 2. An amount the director considers reasonable to meet an

298-24 existing obligation of the offender for the support of his family.

298-25 3. An amount determined by the director, with the approval of

298-26 the board, to offset the cost of maintaining the offender in the

298-27 institution, as reflected in the budget of the department.

298-28 4. A deduction pursuant to NRS 209.246.

298-29 5. An amount determined by the director for deposit in a

298-30 savings account for the offender, in which interest on the money

298-31 deposited does not accrue, to be used for the payment of the

298-32 expenses of the offender related to his release or, if the offender

298-33 dies before his release, to defray expenses related to arrangements

298-34 for his funeral.

298-35 6. An amount the director considers reasonable to meet an

298-36 existing obligation of the offender for restitution to a victim of his

298-37 crime.

298-38 7. An amount the director considers reasonable to pay the

298-39 balance of an administrative assessment included in the judgment

298-40 entered against the offender for each crime for which he is

298-41 incarcerated and the balance of an unpaid administrative

298-42 assessment included in a judgment entered against the offender

298-43 for a crime committed in this state for which he was previously

299-1 convicted. An amount deducted from a source other than the

299-2 wages earned by the offender during his incarceration, pursuant

299-3 to this subsection, must be submitted:

299-4 (a) If the offender does not have an administrative assessment

299-5 owing from a judgment entered for a crime previously committed

299-6 in this state, to the court that entered the judgment against the

299-7 offender for which he is incarcerated.

299-8 (b) If the offender has an administrative assessment owing

299-9 from a judgment entered for a crime previously committed in this

299-10 state, to the court that first entered a judgment for which an

299-11 administrative assessment is owing, until the balance owing has

299-12 been paid.

299-13 8. An amount the director considers reasonable to pay the

299-14 balance of a fine included in the judgment entered against the

299-15 offender for each crime for which he is incarcerated and the

299-16 balance of an unpaid fine included in a judgment entered against

299-17 the offender for a crime committed in this state for which he was

299-18 previously convicted. An amount deducted from any source other

299-19 than the wages earned by the offender during his incarceration,

299-20 pursuant to this subsection, must be submitted:

299-21 (a) If the offender does not have a fine owing from a judgment

299-22 entered for a crime previously committed in this state, to the court

299-23 that entered the judgment against the offender for which he is

299-24 incarcerated.

299-25 (b) If the offender has a fine owing from a judgment entered

299-26 for a crime previously committed in this state, to the court that

299-27 first entered a judgment for which any fine or administrative

299-28 assessment is owing, until the balance owing has been paid.

299-29 9. An amount the director considers reasonable to pay the

299-30 balance of any fee imposed upon the offender for genetic marker

299-31 testing and included in the judgment entered against the offender

299-32 pursuant to section 83.7 of Senate Bill No. 325 of this
299-33 session.

299-34 The director shall determine the priority of any other deduction

299-35 authorized by law from any source other than the wages earned

299-36 by the offender during his incarceration.

299-37 Sec. 14. NRS 209.463 is hereby amended to read as follows:

299-38 209.463 [1.] Except as otherwise provided in [subsection 3,]

299-39 section 6 of this act, the director may make the following

299-40 deductions, in the following order of priority, from the wages

299-41 earned by an offender from any source during his incarceration:

299-42 [(a)] 1. If the [offender’s] hourly wage of the offender is equal

299-43 to or greater than the federal minimum wage:

300-1 [(1)] (a) An amount the director deems reasonable for deposit

300-2 with the state treasurer for credit to the fund for the compensation

300-3 of victims of crime.

300-4 (b) An amount the director considers reasonable to meet an

300-5 existing obligation of the offender for the support of his family.

300-6 [(2)] (c) An amount determined by the director, with the

300-7 approval of the board, for deposit in the state treasury for credit to

300-8 the fund for new construction of facilities for prison industries, but

300-9 only if the offender is employed through a program for prison

300-10 industries.

300-11 [(3)] (d) An amount determined by the director for deposit in

300-12 the [offender’s] individual account of the offender in the prisoners’

300-13 personal property fund.

300-14 [(4)] (e) An amount determined by the director, with the

300-15 approval of the board, to offset the cost of maintaining the offender

300-16 in the institution, as reflected in the budget of the department.

300-17 [(5) An amount the director considers reasonable to meet any

300-18 existing obligation of the offender for the support of his family.

300-19 (6) Any]

300-20 (f) A deduction pursuant to NRS 209.246.

300-21 [(7)] (g) An amount determined by the director for deposit in

300-22 a savings account for the offender, in which interest on the money

300-23 deposited does not accrue, to be used for the payment of the

300-24 expenses of the offender related to his release, or if the offender

300-25 dies before his release, to defray [any] expenses related to [any]

300-26 arrangements for his funeral.

300-27 [(8)] (h) An amount the director considers reasonable to meet

300-28 [any] an existing obligation of the offender for restitution to any

300-29 victim of his crime.

300-30 [(9)] (i) An amount the director considers reasonable to pay

300-31 the balance of any fee imposed upon the offender for genetic

300-32 marker testing and included in the judgment entered against the

300-33 offender pursuant to section 83.7 of [this act.

300-34 (10)] Senate Bill No. 325 of this session.

300-35 (j) An amount the director considers reasonable to pay the

300-36 balance of [the administrative assessments] an administrative

300-37 assessment included in the judgment entered against the offender

300-38 for each crime for which he is incarcerated and the balance of [any]

300-39 an unpaid administrative [assessments] assessment included in a

300-40 judgment entered against the offender for [any] a crime committed

300-41 in this state for which he was previously convicted. [Any] An

300-42 amount deducted from the [offender’s] wages of the offender

300-43 pursuant to this [subparagraph] paragraph must be submitted:

301-1 [(I)] (1) If the offender does not have [any administrative

301-2 assessments] an administrative assessment owing from a judgment

301-3 entered for a crime previously committed in this state, to the court

301-4 that entered the judgment against the offender for which he is

301-5 incarcerated.

301-6 [(II)] (2) If the offender has [any administrative

301-7 assessments] an administrative assessment owing from a judgment

301-8 entered for a crime previously committed in this state, to the court

301-9 that first entered a judgment for which [any] an administrative

301-10 assessment is owing, until the balance owing has been paid.

301-11 [(11)] (k) An amount the director considers reasonable to pay

301-12 the balance of [the fines] a fine included in the judgment entered

301-13 against the offender for each crime for which he is incarcerated and

301-14 the balance of [any unpaid fines] an unpaid fine included in a

301-15 judgment entered against the offender for [any] a crime committed

301-16 in this state for which he was previously convicted. [Any] An

301-17 amount deducted from the [offender’s] wages of the offender

301-18 pursuant to this [subparagraph] paragraph must be submitted:

301-19 [(I)] (1) If the offender does not have [any fines] a fine

301-20 owing from a judgment entered for a crime previously committed in

301-21 this state, to the court that entered the judgment against the offender

301-22 for which he is incarcerated.

301-23 [(II)] (2) If the offender has [any fines] a fine owing from a

301-24 judgment entered for a crime previously committed in this state, to

301-25 the court that first entered a judgment for which [any] a fine or

301-26 administrative assessment is owing, until the balance owing has

301-27 been paid.

301-28 The director shall determine the priority of any other deduction

301-29 authorized by law from the wages earned by the offender from any

301-30 source during his incarceration.

301-31 [(b)] 2. If the [offender’s] hourly wage of the offender is less

301-32 than the federal minimum wage:

301-33 [(1)] (a) An amount the director deems reasonable for deposit

301-34 with the state treasurer for credit to the fund for the compensation

301-35 of victims of crime.

301-36 [(2)] (b) An amount determined by the director, with the

301-37 approval of the board, for deposit in the state treasury for credit to

301-38 the fund for new construction of facilities for prison industries, but

301-39 only if the offender is employed through a program for prison

301-40 industries.

301-41 [(3)] (c) An amount determined by the director for deposit in

301-42 the [offender’s] individual account of the offender in the prisoners’

301-43 personal property fund.

302-1 [(4)] (d) An amount determined by the director, with the

302-2 approval of the board, to offset the cost of maintaining the offender

302-3 in the institution, as reflected in the budget of the department.

302-4 [(5) Any]

302-5 (e) A deduction pursuant to NRS 209.246.

302-6 [(6)] (f) An amount the director considers reasonable to pay

302-7 the balance of any fee imposed upon the offender for genetic

302-8 marker testing and included in the judgment entered against the

302-9 offender pursuant to section 83.7 of [this act.

302-10 (7)] Senate Bill No. 325 of this session.

302-11 (g) An amount determined by the director for deposit in a

302-12 savings account for the offender, in which interest on the money

302-13 deposited does not accrue, to be used for the payment of the

302-14 expenses of the offender related to his release, or if the offender

302-15 dies before his release, to defray [any] expenses related to [any]

302-16 arrangements for his funeral.

302-17 The director shall determine the priority of any other deduction

302-18 authorized by law from the wages earned by the offender from any

302-19 source during his incarceration.

302-20 [2. Except as otherwise provided in subsection 3, the director

302-21 may make the following deductions, in the following priority, from

302-22 any money deposited in an offender’s account from any source

302-23 other than his wages:

302-24 (a) Any deduction pursuant to NRS 209.246.

302-25 (b) An amount determined by the director for deposit in a

302-26 savings account for the offender, in which interest on the money

302-27 deposited does not accrue, to be used for the payment of the

302-28 expenses of the offender related to his release or, if the offender

302-29 dies before his release, to defray any expenses related to any

302-30 arrangements for his funeral.

302-31 (c) An amount the director considers reasonable to pay the

302-32 balance of any fee imposed upon the offender for genetic marker

302-33 testing and included in the judgment entered against the offender

302-34 pursuant to section 83.7 of this act.

302-35 The director shall determine the priority of any other deduction

302-36 authorized by law from any source other than the wages earned by

302-37 the offender during his incarceration.

302-38 3. The director shall not make any deduction from the

302-39 offender’s individual account in the prisoners’ personal property

302-40 fund if the balance in the account is below the minimum balance

302-41 designated by the director pursuant to this subsection. The director

303-1 shall designate the minimum balance of an offender’s account

303-2 required before such other deductions or withdrawals from the

303-3 account may be made by the director or the offender.

303-4 4. Upon the release of an offender, any money from any source

303-5 remaining in an account of the offender may be used to reimburse

303-6 the department for any expenses related to his release, including,

303-7 but not limited to, any expenses incurred by the department

303-8 pursuant to NRS 209.511 or for transportation of the offender.

303-9 5. The director may reduce or eliminate any deduction

303-10 authorized pursuant to subsection 1 from the wages of any offender

303-11 to the extent necessary to comply with any restrictions imposed by

303-12 federal law on deductions from wages of that offender.]

303-13 2. Chapter 641, Statutes of Nevada 1997, at page 3191, is hereby

303-14 amended by adding thereto a new section to be designated as section 21.5,

303-15 immediately following section 21, to read as follows:

303-16 Sec. 21.5. Sections 14 and 17 of chapter 552, Statutes of

303-17 Nevada 1997, at pages 2655 and 2657, respectively, are hereby

303-18 amended to read respectively as follows:

303-19 Sec. 14. NRS 209.463 is hereby amended to read as follows:

303-20 209.463 Except as otherwise provided in section 6 of [this

303-21 act,] Senate Bill No. 328 of this session, the director may make

303-22 the following deductions, in the following order of priority, from

303-23 the wages earned by an offender from any source during his

303-24 incarceration:

303-25 1. If the hourly wage of the offender is equal to or greater

303-26 than the federal minimum wage:

303-27 (a) An amount the director deems reasonable for deposit with

303-28 the state treasurer for credit to the fund for the compensation of

303-29 victims of crime.

303-30 (b) An amount the director considers reasonable to meet an

303-31 existing obligation of the offender for the support of his family.

303-32 (c) An amount determined by the director, with the approval

303-33 of the board, for deposit in the state treasury for credit to the fund

303-34 for new construction of facilities for prison industries, but only if

303-35 the offender is employed through a program for prison industries.

303-36 (d) An amount determined by the director for deposit in the

303-37 individual account of the offender in the prisoners’ personal

303-38 property fund.

303-39 (e) An amount determined by the director, with the approval

303-40 of the board, to offset the cost of maintaining the offender in the

303-41 institution, as reflected in the budget of the department. An

303-42 amount deducted pursuant to this paragraph may include, but

304-1 is not limited to, an amount to offset the cost of participation by

304-2 the offender pursuant to sections 2 to 13, inclusive, of this act

304-3 in a therapeutic community or a program of aftercare, or both.

304-4 (f) A deduction pursuant to NRS 209.246.

304-5 (g) An amount determined by the director for deposit in a

304-6 savings account for the offender, in which interest on the money

304-7 deposited does not accrue, to be used for the payment of the

304-8 expenses of the offender related to his release, or if the offender

304-9 dies before his release, to defray expenses related to

304-10 arrangements for his funeral.

304-11 (h) An amount the director considers reasonable to meet an

304-12 existing obligation of the offender for restitution to any victim of

304-13 his crime.

304-14 (i) An amount the director considers reasonable to pay the

304-15 balance of any fee imposed upon the offender for genetic marker

304-16 testing and included in the judgment entered against the offender

304-17 pursuant to section 83.7 of Senate Bill No. 325 of this session.

304-18 (j) An amount the director considers reasonable to pay the

304-19 balance of an administrative assessment included in the judgment

304-20 entered against the offender for each crime for which he is

304-21 incarcerated and the balance of an unpaid administrative

304-22 assessment included in a judgment entered against the offender

304-23 for a crime committed in this state for which he was previously

304-24 convicted. An amount deducted from the wages of the offender

304-25 pursuant to this paragraph must be submitted:

304-26 (1) If the offender does not have an administrative

304-27 assessment owing from a judgment entered for a crime previously

304-28 committed in this state, to the court that entered the judgment

304-29 against the offender for which he is incarcerated.

304-30 (2) If the offender has an administrative assessment owing

304-31 from a judgment entered for a crime previously committed in this

304-32 state, to the court that first entered a judgment for which an

304-33 administrative assessment is owing, until the balance owing has

304-34 been paid.

304-35 (k) An amount the director considers reasonable to pay the

304-36 balance of a fine included in the judgment entered against the

304-37 offender for each crime for which he is incarcerated and the

304-38 balance of an unpaid fine included in a judgment entered against

304-39 the offender for a crime committed in this state for which he was

304-40 previously convicted. An amount deducted from the wages of the

304-41 offender pursuant to this paragraph must be submitted:

304-42 (1) If the offender does not have a fine owing from a

304-43 judgment entered for a crime previously committed in this state,

305-1 to the court that entered the judgment against the offender for

305-2 which he is incarcerated.

305-3 (2) If the offender has a fine owing from a judgment

305-4 entered for a crime previously committed in this state, to the

305-5 court that first entered a judgment for which a fine or

305-6 administrative assessment is owing, until the balance owing has

305-7 been paid.

305-8 The director shall determine the priority of any other deduction

305-9 authorized by law from the wages earned by the offender from

305-10 any source during his incarceration.

305-11 2. If the hourly wage of the offender is less than the federal

305-12 minimum wage:

305-13 (a) An amount the director deems reasonable for deposit with

305-14 the state treasurer for credit to the fund for the compensation of

305-15 victims of crime.

305-16 (b) An amount determined by the director, with the approval

305-17 of the board, for deposit in the state treasury for credit to the fund

305-18 for new construction of facilities for prison industries, but only if

305-19 the offender is employed through a program for prison industries.

305-20 (c) An amount determined by the director for deposit in the

305-21 individual account of the offender in the prisoners’ personal

305-22 property fund.

305-23 (d) An amount determined by the director, with the approval

305-24 of the board, to offset the cost of maintaining the offender in the

305-25 institution, as reflected in the budget of the department. An

305-26 amount deducted pursuant to this paragraph may include, but

305-27 is not limited to, an amount to offset the cost of participation by

305-28 the offender pursuant to sections 2 to 13, inclusive, of this act

305-29 in a therapeutic community or a program of aftercare, or both.

305-30 (e) A deduction pursuant to NRS 209.246.

305-31 (f) An amount the director considers reasonable to pay the

305-32 balance of any fee imposed upon the offender for genetic marker

305-33 testing and included in the judgment entered against the offender

305-34 pursuant to section 83.7 of Senate Bill No. 325 of this session.

305-35 (g) An amount determined by the director for deposit in a

305-36 savings account for the offender, in which interest on the money

305-37 deposited does not accrue, to be used for the payment of the

305-38 expenses of the offender related to his release, or if the offender

305-39 dies before his release, to defray expenses related to

305-40 arrangements for his funeral.

305-41 The director shall determine the priority of any other deduction

305-42 authorized by law from the wages earned by the offender from

305-43 any source during his incarceration.

306-1 Sec. 17. Section 5 of Senate Bill No. 328 of this session is

306-2 hereby amended to read as follows:

306-3 Sec. 5. Except as otherwise provided in section 6 of this

306-4 act, the director may make the following deductions, in the

306-5 following order of priority, from any money deposited in the

306-6 individual account of an offender from any source other than

306-7 his wages:

306-8 1. An amount the director deems reasonable for deposit

306-9 with the state treasurer for credit to the fund for the

306-10 compensation of victims of crime created pursuant to NRS

306-11 217.260.

306-12 2. An amount the director considers reasonable to meet an

306-13 existing obligation of the offender for the support of his

306-14 family.

306-15 3. An amount determined by the director, with the

306-16 approval of the board, to offset the cost of maintaining the

306-17 offender in the institution, as reflected in the budget of the

306-18 department. An amount deducted pursuant to this subsection

306-19 may include, but is not limited to, an amount to offset the

306-20 cost of participation by the offender pursuant to sections 2 to

306-21 13, inclusive, of Senate Bill No. 432 of this session in a

306-22 therapeutic community or a program of aftercare, or both.

306-23 4. A deduction pursuant to NRS 209.246.

306-24 5. An amount determined by the director for deposit in a

306-25 savings account for the offender, in which interest on the

306-26 money deposited does not accrue, to be used for the payment

306-27 of the expenses of the offender related to his release or, if the

306-28 offender dies before his release, to defray expenses related to

306-29 arrangements for his funeral.

306-30 6. An amount the director considers reasonable to meet an

306-31 existing obligation of the offender for restitution to a victim of

306-32 his crime.

306-33 7. An amount the director considers reasonable to pay the

306-34 balance of an administrative assessment included in the

306-35 judgment entered against the offender for each crime for which

306-36 he is incarcerated and the balance of an unpaid administrative

306-37 assessment included in a judgment entered against the offender

306-38 for a crime committed in this state for which he was previously

306-39 convicted. An amount deducted from a source other than the

306-40 wages earned by the offender during his incarceration,

306-41 pursuant to this subsection, must be submitted:

306-42 (a) If the offender does not have an administrative

306-43 assessment owing from a judgment entered for a crime

307-1 previously committed in this state, to the court that entered the

307-2 judgment against the offender for which he is incarcerated.

307-3 (b) If the offender has an administrative assessment owing

307-4 from a judgment entered for a crime previously committed in

307-5 this state, to the court that first entered a judgment for which

307-6 an administrative assessment is owing, until the balance owing

307-7 has been paid.

307-8 8. An amount the director considers reasonable to pay the

307-9 balance of a fine included in the judgment entered against the

307-10 offender for each crime for which he is incarcerated and the

307-11 balance of an unpaid fine included in a judgment entered

307-12 against the offender for a crime committed in this state for

307-13 which he was previously convicted. An amount deducted from

307-14 any source other than the wages earned by the offender during

307-15 his incarceration, pursuant to this subsection, must be

307-16 submitted:

307-17 (a) If the offender does not have a fine owing from a

307-18 judgment entered for a crime previously committed in this

307-19 state, to the court that entered the judgment against the

307-20 offender for which he is incarcerated.

307-21 (b) If the offender has a fine owing from a judgment

307-22 entered for a crime previously committed in this state, to the

307-23 court that first entered a judgment for which any fine or

307-24 administrative assessment is owing, until the balance owing

307-25 has been paid.

307-26 9. An amount the director considers reasonable to pay the

307-27 balance of any fee imposed upon the offender for genetic

307-28 marker testing and included in the judgment entered against

307-29 the offender pursuant to section 83.7 of Senate Bill No. 325 of

307-30 this session.

307-31 The director shall determine the priority of any other deduction

307-32 authorized by law from any source other than the wages earned

307-33 by the offender during his incarceration.

307-34 Sec. 110. 1. Sections 18 and 21 of chapter 645, Statutes of Nevada

307-35 1997, at page 3225, are hereby amended to read respectively as follows:

307-36 Sec. 18. 1. NRS 616B.200 is hereby repealed.

307-37 2. Section 20 of Senate Bill No. 133 of this session is hereby

307-38 repealed.

307-39 3. [Sections 55 and 104] Section 55 of chapter 580, Statutes of

307-40 Nevada 1995, at [pages 2012 and 2032, respectively,] page 2012,

307-41 and section 6 of chapter 406, Statutes of Nevada 1997, at page

307-42 1416, are hereby repealed.

308-1 Sec. 21. 1. This section and sections 17.1 and 17.2 of this

308-2 act become effective on June 30, 1997.

308-3 2. Sections 1, 3 to 12, inclusive, 14, 15, 17, 19 and 20 of this

308-4 act, and subsections 2 and 3 of section 18 of this act, become

308-5 effective on July 1, 1997.

308-6 [2.] 3. Section 13 of this act becomes effective on January 1,

308-7 1998.

308-8 [3.] 4. Sections 2 and 16 of this act, and subsection 1 of

308-9 section 18 of this act, become effective on July 1, 1999.

308-10 2. Chapter 645, Statutes of Nevada 1997, at page 3225, is hereby

308-11 amended by adding thereto new sections to be designated as sections 17.1

308-12 and 17.2, immediately following section 17, to read respectively as follows:

308-13 Sec. 17.1. Section 7 of chapter 406, Statutes of Nevada 1997,

308-14 at page 1416, is hereby amended to read as follows:

308-15 Sec. 7. 1. This section and sections 1, 2 and 3 of this act

308-16 become effective on July 1, 1997.

308-17 2. Sections 4 and 5 of this act become effective at 12:01 a.m.

308-18 on July 1, 1997.

308-19 [3. Section 6 of this act becomes effective at 12:01 a.m. on

308-20 July 1, 1999.]

308-21 Sec. 17.2. Sections 50 and 81 of chapter 410, Statutes of

308-22 Nevada 1997, at pages 1442 and 1457, respectively, are hereby

308-23 amended to read respectively as follows:

308-24 Sec. 50. NRS 616D.200 is hereby amended to read as

308-25 follows:

308-26 616D.200 1. If the administrator finds that an employer

308-27 within the provisions of NRS 616B.633 has failed to provide and

308-28 secure compensation as required by the terms of chapters 616A

308-29 to 616D, inclusive, of NRS or that the employer has provided and

308-30 secured that compensation but has failed to maintain it, he shall

308-31 make a determination thereon and may charge the employer an

308-32 amount equal to the sum of:

308-33 (a) The premiums that would otherwise have been owed to the

308-34 system pursuant to the terms of chapters 616A to 616D,

308-35 inclusive, of NRS for the period that the employer was doing

308-36 business in this state without providing, securing or maintaining

308-37 that compensation, but not to exceed 6 years;

308-38 (b) The actual costs incurred by the system in reinstating the

308-39 policy, but not to exceed 10 percent of the premiums owed by the

308-40 employer; and

308-41 (c) Interest at a rate determined pursuant to NRS 17.130

308-42 computed from the time that the premiums should have been

308-43 paid.

309-1 2. The administrator shall [mail] deliver a copy of his

309-2 determination to the employer. An employer who is aggrieved by

309-3 the determination of the administrator may appeal from the

309-4 determination pursuant to subsection 2 of NRS 616D.220.

309-5 3. Any employer within the provisions of NRS 616B.633

309-6 who fails to provide, secure or maintain compensation as

309-7 required by the terms of chapters 616A to 616D, inclusive, of

309-8 NRS, is:

309-9 (a) For the first offense, guilty of a misdemeanor.

309-10 (b) For a second or subsequent offense committed within 7

309-11 years after the previous offense, guilty of a category [D] C felony

309-12 and shall be punished as provided in NRS 193.130.

309-13 Any criminal penalty imposed must be in addition to the amount

309-14 charged pursuant to subsection 1.

309-15 Sec. 81. 1. This section and sections 4 to 10, inclusive, 13,

309-16 15, 15.5, 16, 17, 20, 27, 28, 36, 40.5, 42, 61, 76, 78, 79 and 80 of

309-17 this act become effective on July 1, 1997.

309-18 2. Section 14 of this act becomes effective at 12:01 a.m. on

309-19 July 1, 1997.

309-20 3. Sections 1, 11, 26, 35, 37, 38, 39, 43, 45, 46, 49, [50,] 51,

309-21 52, 53, 54, 58 and 59 of this act become effective on January 1,

309-22 1998.

309-23 4. Section 50 of this act becomes effective at 12:01 a.m. on

309-24 January 1, 1998.

309-25 5. Sections 18, 23, 40, 48, 56, 57, 60, 77 and 77.5 of this act

309-26 become effective on July 1, 1999.

309-27 [5.] 6. Sections 3, 12, 21, 22, 41, 62, 62.5, 63, 65, 67, 70, 72

309-28 and 74 of this act become effective at 12:01 a.m. on July 1, 1999.

309-29 [6.] 7. Sections 64, 66, 68, 71, 73 and 75 of this act become

309-30 effective on July 1, 2003.

309-31 Sec. 111. 1. Section 8 of chapter 654, Statutes of Nevada 1997, at

309-32 page 3242, is hereby amended to read as follows:

309-33 Sec. 8. NRS 209.392 is hereby amended to read as follows:

309-34 209.392 1. Except as otherwise provided in section 1 of [this

309-35 act] Assembly Bill No. 298 of this session and NRS 209.429, the

309-36 director may, at the request of an offender who is eligible for

309-37 residential confinement pursuant to the standards adopted by the

309-38 director pursuant to subsection 3 and who has:

309-39 (a) Established a position of employment in the community;

309-40 (b) Enrolled in a program for education or rehabilitation; or

310-1 (c) Demonstrated an ability to pay for all or part of the costs of

310-2 his confinement and to meet any existing obligation for restitution

310-3 to any victim of his crime,

310-4 assign the offender to the custody of the division of parole and

310-5 probation of the department of motor vehicles and public safety to

310-6 serve a term of residential confinement, pursuant to NRS 213.380,

310-7 for not longer than the remainder of his sentence.

310-8 2. Upon receiving a request to serve a term of residential

310-9 confinement from an eligible offender, the director shall notify the

310-10 division of parole and probation. If any victim of a crime committed

310-11 by the offender has, pursuant to subsection 3 of NRS 213.130,

310-12 requested to be notified of an application for parole and has

310-13 provided a current address, the division of parole and probation

310-14 shall notify the victim of the offender’s request and advise the

310-15 victim that he may submit documents regarding the request to the

310-16 division of parole and probation. If a current address has not been

310-17 provided as required by subsection 3 of NRS 213.130, the division

310-18 of parole and probation must not be held responsible if such

310-19 notification is not received by the victim. All personal information,

310-20 including, but not limited to, a current or former address, which

310-21 pertains to a victim and which is received by the division of parole

310-22 and probation pursuant to this subsection is confidential.

310-23 3. The director, after consulting with the division of parole and

310-24 probation, shall adopt, by regulation, standards providing which

310-25 offenders are eligible for residential confinement. The standards

310-26 adopted by the director must provide that an offender who:

310-27 (a) Is not eligible for parole or release from prison within a

310-28 reasonable period;

310-29 (b) Has recently committed a serious infraction of the rules of an

310-30 institution or facility of the department;

310-31 (c) Has not performed the duties assigned to him in a faithful and

310-32 orderly manner;

310-33 (d) Has ever been convicted of:

310-34 (1) Any crime involving the use or threatened use of force or

310-35 violence against the victim; or

310-36 (2) A sexual offense;

310-37 (e) Has more than one prior conviction for any felony in this

310-38 state or any offense in another state that would be a felony if

310-39 committed in this state, not including a violation of NRS 484.3792

310-40 or 484.3795;

311-1 (f) Has escaped or attempted to escape from any jail or

311-2 correctional institution for adults; or

311-3 (g) Has not made an effort in good faith to participate in or to

311-4 complete any educational or vocational program or any program of

311-5 treatment, as ordered by the director,

311-6 is not eligible for assignment to the custody of the division of parole

311-7 and probation to serve a term of residential confinement pursuant to

311-8 this section.

311-9 4. If an offender assigned to the custody of the division of

311-10 parole and probation pursuant to this section escapes or violates any

311-11 of the terms or conditions of his residential confinement:

311-12 (a) The division of parole and probation may, pursuant to the

311-13 procedure set forth in NRS 213.410, return the offender to the

311-14 custody of the department.

311-15 (b) The offender forfeits all or part of the credits for good

311-16 behavior earned by him before the escape or violation, as

311-17 determined by the director. The director may provide for a

311-18 forfeiture of credits pursuant to this paragraph only after proof of

311-19 the offense and notice to the offender, and may restore credits

311-20 forfeited for such reasons as he considers proper. The decision of

311-21 the director regarding such a forfeiture is final.

311-22 5. The assignment of an offender to the custody of the division

311-23 of parole and probation pursuant to this section shall be deemed:

311-24 (a) A continuation of his imprisonment and not a release on

311-25 parole; and

311-26 (b) For the purposes of NRS 209.341, an assignment to a facility

311-27 of the department,

311-28 except that the offender is not entitled to obtain any benefits or to

311-29 participate in any programs provided to offenders in the custody of

311-30 the department.

311-31 6. An offender does not have a right to be assigned to the

311-32 custody of the division of parole and probation pursuant to this

311-33 section, or to remain in that custody after such an assignment, and it

311-34 is not intended that the provisions of this section or of NRS 213.371

311-35 to 213.410, inclusive, create any right or interest in liberty or

311-36 property or establish a basis for any cause of action against the

311-37 state, its political subdivisions, agencies, boards, commissions,

311-38 departments, officers or employees.

312-1 2. Chapter 654, Statutes of Nevada 1997, at page 3246, is hereby

312-2 amended by adding thereto a new section to be designated as section 13.5,

312-3 immediately following section 13, to read as follows:

312-4 Sec. 13.5. Section 1 of chapter 508, Statutes of Nevada 1997,

312-5 at page 2410, is hereby amended to read as follows:

312-6 Section 1. Chapter 209 of NRS is hereby amended by

312-7 adding thereto a new section to read as follows:

312-8 1. Except as otherwise provided in subsection 6, the director

312-9 may assign an offender to the custody of the division of parole

312-10 and probation of the department of motor vehicles and public

312-11 safety to serve a term of residential confinement pursuant to NRS

312-12 213.380, for not longer than the remainder of his sentence, if:

312-13 (a) The director has reason to believe that the offender is:

312-14 (1) Physically incapacitated to such a degree that he does

312-15 not presently, and likely will not in the future, pose a threat to the

312-16 safety of the public; or

312-17 (2) In ill health and expected to die within 12 months, and

312-18 does not presently, and likely will not in the future, pose a threat

312-19 to the safety of the public; and

312-20 (b) At least two physicians licensed pursuant to chapter 630 of

312-21 NRS, one of whom is not employed by the department, verify, in

312-22 writing, that the offender is:

312-23 (1) Physically incapacitated; or

312-24 (2) In ill health and expected to die within 12 months.

312-25 2. If the director intends to assign an offender to the custody

312-26 of the division of parole and probation pursuant to this section, at

312-27 least 45 days before the date the offender is expected to be

312-28 released from the custody of the department, the director shall

312-29 notify:

312-30 (a) If the offender will reside within this state after he is

312-31 released from the custody of the department, the board of county

312-32 commissioners of the county in which the offender will reside;

312-33 and

312-34 (b) The division of parole and probation.

312-35 3. If any victim of a crime committed by the offender has,

312-36 pursuant to subsection 3 of NRS 213.130, requested to be

312-37 notified of an application for parole and has provided a current

312-38 address, the division of parole and probation shall notify the

312-39 victim that:

312-40 (a) The director intends to assign the offender to the custody

312-41 of the division of parole and probation pursuant to this section;

312-42 and

313-1 (b) The victim may submit documents to the division of parole

313-2 and probation regarding such an assignment.

313-3 If a current address has not been provided by a victim as required

313-4 by subsection 3 of NRS 213.130, the division of parole and

313-5 probation must not be held responsible if notification is not

313-6 received by the victim. All personal information, including, but

313-7 not limited to, a current or former address, which pertains to a

313-8 victim and which is received by the division of parole and

313-9 probation pursuant to this subsection is confidential.

313-10 4. If an offender assigned to the custody of the division of

313-11 parole and probation pursuant to this section escapes or violates

313-12 any of the terms or conditions of his residential confinement:

313-13 (a) The division of parole and probation may, pursuant to the

313-14 procedure set forth in NRS 213.410, return the offender to the

313-15 custody of the department.

313-16 (b) The offender forfeits all or part of the credits for good

313-17 behavior earned by him before the escape or violation, as

313-18 determined by the director. The director may provide for a

313-19 forfeiture of credits pursuant to this paragraph only after proof of

313-20 the offense and notice to the offender, and may restore credits

313-21 forfeited for such reasons as he considers proper. The decision of

313-22 the director regarding such a forfeiture is final.

313-23 5. The assignment of an offender to the custody of the

313-24 division of parole and probation pursuant to this section shall be

313-25 deemed:

313-26 (a) A continuation of his imprisonment and not a release on

313-27 parole; and

313-28 (b) For the purposes of NRS 209.341, an assignment to a

313-29 facility of the department,

313-30 except that the offender is not entitled to obtain any benefits or to

313-31 participate in any programs provided to offenders in the custody

313-32 of the department.

313-33 6. The director may not assign an offender to the custody of

313-34 the division of parole and probation pursuant to this section if the

313-35 offender is sentenced to death or imprisonment for life without

313-36 the possibility of parole.

313-37 7. An offender does not have a right to be assigned to the

313-38 custody of the division of parole and probation pursuant to this

313-39 section, or to remain in that custody after such an assignment,

313-40 and it is not intended that the provisions of this section or of NRS

313-41 213.371 to 213.410, inclusive, create any right or interest in

313-42 liberty or property or establish a basis for any cause of action

314-1 against the state, its political subdivisions, agencies, boards,

314-2 commissions, departments, officers or employees.

314-3 Sec. 112. Section 13 of chapter 655, Statutes of Nevada 1997, at page

314-4 3252, is hereby amended to read as follows:

314-5 Sec. 13. Chapter 378 of NRS is hereby amended by adding

314-6 thereto a new section to read as follows:

314-7 1. The state librarian shall establish a program to provide

314-8 grants of money to the public libraries of this state for the

314-9 purchase or acquisition of books, library materials and computer

314-10 data bases. The money must be provided by legislative

314-11 appropriation, accounted for separately and administered by the

314-12 state librarian.

314-13 2. The state librarian shall, within the limits of legislative

314-14 appropriation, provide such grants based on the following:

314-15 (a) If the requesting library has a budget for materials which is

314-16 $10,000 or less, the requesting library is eligible to receive a base

314-17 grant of $1,000, plus a matching grant in an amount that is not

314-18 more than 75 percent of its budget for materials.

314-19 (b) If the requesting library has a budget for materials which is

314-20 more than $10,000 but less than $75,000, the requesting library is

314-21 eligible to receive a base grant of $5,000, plus a matching grant

314-22 in an amount that is not more than 50 percent of its budget for

314-23 materials.

314-24 (c) If the requesting library has a budget for materials which is

314-25 $75,000 or more but less than $150,000, the requesting library is

314-26 eligible to receive a base grant of $10,000, plus a matching grant

314-27 in an amount that is not more than 33 1/3 percent of its budget

314-28 for materials.

314-29 (d) If the requesting library has a budget for materials which is

314-30 $150,000 or more but less than $500,000, the requesting library is

314-31 eligible to receive a base grant of $15,000, plus a matching grant

314-32 in an amount that is not more than 25 percent of its budget for

314-33 materials.

314-34 (e) If the requesting library has a budget for materials which is

314-35 $500,000 or more, the requesting library is eligible to receive a

314-36 base grant of $25,000, plus a matching grant in the first year it

314-37 receives a grant pursuant to this paragraph in an amount that is

314-38 not more than 10 percent of its budget for materials. The amount

314-39 of the matching grant provided in any year may be increased by

314-40 10 percent in each succeeding year, except that in no event may

314-41 the matching grant provided in any year exceed 25 percent of the

314-42 library’s budget for materials in that year.

315-1 3. The state librarian shall adopt such regulations as are

315-2 necessary to:

315-3 (a) Establish a procedure pursuant to which a public library

315-4 may apply to receive a grant pursuant to this section;

315-5 (b) Determine the eligibility of a public library to receive such

315-6 a grant; and

315-7 (c) Determine the exact amount of a grant to be awarded to a

315-8 public library.

315-9 4. Money granted pursuant to this section must not supplant

315-10 or cause to be reduced any other source of funding for a public

315-11 library and must be used exclusively by the public library to

315-12 purchase or acquire books, library materials and computer data

315-13 bases.

315-14 5. For the purposes of this section, "public library" does not

315-15 include a library operated within the University and Community

315-16 College System of Nevada.

315-17 Sec. 113. Sections 32 and 38 of chapter 660, Statutes of Nevada 1997,

315-18 at pages 3299 and 3304, respectively, are hereby amended to read

315-19 respectively as follows:

315-20 Sec. 32. NRS 482.181 is hereby amended to read as follows:

315-21 482.181 1. Except as otherwise provided in subsection 4, the

315-22 department shall certify monthly to the state board of examiners the

315-23 amount of the basic and supplemental privilege taxes collected for

315-24 each county by the department and its agents during the preceding

315-25 month, and that money must be distributed monthly as provided in

315-26 this section.

315-27 2. Any supplemental privilege tax collected for a county must

315-28 be distributed only to the county, to be used as provided in NRS

315-29 371.045 and 371.047.

315-30 3. The distribution of the basic privilege tax within a county

315-31 must be made to local governments, [as defined in NRS 354.474,

315-32 except redevelopment agencies,] special districts and enterprise

315-33 districts pursuant to the provisions of sections 10 and 11 of this

315-34 act. The distribution of the basic privilege tax must be made to the

315-35 county school district within the county before the distribution of

315-36 the basic privilege tax pursuant to the provisions of sections 10

315-37 and 11 of this act and in the same ratio as all property taxes were

315-38 levied in the county in the previous fiscal year, but the State of

315-39 Nevada is not entitled to share in that distribution . [and at least 5

315-40 percent of the basic privilege tax disbursed to a county must be

315-41 deposited for credit to the county’s general fund. The 5 percent

315-42 must be calculated in the same manner as the commission calculated

315-43 for the department of motor vehicles and public safety.] For the

316-1 purpose of [this subsection,] calculating the amount of basic

316-2 privilege tax to be distributed to the county school district, the

316-3 taxes levied by each local government , special district and

316-4 enterprise district are the product of its certified valuation,

316-5 determined pursuant to subsection 2 of NRS 361.405, and its tax

316-6 rate, established pursuant to NRS 361.455 for the fiscal year

316-7 beginning on July 1, 1980, except that the tax rate for school

316-8 districts, including the rate attributable to a district’s debt service, is

316-9 the rate established pursuant to NRS 361.455 for the fiscal year

316-10 beginning on July 1, 1978, but if the rate attributable to a district’s

316-11 debt service in any fiscal year is greater than its rate for the fiscal

316-12 year beginning on July 1, 1978, the higher rate must be used to

316-13 determine the amount attributable to debt service.

316-14 4. An amount equal to any basic privilege tax distributed to a

316-15 redevelopment agency in the fiscal year 1987-1988 must continue

316-16 to be distributed to that agency or area as long as it exists but must

316-17 not be increased.

316-18 5. [Local governments, other than incorporated cities, are

316-19 entitled to receive no distribution of basic privilege tax if the

316-20 distribution to the local government is less than $100. Any

316-21 undistributed money accrues to the county general fund of the

316-22 county in which the local government is located.

316-23 6.] The department shall make distributions of basic privilege

316-24 tax directly to [counties,] county school districts . [and incorporated

316-25 cities. Distributions for other local governments within a county

316-26 must be paid to the counties for distribution to the other local

316-27 governments.]

316-28 6. As used in this section:

316-29 (a) "Enterprise district" has the meaning ascribed to it in

316-30 section 4 of this act.

316-31 (b) "Local government" has the meaning ascribed to it in

316-32 section 6 of this act.

316-33 (c) "Special district" has the meaning ascribed to it in section

316-34 7 of this act.

316-35 Sec. 38. 1. This section and sections 1 to 7, inclusive, 12,

316-36 12.5, 13 and 37 of this act become effective upon passage and

316-37 approval.

316-38 2. Sections 8 to 11, inclusive, and 14 to [36,] 35, inclusive, of

316-39 this act become effective on July 1, 1998.

317-1 Sec. 114. Section 3 of chapter 666, Statutes of Nevada 1997, at page

317-2 3327, is hereby amended to read as follows:

317-3 Sec. 3. NRS 281.511 is hereby amended to read as follows:

317-4 281.511 1. The commission shall render an opinion

317-5 interpreting the statutory ethical standards and apply the standards

317-6 to a given set of facts and circumstances [,] upon request [,] from a

317-7 public officer or employee who is seeking guidance on questions

317-8 which directly relate to the propriety of his own past, present or

317-9 future conduct as an officer or employee. He may also request the

317-10 commission to hold a public hearing regarding the requested

317-11 opinion. If a requested opinion relates to the propriety of his own

317-12 present or future conduct, the opinion of the commission is:

317-13 (a) Binding upon the requester as to his future conduct; and

317-14 (b) Final and subject to judicial review pursuant to NRS

317-15 233B.130, except that [any] a proceeding regarding this review

317-16 must be held in closed court without admittance of [any person]

317-17 persons other than those necessary to the proceeding, unless this

317-18 right to confidential proceedings is waived by the requester.

317-19 2. The commission may render an opinion interpreting the

317-20 statutory ethical standards and apply the standards to a given set of

317-21 facts and circumstances:

317-22 (a) Upon request from a specialized or local ethics committee .

317-23 [;]

317-24 (b) Upon request from [any] a person, if the requester [submits]

317-25 :

317-26 (1) Submits all related evidence deemed necessary by the

317-27 commission for it to make a preliminary determination of whether

317-28 [it desires to take jurisdiction over the matter; or] there is just and

317-29 sufficient cause to render an opinion in the matter; and

317-30 (2) Signs a statement on a form prescribed by the

317-31 commission in which he affirms that:

317-32 (I) The accusation or information contained in the

317-33 request is true;

317-34 (II) He did not submit the request in bad faith or with a

317-35 vexatious purpose; and

317-36 (III) He understands that the commission may impose

317-37 penalties upon him pursuant to NRS 281.551 if the commission

317-38 determines that the accusation or information is false and was

317-39 submitted in bad faith, with a vexatious purpose or in connection

317-40 with a request for an opinion that the commission determines to

317-41 be without merit.

317-42 (c) Upon the commission’s own motion regarding the propriety

317-43 of conduct by a public officer or employee, if the commission first

318-1 determines in an adopted motion that there is just and sufficient

318-2 cause to render an opinion concerning the conduct of that public

318-3 officer or employee . [,

318-4 on the condition that any public officer or employee about whom an

318-5 opinion is requested or authorized must be notified immediately by

318-6 certified mail that an opinion has been requested or authorized and

318-7 that he has a right to appear before the commission and present

318-8 evidence and argument.] The commission shall not [issue an

318-9 opinion nor determine] initiate proceedings pursuant to this

318-10 paragraph based solely upon an anonymous complaint.

318-11 Proceedings that the commission initiates pursuant to this

318-12 paragraph must remain confidential unless the commission

318-13 determines that there is just and sufficient cause to render an

318-14 opinion.

318-15 The commission shall not determine that there is just and

318-16 sufficient cause [exists] to render an opinion without extending the

318-17 public officer or employee an opportunity to appear before the

318-18 commission and present evidence and argument.

318-19 3. The commission shall render [the] an opinion requested

318-20 pursuant to this section as expeditiously as possible in light of the

318-21 circumstances of the public officer or employee about whom the

318-22 opinion is requested, so as to minimize [any] adverse consequences

318-23 to him that may result from [any] a delay in issuing the opinion.

318-24 4. Each request for an opinion [submitted] that a public officer

318-25 or employee submits to the commission pursuant to subsection 1

318-26 [or 2, each such] , each opinion rendered by the commission in

318-27 response to such a request and any motion, preliminary

318-28 determination, evidence or record of a hearing relating to such a

318-29 request are confidential unless [:

318-30 (a) It is an opinion requested pursuant to subsection 1 and] the

318-31 public officer or employee who requested the opinion:

318-32 [(1)] (a) Acts in contravention of the opinion, in which case

318-33 the commission may disclose the request for the opinion, the

318-34 contents of the opinion and any motion, evidence or record of a

318-35 hearing related thereto;

318-36 [(2)] (b) Discloses the request for the opinion, the contents of

318-37 the opinion or any motion, evidence or record of a hearing related

318-38 thereto; or

318-39 [(3)] (c) Requests the commission to disclose the request for

318-40 the opinion, the contents of the opinion or any motion, evidence or

318-41 record of a hearing related thereto . [; or

318-42 (b) It is an opinion requested pursuant to subsection 2 regarding

318-43 the past conduct of a public officer or employee and:

319-1 (1) The commission determines pursuant to subsection 2 that

319-2 there is just and sufficient cause to render an opinion, in which case

319-3 the commission may open the proceedings to the public and

319-4 disclose the request for the opinion, the contents of the opinion and

319-5 any motion, preliminary determination, evidence or record of a

319-6 hearing related thereto;

319-7 (2) The commission determines that there is insufficient basis

319-8 to render an opinion and the person about whom the opinion was

319-9 requested has asked the commission to make public the reasons for

319-10 not rendering the opinion; or

319-11 (3) The person about whom the opinion was requested

319-12 discloses the request for the opinion, the contents of the opinion, or

319-13 any motion, preliminary determination, evidence or record of a

319-14 hearing related thereto.

319-15 5. If an opinion is requested and a motion that there is just and

319-16 sufficient cause to render an opinion has been adopted by the

319-17 commission,]

319-18 5. Except as otherwise provided in this subsection, each

319-19 document in the possession of the commission that is related to a

319-20 request for an opinion regarding a public officer or employee

319-21 submitted to the commission pursuant to paragraph (b) of

319-22 subsection 2, including the commission’s copy of the request and

319-23 all materials and information gathered in an investigation of the

319-24 request, is confidential until the commission determines whether

319-25 there is just and sufficient cause to render an opinion in the

319-26 matter. The public officer or employee who is the subject of a

319-27 request for an opinion submitted pursuant to paragraph (b) of

319-28 subsection 2 may in writing authorize the commission to make its

319-29 files, material and information which are related to the request

319-30 publicly available.

319-31 6. Whenever the commission holds a hearing for a purpose

319-32 other than to determine whether there is just and sufficient cause

319-33 to render an opinion in a matter, the commission shall:

319-34 (a) Notify the person about whom the opinion was requested of

319-35 the place and time of the commission’s hearing on the matter;

319-36 (b) Allow [him] the person to be represented by counsel; and

319-37 (c) Allow [him] the person to hear the evidence presented to the

319-38 commission and to respond and present evidence on his own behalf.

319-39 The commission’s hearing may be held no sooner than 2 weeks

319-40 after the notice is given [.

319-41 6. If any person requesting] unless the person agrees to a

319-42 shorter time.

320-1 7. If a person who requests an opinion pursuant to subsection

320-2 1 or 2 does not:

320-3 (a) Submit all necessary information to the commission; and

320-4 (b) Declare by oath or affirmation that he will testify truthfully,

320-5 the commission may decline to render an opinion.

320-6 [7.] 8. For the purposes of NRS 41.032, the members of the

320-7 commission and its employees shall be deemed to be exercising or

320-8 performing a discretionary function or duty when taking [any] an

320-9 action related to the rendering of an opinion pursuant to this section.

320-10 [8. Except as otherwise provided in this subsection, the]

320-11 9. The commission shall publish hypothetical opinions which

320-12 are abstracted from the opinions rendered pursuant to subsection 1 ,

320-13 [or 2,] for the future guidance of all persons concerned with ethical

320-14 standards in government. [The commission need not publish a

320-15 hypothetical opinion regarding issues covered by an opinion which

320-16 was made public in accordance with subsection 4.

320-17 9.] 10. A meeting or hearing [held by] that the commission

320-18 holds to receive information or evidence concerning the propriety

320-19 of the conduct of [any] a public officer or employee pursuant to this

320-20 section and the commission’s deliberations on [the] such

320-21 information or evidence are not subject to [any provision] the

320-22 provisions of chapter 241 of NRS.

320-23 Sec. 115. Section 2 of chapter 673, Statutes of Nevada 1997, at page

320-24 3346, is hereby amended to read as follows:

320-25 Sec. 2. NRS 361.835 is hereby amended to read as follows:

320-26 361.835 1. A senior citizen who has rented and maintained

320-27 his primary residence in a home or on a lot since July 1 of the

320-28 preceding calendar year and whose household income is [not more

320-29 than $19,100] within one of the income ranges for which

320-30 assistance is provided in NRS 361.833 is entitled to a refund as

320-31 determined in accordance with the schedule [in NRS 361.833.] of

320-32 income ranges as adjusted pursuant to that section.

320-33 2. The amount of the refund provided pursuant to subsection 1

320-34 must not exceed an amount equal to that portion of the rent which is

320-35 rent deemed to constitute accrued property tax, even if the rental

320-36 property is exempt from property tax.

320-37 Sec. 116. 1. Sections 3, 6, 7, 10, 12 and 15 of chapter 678, Statutes

320-38 of Nevada 1997, at pages 3357, 3360, 3361, 3362, 3363 and 3364,

320-39 respectively, are hereby amended to read respectively as follows:

320-40 Sec. 3. NRS 178.484 is hereby amended to read as follows:

320-41 178.484 1. Except as otherwise provided in this section, a

320-42 person arrested for an offense other than murder of the first degree

320-43 must be admitted to bail.

321-1 2. A person arrested for a felony who has been released on

321-2 probation or parole for a different offense must not be admitted to

321-3 bail unless:

321-4 (a) A court issues an order directing that the person be admitted

321-5 to bail;

321-6 (b) The state board of parole commissioners directs the detention

321-7 facility to admit the person to bail; or

321-8 (c) The division of parole and probation of the department of

321-9 motor vehicles and public safety directs the detention facility to

321-10 admit the person to bail.

321-11 3. A person arrested for a felony whose sentence has been

321-12 suspended pursuant to NRS 4.373 or 5.055 for a different offense or

321-13 who has been sentenced to a term of residential confinement

321-14 pursuant to NRS 4.3762 or 5.076 for a different offense must not be

321-15 admitted to bail unless:

321-16 (a) A court issues an order directing that the person be admitted

321-17 to bail; or

321-18 (b) A department of alternative sentencing directs the detention

321-19 facility to admit the person to bail.

321-20 4. A person arrested for murder of the first degree may be

321-21 admitted to bail unless the proof is evident or the presumption great

321-22 by any competent court or magistrate authorized by law to do so in

321-23 the exercise of discretion, giving due weight to the evidence and to

321-24 the nature and circumstances of the offense.

321-25 5. A person arrested for a battery upon his spouse, former

321-26 spouse, a person to whom he is related by blood, a person with

321-27 whom he is or was actually residing or with whom he has a child in

321-28 common, his minor child or a minor child of that person, must not

321-29 be admitted to bail sooner than 12 hours after his arrest. If the

321-30 person is admitted to bail more than 12 hours after his arrest,

321-31 pursuant to subsection 5 of NRS 171.178, without appearing

321-32 personally before a magistrate, the amount of bail must be:

321-33 (a) Three thousand dollars, if the person has no previous

321-34 convictions of battery upon a person listed in this subsection and

321-35 there is no reason to believe that the battery for which he has

321-36 been arrested resulted in substantial bodily harm;

321-37 (b) Five thousand dollars, if the person has:

321-38 (1) No previous convictions of battery upon a person listed

321-39 in this subsection, but there is reason to believe that the battery

321-40 for which he has been arrested resulted in substantial bodily

321-41 harm; or

321-42 (2) One previous conviction of battery upon a person listed

321-43 in this subsection, but there is no reason to believe that the battery

322-1 for which he has been arrested resulted in substantial bodily

322-2 harm; or

322-3 (c) Fifteen thousand dollars, if the person has:

322-4 (1) One previous conviction of battery upon a person listed

322-5 in this subsection and there is reason to believe that the battery

322-6 for which he has been arrested resulted in substantial bodily

322-7 harm; or

322-8 (2) Two or more previous convictions of battery upon one or

322-9 more persons listed in this subsection.

322-10 The provisions of this subsection do not affect the authority of a

322-11 magistrate or a court to set the amount of bail when the person

322-12 personally appears before the magistrate or the court.

322-13 6. The court may, before releasing a person arrested for an

322-14 offense punishable as a felony, require the surrender to the court of

322-15 any passport the person possesses.

322-16 7. Before releasing a person arrested for any crime, the court

322-17 may impose such reasonable conditions on the person as it deems

322-18 necessary to protect the health, safety and welfare of the

322-19 community and to ensure that the person will appear at all times

322-20 and places ordered by the court, including, without limitation:

322-21 (a) Requiring the person to remain in this state or a certain

322-22 county within this state;

322-23 (b) Prohibiting the person from contacting or attempting to

322-24 contact a specific person or from causing or attempting to cause

322-25 another person to contact that person on his behalf;

322-26 (c) Prohibiting the person from entering a certain geographic

322-27 area; or

322-28 (d) Prohibiting the person from engaging in specific conduct

322-29 that may be harmful to his own health, safety or welfare, or the

322-30 health, safety or welfare of another person.

322-31 In determining whether a condition is reasonable, the court shall

322-32 consider the factors listed in NRS 178.4853.

322-33 8. If a person fails to comply with a condition imposed

322-34 pursuant to subsection 7, the court may, after providing the

322-35 person with reasonable notice and an opportunity for a hearing:

322-36 (a) Deem such conduct a contempt pursuant to NRS 22.010;

322-37 or

322-38 (b) Increase the amount of bail pursuant to NRS 178.499.

322-39 9. An order issued pursuant to this section that imposes a

322-40 condition on a person admitted to bail must include a provision

322-41 ordering any law enforcement officer to arrest the person if he

322-42 has probable cause to believe that the person has violated a

322-43 condition of his bail.

323-1 10. Before a person may be admitted to bail, he must sign a

323-2 document stating that:

323-3 (a) He will appear at all times and places as ordered by the court

323-4 releasing him and as ordered by any court before which the charge

323-5 is subsequently heard;

323-6 (b) He will comply with the other conditions which have been

323-7 imposed by the court and are stated in the document; and

323-8 (c) If he fails to appear when so ordered and is taken into

323-9 custody outside of this state, he waives all his rights relating to

323-10 extradition proceedings.

323-11 The signed document must be filed with the clerk of the court of

323-12 competent jurisdiction as soon as practicable, but in no event later

323-13 than the next business day.

323-14 11. If a person admitted to bail fails to appear as ordered by a

323-15 court and the jurisdiction incurs any cost in returning the person

323-16 to the jurisdiction to stand trial, the person who failed to appear is

323-17 responsible for paying those costs as restitution.

323-18 Sec. 6. NRS 4.3762 is hereby amended to read as follows:

323-19 4.3762 1. Except as otherwise provided in subsection 6, in

323-20 lieu of imposing any punishment other than a minimum sentence

323-21 mandated by statute, a justice of the peace may sentence a person

323-22 convicted of a misdemeanor to a term of residential confinement. In

323-23 making this determination, the justice of the peace shall consider

323-24 the criminal record of the convicted person and the seriousness of

323-25 the crime committed.

323-26 2. In sentencing a convicted person to a term of residential

323-27 confinement, the justice of the peace shall:

323-28 (a) Require the convicted person to be confined to his residence

323-29 during the time he is away from his employment, public service or

323-30 other activity authorized by the justice of the peace; and

323-31 (b) Require intensive supervision of the convicted person,

323-32 including, without limitation, electronic surveillance and

323-33 unannounced visits to his residence or other locations where he is

323-34 expected to be to determine whether he is complying with the terms

323-35 of his sentence.

323-36 3. In sentencing a convicted person to a term of residential

323-37 confinement, the justice of the peace may, when the circumstances

323-38 warrant, require the convicted person to submit to:

323-39 (a) A search and seizure by the chief of a department of

323-40 alternative sentencing, an assistant alternative sentencing officer or

323-41 any other law enforcement officer at any time of the day or night

323-42 without a search warrant; and

324-1 (b) Periodic tests to determine whether the offender is using a

324-2 controlled substance or consuming alcohol.

324-3 4. An electronic device [approved by the division of parole and

324-4 probation of the department of motor vehicles and public safety]

324-5 may be used to supervise a convicted person sentenced to a term of

324-6 residential confinement. The device must be minimally intrusive

324-7 and limited in capability to recording or transmitting information

324-8 concerning the presence of the person at his residence, including,

324-9 but not limited to, the transmission of still visual images which do

324-10 not concern the activities of the person while inside his residence. A

324-11 device which is capable of recording or transmitting:

324-12 (a) Oral or wire communications or any auditory sound; or

324-13 (b) Information concerning the activities of the person while

324-14 inside his residence,

324-15 must not be used.

324-16 5. A term of residential confinement, together with the term of

324-17 any minimum sentence mandated by statute, may not exceed the

324-18 maximum sentence which otherwise could have been imposed for

324-19 the offense.

324-20 6. The justice of the peace shall not sentence a person

324-21 convicted of committing a battery which constitutes domestic

324-22 violence pursuant to NRS 33.018 to a term of residential

324-23 confinement in lieu of imprisonment unless the justice of the peace

324-24 makes a finding that the person is not likely to pose a threat to the

324-25 victim of the battery.

324-26 7. The justice of the peace may issue a warrant for the arrest of

324-27 a convicted person who violates or fails to fulfill a condition of

324-28 residential confinement.

324-29 Sec. 7. NRS 5.076 is hereby amended to read as follows:

324-30 5.076 1. Except as otherwise provided in subsection 6, in lieu

324-31 of imposing any punishment other than a minimum sentence

324-32 mandated by statute, a municipal judge may sentence a person

324-33 convicted of a misdemeanor to a term of residential confinement. In

324-34 making this determination, the municipal judge shall consider the

324-35 criminal record of the convicted person and the seriousness of the

324-36 crime committed.

324-37 2. In sentencing a convicted person to a term of residential

324-38 confinement, the municipal judge shall:

324-39 (a) Require the convicted person to be confined to his residence

324-40 during the time he is away from his employment, public service or

324-41 other activity authorized by the municipal judge; and

324-42 (b) Require intensive supervision of the convicted person,

324-43 including, without limitation, electronic surveillance and

325-1 unannounced visits to his residence or other locations where he is

325-2 expected to be in order to determine whether he is complying with

325-3 the terms of his sentence.

325-4 3. In sentencing a convicted person to a term of residential

325-5 confinement, the municipal judge may, when the circumstances

325-6 warrant, require the convicted person to submit to:

325-7 (a) A search and seizure by the chief of a department of

325-8 alternative sentencing, an assistant alternative sentencing officer or

325-9 any other law enforcement officer at any time of the day or night

325-10 without a search warrant; and

325-11 (b) Periodic tests to determine whether the offender is using a

325-12 controlled substance or consuming alcohol.

325-13 4. An electronic device [approved by the division of parole and

325-14 probation of the department of motor vehicles and public safety]

325-15 may be used to supervise a convicted person sentenced to a term of

325-16 residential confinement. The device must be minimally intrusive

325-17 and limited in capability to recording or transmitting information

325-18 concerning the presence of the person at his residence, including,

325-19 but not limited to, the transmission of still visual images which do

325-20 not concern the activities of the person while inside his residence. A

325-21 device which is capable of recording or transmitting:

325-22 (a) Oral or wire communications or any auditory sound; or

325-23 (b) Information concerning the activities of the person while

325-24 inside his residence,

325-25 must not be used.

325-26 5. A term of residential confinement, together with the term of

325-27 any minimum sentence mandated by statute, may not exceed the

325-28 maximum sentence which otherwise could have been imposed for

325-29 the offense.

325-30 6. The municipal judge shall not sentence a person convicted of

325-31 committing a battery which constitutes domestic violence pursuant

325-32 to NRS 33.018 to a term of residential confinement in lieu of

325-33 imprisonment unless the municipal judge makes a finding that the

325-34 person is not likely to pose a threat to the victim of the battery.

325-35 7. The municipal judge may issue a warrant for the arrest of a

325-36 convicted person who violates or fails to fulfill a condition of

325-37 residential confinement.

325-38 Sec. 10. NRS 213.1076 is hereby amended to read as follows:

325-39 213.1076 1. The division shall:

325-40 (a) Except as otherwise provided in this section, charge each

325-41 parolee , [or] probationer or person supervised by the division

325-42 through residential confinement a fee to defray the cost of his

325-43 supervision.

326-1 (b) Adopt by regulation a schedule of fees to defray the costs of

326-2 supervision of a parolee [or probationer.] , probationer or person

326-3 supervised by the division through residential confinement. The

326-4 regulation must provide for a monthly fee of at least $30.

326-5 2. The chief may waive the fee to defray the cost of

326-6 supervision, in whole or in part, if he determines that payment of

326-7 the fee would create an economic hardship on the parolee [or

326-8 probationer.] , probationer or person supervised by the division

326-9 through residential confinement.

326-10 3. Unless waived pursuant to subsection 2, the payment by a

326-11 parolee , [or] probationer or person supervised by the division

326-12 through residential confinement of a fee charged pursuant to

326-13 subsection 1 is a condition of his parole [or probation.] , probation

326-14 or residential confinement.

326-15 Sec. 12. NRS 217.400 is hereby amended to read as follows:

326-16 217.400 As used in NRS 217.400 to 217.460, inclusive, [and]

326-17 sections 2 to 6, inclusive, of Senate Bill No. 155 of this session [,]

326-18 and section 11 of this act, unless the context otherwise requires:

326-19 1. "Dating relationship" means frequent, intimate associations

326-20 primarily characterized by the expectation of affectional or sexual

326-21 involvement. The term does not include a casual relationship or an

326-22 ordinary association between persons in a business or social

326-23 context.

326-24 2. "Division" means the division of child and family services of

326-25 the department of human resources.

326-26 3. "Domestic violence" means:

326-27 (a) The attempt to cause or the causing of bodily injury to a

326-28 family or household member or the placing of the member in fear of

326-29 imminent physical harm by threat of force.

326-30 (b) Any of the following acts committed by a person against a

326-31 family or household member, a person with whom he had or is

326-32 having a dating relationship or with whom he has a child in

326-33 common, or upon his minor child or a minor child of that person:

326-34 (1) A battery.

326-35 (2) An assault.

326-36 (3) Compelling the other by force or threat of force to perform

326-37 an act from which he has the right to refrain or to refrain from an

326-38 act which he has the right to perform.

326-39 (4) A sexual assault.

326-40 (5) A knowing, purposeful or reckless course of conduct

326-41 intended to harass the other. Such conduct may include, [but is not

326-42 limited to:] without limitation:

326-43 (I) Stalking.

327-1 (II) Arson.

327-2 (III) Trespassing.

327-3 (IV) Larceny.

327-4 (V) Destruction of private property.

327-5 (VI) Carrying a concealed weapon without a permit.

327-6 (6) False imprisonment.

327-7 (7) Unlawful entry of the other’s residence, or forcible entry

327-8 against the other’s will if there is a reasonably foreseeable risk of

327-9 harm to the other from the entry.

327-10 4. "Family or household member" means a spouse, a former

327-11 spouse, a parent or other adult person who is related by blood or

327-12 marriage or is or was actually residing with the person committing

327-13 the act of domestic violence.

327-14 5. "Participant" means an adult, child or incompetent person

327-15 for whom a fictitious address has been issued pursuant to sections 2

327-16 to 6, inclusive, of [this act.] Senate Bill No. 155 of this session.

327-17 6. "Victim of domestic violence" includes the dependent

327-18 children of the victim.

327-19 Sec. 15. [Section]

327-20 1. This section and section 12.3 of this act become effective

327-21 on September 30, 1997.

327-22 2. Sections 3 and 9 of this act [becomes] become effective at

327-23 12:01 a.m. on October 1, 1997.

327-24 3. Sections 6, 7 and 12 of this act become effective at 12:02

327-25 a.m. on October 1, 1997.

327-26 2. Chapter 678, Statutes of Nevada 1997, at page 3364, is hereby

327-27 amended by adding thereto new sections to be designated as sections 12.3

327-28 and 12.5, immediately following section 12, to read respectively as follows:

327-29 Sec. 12.3. Sections 4 and 8 of chapter 415, Statutes of Nevada

327-30 1997, at pages 1478 and 1481, respectively, are hereby amended to

327-31 read respectively as follows:

327-32 Sec. 4. NRS 5.076 is hereby amended to read as follows:

327-33 5.076 1. Except as otherwise provided in subsection [5,] 6,

327-34 in lieu of imposing any punishment other than a minimum

327-35 sentence mandated by statute, a municipal judge may sentence a

327-36 person convicted of a misdemeanor to a term of residential

327-37 confinement. In making this determination, the municipal judge

327-38 shall consider the criminal record of the [defendant] convicted

327-39 person and the seriousness of the crime committed.

327-40 2. In sentencing a convicted person to a term of residential

327-41 confinement, the municipal judge shall:

327-42 (a) Require the [defendant] convicted person to be confined

327-43 to his residence during the time he is away from his employment,

328-1 public service or other activity authorized by the municipal

328-2 judge; and

328-3 (b) Require intensive supervision of the convicted person,

328-4 including, without limitation, electronic surveillance and

328-5 unannounced visits to his residence or other locations where he is

328-6 expected to be in order to determine whether he is complying

328-7 with the terms of his sentence.

328-8 3. In sentencing a convicted person to a term of residential

328-9 confinement, the municipal judge may, when the

328-10 circumstances warrant, require the convicted person to submit

328-11 to:

328-12 (a) A search and seizure by the chief of a department of

328-13 alternative sentencing, an assistant alternative sentencing

328-14 officer or any other law enforcement officer at any time of the

328-15 day or night without a search warrant; and

328-16 (b) Periodic tests to determine whether the offender is using

328-17 a controlled substance or consuming alcohol.

328-18 4. An electronic device approved by the division of parole

328-19 and probation of the department of motor vehicles and public

328-20 safety may be used to supervise a convicted person sentenced to a

328-21 term of residential confinement. The device must be minimally

328-22 intrusive and limited in capability to recording or transmitting

328-23 information concerning the presence of the person at his

328-24 residence, including, but not limited to, the transmission of still

328-25 visual images which do not concern the activities of the person

328-26 while inside his residence. A device which is capable of

328-27 recording or transmitting:

328-28 (a) Oral or wire communications or any auditory sound; or

328-29 (b) Information concerning the activities of the person while

328-30 inside his residence,

328-31 must not be used.

328-32 [4.] 5. A term of residential confinement, together with the

328-33 term of any minimum sentence mandated by statute, may not

328-34 exceed the maximum sentence which otherwise could have been

328-35 imposed for the offense.

328-36 [5.] 6. The municipal judge shall not sentence a person

328-37 convicted of committing a battery which constitutes domestic

328-38 violence pursuant to NRS 33.018 to a term of residential

328-39 confinement in lieu of imprisonment unless the municipal judge

328-40 makes a finding that the person is not likely to pose a threat to the

328-41 victim of the battery.

329-1 7. The municipal judge may issue a warrant for the arrest

329-2 of a convicted person who violates or fails to fulfill a condition

329-3 of residential confinement.

329-4 Sec. 8. Sections 1 , [and] 3 and 4 of this act become

329-5 effective at 12:01 a.m. on October 1, 1997.

329-6 Sec. 12.5. Section 7 of chapter 476, Statutes of Nevada 1997,

329-7 at page 1805, is hereby amended to read as follows:

329-8 Sec. 7. NRS 4.3762 is hereby amended to read as follows:

329-9 4.3762 1. [In] Except as otherwise provided in subsection

329-10 6, in lieu of imposing any punishment other than a minimum

329-11 sentence mandated by statute, a justice of the peace may sentence

329-12 a person convicted of a misdemeanor to a term of residential

329-13 confinement. In making this determination, the justice of the

329-14 peace shall consider the criminal record of the convicted person

329-15 and the seriousness of the crime committed.

329-16 2. In sentencing a convicted person to a term of residential

329-17 confinement, the justice of the peace shall:

329-18 (a) Require the convicted person to be confined to his

329-19 residence during the time he is away from his employment,

329-20 public service or other activity authorized by the justice of the

329-21 peace; and

329-22 (b) Require intensive supervision of the convicted person,

329-23 including , without limitation, electronic surveillance and

329-24 unannounced visits to his residence or other locations where he is

329-25 expected to be to determine whether he is complying with the

329-26 terms of his sentence.

329-27 3. In sentencing a convicted person to a term of residential

329-28 confinement, the justice of the peace may, when the

329-29 circumstances warrant, require the convicted person to submit to:

329-30 (a) A search and seizure by the chief of a department of

329-31 alternative sentencing, an assistant alternative sentencing officer

329-32 or any other law enforcement officer at any time of the day or

329-33 night without a search warrant; and

329-34 (b) Periodic tests to determine whether the offender is using a

329-35 controlled substance or consuming alcohol.

329-36 4. An electronic device approved by the division of parole

329-37 and probation of the department of motor vehicles and public

329-38 safety may be used to supervise a convicted person sentenced to a

329-39 term of residential confinement. The device must be minimally

329-40 intrusive and limited in capability to recording or transmitting

329-41 information concerning the presence of the person at his

329-42 residence, including, but not limited to, the transmission of still

329-43 visual images which do not concern the activities of the person

330-1 while inside his residence. A device which is capable of

330-2 recording or transmitting:

330-3 (a) Oral or wire communications or any auditory sound; or

330-4 (b) Information concerning the activities of the person while

330-5 inside his residence,

330-6 must not be used.

330-7 5. A term of residential confinement, together with the term

330-8 of any minimum sentence mandated by statute, may not exceed

330-9 the maximum sentence which otherwise could have been imposed

330-10 for the offense.

330-11 6. The justice of the peace shall not sentence a person

330-12 convicted of committing a battery which constitutes domestic

330-13 violence pursuant to NRS 33.018 to a term of residential

330-14 confinement in lieu of imprisonment unless the justice of the

330-15 peace makes a finding that the person is not likely to pose a

330-16 threat to the victim of the battery.

330-17 7. The justice of the peace may issue a warrant for the arrest

330-18 of a convicted person who violates or fails to fulfill a condition of

330-19 residential confinement.

330-20 Sec. 117. 1. Section 1 of chapter 679, Statutes of Nevada 1997, at

330-21 page 3365, is hereby amended to read as follows:

330-22 Section 1. NRS 37.010 is hereby amended to read as follows:

330-23 37.010 Subject to the provisions of this chapter, the right of

330-24 eminent domain may be exercised in behalf of the following public

330-25 purposes:

330-26 1. Federal activities. All public purposes authorized by the

330-27 Government of the United States.

330-28 2. State activities. Public buildings and grounds for the use of

330-29 the state, the University and Community College System of Nevada

330-30 and all other public purposes authorized by the legislature.

330-31 3. County, city, town and school district activities. Public

330-32 buildings and grounds for the use of any county, incorporated city

330-33 or town, or school district, reservoirs, water rights, canals,

330-34 aqueducts, flumes, ditches or pipes for conducting water for the use

330-35 of the inhabitants of any county, incorporated city or town, for

330-36 draining any county, incorporated city or town, for raising the banks

330-37 of streams, removing obstructions therefrom, and widening,

330-38 deepening or straightening their channels, for roads, streets and

330-39 alleys, and all other public purposes for the benefit of any county,

330-40 incorporated city or town, or the inhabitants thereof.

330-41 4. Bridges, toll roads, railroads, street railways and similar

330-42 uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll

330-43 roads, byroads, plank and turnpike roads, roads for transportation

331-1 by traction engines or locomotives, roads for logging or lumbering

331-2 purposes, and railroads and street railways for public transportation.

331-3 5. Ditches, canals, aqueducts for smelting, domestic uses,

331-4 irrigation and reclamation. Reservoirs, dams, water gates, canals,

331-5 ditches, flumes, tunnels, aqueducts and pipes for supplying persons,

331-6 mines, mills, smelters or other works for the reduction of ores, with

331-7 water for domestic and other uses, for irrigating purposes, for

331-8 draining and reclaiming lands, or for floating logs and lumber on

331-9 streams not navigable.

331-10 6. Mining, smelting and related activities. Mining, smelting and

331-11 related activities as follows:

331-12 (a) Mining and related activities, which are recognized as the

331-13 paramount interest of this state.

331-14 (b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes ,

331-15 reservoirs, dams, water gates, canals, aqueducts and dumping

331-16 places to facilitate the milling, smelting or other reduction of ores,

331-17 [or] the working , reclamation or dewatering of mines, and for all

331-18 mining purposes, outlets, natural or otherwise, for the deposit or

331-19 conduct of tailings, refuse, or water from mills, smelters, or other

331-20 work for the reduction of ores from mines, mill dams, pipe lines,

331-21 tanks or reservoirs for natural gas or oil, an occupancy in common

331-22 by the owners or possessors of different mines, mills, smelters or

331-23 other places for the reduction of ores, or any place for the flow,

331-24 deposit or conduct of tailings or refuse matter and the necessary

331-25 land upon which to erect smelters and to operate them successfully,

331-26 including the deposit of fine flue dust, fumes and smoke.

331-27 7. Byroads. Byroads leading from highways to residences and

331-28 farms.

331-29 8. Public utilities. Lines for telegraph, telephone, electric light

331-30 and electric power and sites for plants for electric light and power.

331-31 9. Sewerage. Sewerage of any city, town, settlement of not less

331-32 than 10 families or any public building belonging to the state or

331-33 college or university.

331-34 10. Water for generation and transmission of electricity.

331-35 Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for

331-36 supplying and storing water for the operation of machinery to

331-37 generate and transmit electricity for power, light or heat.

331-38 11. Cemeteries, public parks. Cemeteries or public parks.

331-39 12. Pipe lines of beet sugar industry. Pipe lines to conduct any

331-40 liquids connected with the manufacture of beet sugar.

331-41 13. Pipe lines for petroleum products, natural gas. Pipe lines for

331-42 the transportation of crude petroleum, petroleum products or natural

331-43 gas, whether interstate or intrastate.

332-1 14. Aviation. Airports, facilities for air navigation and aerial

332-2 rights of way.

332-3 15. Monorails. Monorails and any other overhead or

332-4 underground system used for public transportation.

332-5 16. Community antenna television companies. Community

332-6 antenna television companies which have been granted a franchise

332-7 from the governing body of the jurisdictions in which they provide

332-8 services. The exercise of the power of eminent domain may include

332-9 the right to use the wires, conduits, cables or poles of any public

332-10 utility if:

332-11 (a) It creates no substantial detriment to the service provided by

332-12 the utility;

332-13 (b) It causes no irreparable injury to the utility; and

332-14 (c) The public utilities commission of Nevada, after giving

332-15 notice and affording a hearing to all persons affected by the

332-16 proposed use of the wires, conduits, cables or poles, has found that

332-17 it is in the public interest.

332-18 17. Redevelopment. The acquisition of property pursuant to

332-19 NRS 279.382 to 279.685, inclusive.

332-20 2. Chapter 679, Statutes of Nevada 1997, at page 3366, is hereby

332-21 amended by adding thereto a new section to be designated as section 2,

332-22 immediately following section 1, to read as follows:

332-23 Sec. 2. This act becomes effective at 12:01 a.m. on October 1,

332-24 1997.

332-25 Sec. 118. Section 15 of chapter 684, Statutes of Nevada 1997, at page

332-26 3398, is hereby amended to read as follows:

332-27 Sec. 15. NRS 366.203 is hereby amended to read as follows:

332-28 366.203 1. Special fuel , other than compressed natural gas,

332-29 liquefied petroleum gas or kerosene, which is exempt from the tax

332-30 pursuant to NRS 366.200 must be dyed before it is removed for

332-31 distribution from a rack. The dye added to the exempt special fuel

332-32 must be of the color and concentration required by the regulations

332-33 adopted by the Secretary of the Treasury pursuant to 26 U.S.C. §

332-34 4082.

332-35 2. Except as otherwise provided in subsection 3, a person shall

332-36 not operate or maintain on any highway in this state a motor vehicle

332-37 which contains in the fuel tank of that vehicle special fuel which has

332-38 been dyed.

332-39 3. A person who, pursuant to subsection 2, 3 or 4 of NRS

332-40 366.200 is exempt from the tax imposed by this chapter, may

332-41 operate or maintain a motor vehicle on a highway in this state which

332-42 contains in the fuel tank of that vehicle special fuel which has been

332-43 dyed.

333-1 4. There is a rebuttable presumption that all special fuel which

333-2 has not been dyed and which is sold or distributed in this state is for

333-3 the purpose of propelling a motor vehicle.

333-4 Sec. 119. 1. Sections 7, 22, 29, 34, 45, 47, 48, 55, 146, 149, 154,

333-5 158, 162, 165 and 174 of chapter 686, Statutes of Nevada 1997, at pages

333-6 3422, 3425, 3427, 3429, 3432, 3433, 3435, 3469, 3470, 3472, 3474, 3475,

333-7 3477 and 3482, are hereby amended to read respectively as follows:

333-8 Sec. 7. 1. Except as otherwise provided in section 8 of this

333-9 act, a name may not be printed on a ballot to be used at a primary

333-10 city election, unless the person named has filed a declaration of

333-11 candidacy or an acceptance of candidacy and paid the fee

333-12 established by the governing body of the city not earlier than 40

333-13 days before the primary city election and not later than 5 p.m. on

333-14 the 30th day before the primary city election.

333-15 2. A declaration of candidacy required to be filed by this

333-16 section must be in substantially the following form:

333-17 Declaration of Candidacy of ........ for the

333-18 Office of ................

333-19 State of Nevada [}]

333-20 [}ss.]

333-21 City of [}]

333-22 For the purpose of having my name placed on the official ballot as a

333-23 candidate for the office of................, I, the undersigned................,

333-24 do swear or affirm under penalty of perjury that I reside at

333-25 [No........., ........ Street,] ..................., in the City or Town

333-26 of................, County of.................., State of Nevada; that my actual

333-27 residence [therein] in the city, township or other area prescribed

333-28 by law to which the office pertains began on a date 30 days or

333-29 more before the date of the close of filing of declarations of

333-30 candidacy for this office; that if nominated as a candidate at the

333-31 ensuing election I will accept the nomination and not withdraw; that

333-32 I will not knowingly violate any election law or any law defining

333-33 and prohibiting corrupt and fraudulent practices in campaigns and

333-34 elections in this state; [and] that I will qualify for the office if

333-35 elected thereto [;] , including, but not limited to, complying with

333-36 any limitation prescribed by the constitution and laws of this state

333-37 concerning the numbers of years or terms for which a person may

333-38 hold the office; and my name will appear on all ballots as

333-39 designated in this declaration.

334-1

334-2 (Designation of name)

334-3

334-4 (Signature of candidate for office)

334-5 Subscribed and sworn to before

334-6 me this..... day of........, 19...

334-7

334-8 Notary Public or other person

334-9 authorized to administer an oath

334-10 3. A person may be a candidate under his given name and

334-11 surname, a contraction or familiar form of his given name followed

334-12 by his surname or the initial of his given name followed by his

334-13 surname. A nickname of not more than 10 letters may be

334-14 incorporated into a candidate’s name. The nickname must be in

334-15 quotation marks and appear immediately before the candidate’s

334-16 surname. A nickname must not indicate any political, economic,

334-17 social or religious view or affiliation and must not be the name of

334-18 any person, living or dead, whose reputation is known on a

334-19 statewide, nationwide or worldwide basis, or in any other manner

334-20 deceive a voter concerning the person or principles for which he is

334-21 voting.

334-22 4. The address of a candidate that must be included in the

334-23 declaration or acceptance of candidacy pursuant to subsection 2

334-24 must be the street address of the residence where he actually

334-25 resides, if one has been assigned. The declaration or acceptance of

334-26 candidacy must not be accepted for filing if the candidate’s address

334-27 is listed as a post office box unless a street address has not been

334-28 assigned to his residence.

334-29 Sec. 22. 1. The offices for which there are candidates, the

334-30 names of the candidates therefor and the questions to be voted upon

334-31 must be printed on ballots for a city election in the following order:

334-32 (a) City offices:

334-33 (1) Mayor;

334-34 (2) Councilmen according to ward in numerical order, if no

334-35 wards, in alphabetical order; and

334-36 (3) Municipal judges.

334-37 (b) Questions presented to the voters of a city or a portion of a

334-38 city.

335-1 2. The city clerk [may] :

335-2 (a) May divide paper ballots into two sheets in a manner that

335-3 provides a clear understanding and grouping of all measures and

335-4 candidates.

335-5 (b) Shall prescribe the color or colors of the ballots and voting

335-6 receipts used in any election which the clerk is required to

335-7 conduct.

335-8 Sec. 29. Where paper ballots are used for voting:

335-9 1. Except as otherwise provided in subsection 2, the voter shall

335-10 mark his ballot in no other manner than by [stamping a cross (X)]

335-11 making a mark in the square following the name of each candidate

335-12 for whom he intends to vote for each office.

335-13 2. If a question is submitted to the registered voters, the [cross]

335-14 voter’s mark must be placed in the square following the answer that

335-15 the voter chooses to give.

335-16 3. Before leaving the booth, the voter shall fold his ballot in

335-17 such a manner that the number of the ballot appears on the outside,

335-18 without exposing how he voted, and shall keep it so folded until he

335-19 has delivered it to the officer from whom he received it, who shall

335-20 announce the number of the ballot in an audible voice.

335-21 4. The election board officer who is in charge of the pollbook

335-22 shall repeat the number and mark in the column opposite the

335-23 number the word "Voted" or a character indicating the word

335-24 "Voted."

335-25 5. The election board officer who receives the voted ballot shall

335-26 separate from the ballot the strip bearing the number and shall

335-27 deposit the ballot in the ballot box in the presence of the voter.

335-28 6. No ballot may be deposited in the ballot box until the slip

335-29 containing the number of the ballot has been removed from the

335-30 ballot by the election board officer. The strip bearing the number

335-31 must be retained by the election board officer.

335-32 Sec. 34. 1. A person applying to vote may be challenged:

335-33 (a) Orally by any registered voter of the precinct or district upon

335-34 the ground that he is not the person entitled to vote as claimed or

335-35 has voted before at the same election; or

335-36 (b) On any ground set forth in a challenge filed with the county

335-37 clerk pursuant to the provisions of NRS 293.547.

335-38 2. If a person is challenged, an election board officer shall

335-39 tender the challenged person the following oath or affirmation:

335-40 (a) If the challenge is on the ground that he does not reside at the

335-41 residence [whose] for which the address is listed in the election

336-1 board register, "I swear or affirm under penalty of perjury that I

336-2 reside at the residence [whose] for which the address is listed in the

336-3 election board register";

336-4 (b) If the challenge is on the ground that he previously voted a

336-5 ballot for the election, "I swear or affirm under penalty of perjury

336-6 that I have not voted for any of the candidates or questions included

336-7 on this ballot for this election"; or

336-8 (c) If the challenge is on the ground that he is not the person he

336-9 claims to be, "I swear or affirm under penalty of perjury that I am

336-10 the person whose name is in this election board register."

336-11 The oath or affirmation must be set forth on a form prepared by the

336-12 secretary of state and signed by the challenged person under penalty

336-13 of perjury.

336-14 3. If the challenged person refuses to execute the oath or

336-15 affirmation so tendered, he must not be issued a ballot, and the

336-16 officer in charge of the election board register shall write the words

336-17 "Challenged ................" opposite his name in the election board

336-18 register.

336-19 4. If the challenged person refuses to execute the oath or

336-20 affirmation set forth in paragraph (a) of subsection 2, the election

336-21 board officers shall inform him that he is entitled to vote only in the

336-22 manner prescribed in section 35 of this act.

336-23 5. If the challenged person executes the oath or affirmation and

336-24 the challenge is not based on the ground set forth in paragraph (c)

336-25 of subsection 2, the election board officers shall issue him a ballot.

336-26 6. If the challenge is based on the ground set forth in paragraph

336-27 (a) of subsection 2, and the challenged person executes the oath or

336-28 affirmation, the election board shall not issue the person a ballot

336-29 until he furnishes satisfactory identification that contains proof of

336-30 the address at which he actually resides.

336-31 7. If the challenge is based on the ground set forth in paragraph

336-32 (c) of subsection 2 and the challenged person executes the oath or

336-33 affirmation, the election board shall not issue the person a ballot

336-34 unless he:

336-35 (a) Furnishes official identification which contains a photograph

336-36 of himself, such as his driver’s license or other official document; or

336-37 (b) Brings before the election board officers a person who is at

336-38 least 18 years old who:

336-39 (1) Furnishes official identification which contains a

336-40 photograph of himself, such as his driver’s license or other official

336-41 document; and

336-42 (2) Executes an oath or affirmation under penalty of perjury

336-43 that the challenged person is who he swears he is.

337-1 8. The election board officers shall record the result of the

337-2 challenge on the challenge list, and the election board officer in

337-3 charge of the checklist shall indicate next to the name of the

337-4 challenged person the result of the challenge.

337-5 Sec. 45. 1. If the request for an absent ballot is made by mail

337-6 or telegram, the city clerk shall, as soon as the official absent ballot

337-7 for the precinct or district in which the applicant resides has been

337-8 printed, send to the voter by first-class mail if the absent voter is

337-9 within the boundaries of the United States, its territories or

337-10 possessions or on a military base, or by air mail if the absent voter

337-11 is in a foreign country but not on a military base, postage prepaid:

337-12 (a) Except as otherwise provided in paragraph (b) [, an] :

337-13 (1) An absent ballot [, a] ;

337-14 (2) A return envelope [, a stamp] ;

337-15 (3) Supplies for marking the ballot [, a stamp pad and

337-16 instructions.] ;

337-17 (4) An envelope or similar device into which the ballot is

337-18 inserted to ensure its secrecy; and

337-19 (5) Instructions.

337-20 (b) In those cities using a mechanical voting system whereby a

337-21 vote is cast by punching a card [, a] :

337-22 (1) A card attached to a sheet of foam plastic or similar

337-23 backing material [, a] ;

337-24 (2) A return envelope [, a] ;

337-25 (3) A punching instrument [, a] ;

337-26 (4) A sample ballot [and instructions.] ;

337-27 (5) An envelope or similar device into which the card is

337-28 inserted to ensure its secrecy; and

337-29 (6) Instructions.

337-30 2. The return envelope must include postage prepaid by first-

337-31 class mail if the absent voter is within the boundaries of the United

337-32 States, its territories or possessions or on a military base.

337-33 3. Nothing may be enclosed or sent with an absent ballot except

337-34 as required by subsection 1.

337-35 4. Before depositing the ballot with the United States Postal

337-36 Service, the city clerk shall record the date the ballot is issued, the

337-37 name of the registered voter to whom it is issued, his precinct or

337-38 district, the number of the ballot and any remarks he finds

337-39 appropriate.

337-40 Sec. 47. 1. If a request for an absent ballot is made by a

337-41 registered voter in person, the city clerk shall issue an absent ballot

337-42 to the registered voter, and the ballot must be voted on the premises

338-1 of the city clerk’s office and returned to the city clerk. The city

338-2 clerk shall follow the same procedure as in the case of absent

338-3 ballots received by mail.

338-4 2. At least 25 days before a primary city election or general city

338-5 election until 5:00 p.m. [the day] on:

338-6 (a) The Friday before the election; or

338-7 (b) If the office of a city clerk is not scheduled to be open on

338-8 the Friday before the election, the Thursday before the election,

338-9 each city clerk shall provide a voting booth, with suitable

338-10 equipment for voting, on the premises of his office for use by

338-11 registered voters who are issued absent ballots in accordance with

338-12 this section.

338-13 Sec. 48. 1. When an absent voter receives his ballot, he must

338-14 [stamp] mark and fold it, if it is a paper ballot, or punch it, if the

338-15 ballot is voted by punching a card, in accordance with the

338-16 instructions, deposit it in the return envelope, seal the envelope,

338-17 affix his signature on the back of the envelope in the space provided

338-18 therefor and mail the return envelope.

338-19 2. If the absent voter who has received a ballot by mail applies

338-20 to vote the ballot in person at:

338-21 (a) The city clerk’s office, he must [stamp] mark or punch the

338-22 ballot, seal it in the return envelope and affix his signature in the

338-23 same manner as provided in subsection 1, and deliver the envelope

338-24 to the city clerk.

338-25 (b) A polling place, he must surrender the absent ballot and

338-26 provide satisfactory identification before being issued a ballot to

338-27 vote at the polling place. A person who receives a surrendered

338-28 absent ballot shall mark it ["Spoiled."] "Canceled."

338-29 3. Except as otherwise provided in section 43 of this act, it is

338-30 unlawful for any person other than the voter who requested an

338-31 absent ballot to return it. A person who violates the provisions of

338-32 this subsection is guilty of a category E felony and shall be

338-33 punished as provided in NRS 193.130.

338-34 Sec. 55. 1. The city clerk shall:

338-35 (a) Make certain of the names and addresses of all voters

338-36 registered to vote in mailing precincts and absent ballot mailing

338-37 precincts;

338-38 (b) Enroll the name and address of each voter found eligible to

338-39 vote in those precincts in the mailing precinct record book;

338-40 (c) Mark the number of the ballot on the return envelope; and

338-41 (d) Mail the ballot to the registered voter.

339-1 2. Except as otherwise provided in subsection 3, the ballot must

339-2 be accompanied by:

339-3 (a) [A stamp and stamp pad;] Supplies for marking the ballot;

339-4 (b) A return envelope;

339-5 (c) An envelope or similar device into which the ballot is

339-6 inserted to ensure its secrecy;

339-7 (d) A sample ballot; and

339-8 [(d)] (e) Instructions regarding the manner of [stamping]

339-9 marking and returning the ballot.

339-10 3. In those cities using a mechanical voting system whereby a

339-11 vote is cast by punching a card, the ballot must be accompanied by:

339-12 (a) A sheet of foam plastic or similar backing material attached

339-13 to the card;

339-14 (b) A punching instrument;

339-15 (c) A return envelope;

339-16 (d) An envelope or similar device into which the card is

339-17 inserted to ensure its secrecy;

339-18 (e) A sample ballot; and

339-19 [(e)] (f) Instructions concerning the manner of punching and

339-20 returning the card.

339-21 Sec. 146. NRS 293.565 is hereby amended to read as follows:

339-22 293.565 1. Except as otherwise provided in subsection 2,

339-23 sample ballots must include:

339-24 (a) The fiscal note, as provided pursuant to NRS 218.443 or

339-25 293.250, for each proposed constitutional amendment or statewide

339-26 measure;

339-27 (b) An explanation, as provided pursuant to NRS 218.443, of

339-28 each proposed constitutional amendment or statewide measure,

339-29 including arguments for and against it; and

339-30 (c) The full text of each proposed constitutional amendment.

339-31 2. Sample ballots that are mailed to registered voters may be

339-32 printed without the full text of each proposed constitutional

339-33 amendment if:

339-34 (a) The cost of printing the sample ballots would be significantly

339-35 reduced if the full text of each proposed constitutional amendment

339-36 were not included;

339-37 (b) The county [or city] clerk ensures that a sample ballot that

339-38 includes the full text of each proposed constitutional amendment is

339-39 provided at no charge to each registered voter who requests such a

339-40 sample ballot; and

339-41 (c) The sample ballots provided to each polling place include the

339-42 full text of each proposed constitutional amendment.

340-1 3. At least 10 days before any election, the county [or city]

340-2 clerk shall cause to be mailed to each registered voter in the county

340-3 [or city] a sample ballot for his precinct with a notice informing the

340-4 voter of the location of his polling place. If the location of the

340-5 polling place has changed since the last election:

340-6 (a) The county [or city] clerk shall mail a notice of the change to

340-7 each registered voter in the county [or city] not sooner than 10 days

340-8 before mailing the sample ballots; or

340-9 (b) The sample ballot must also include a notice in at least 10-

340-10 point bold type immediately above the location which states:

340-11 NOTICE: THE LOCATION OF YOUR POLLING PLACE

340-12 HAS CHANGED SINCE THE LAST ELECTION

340-13 4. The county [or city] clerk shall include in each sample ballot

340-14 for a primary election , [or primary city election,] a separate page

340-15 on which is printed a list of the offices and candidates for those

340-16 offices for which there is no opposition.

340-17 5. The cost of mailing sample ballots for any election other

340-18 than a primary or general election must be borne by the political

340-19 subdivision holding the election.

340-20 Sec. 149. NRS 293B.130 is hereby amended to read as

340-21 follows:

340-22 293B.130 1. Before any election where a mechanical voting

340-23 system is to be used, the county [or city] clerk shall prepare or

340-24 cause to be prepared a computer program on cards, tape or other

340-25 material suitable for use with the computer or counting device to be

340-26 employed for counting the votes cast. The program must cause the

340-27 computer or counting device to operate in the following manner:

340-28 (a) All lawful votes cast by each voter must be counted.

340-29 (b) All unlawful votes, including, but not limited to, overvotes

340-30 or, in a primary election, votes cast for a candidate of a major

340-31 political party other than the party, if any, of the registration of the

340-32 voter must not be counted.

340-33 (c) If the election is:

340-34 (1) A primary election held in an even-numbered year; or

340-35 (2) A general election,

340-36 the total votes, other than absentee votes and votes in a mailing

340-37 precinct, must be accumulated by precinct.

340-38 (d) The computer or counting device must halt or indicate by

340-39 appropriate signal if a ballot is encountered which lacks a code

340-40 identifying the precinct in which it was voted and, in a primary

340-41 election, identifying the major political party of the voter.

341-1 2. The program must be prepared under the supervision of the

341-2 accuracy certification board appointed pursuant to the provisions of

341-3 NRS 293B.140.

341-4 3. The county clerk shall take such measures as he deems

341-5 necessary to protect the program from being altered or damaged.

341-6 Sec. 154. NRS 294A.390 is hereby amended to read as

341-7 follows:

341-8 294A.390 The officer from whom a candidate or entity requests

341-9 a form for:

341-10 1. A declaration of candidacy;

341-11 2. An acceptance of candidacy;

341-12 3. [An affidavit of candidacy;

341-13 4.] The registration of a committee for political action pursuant

341-14 to NRS 294A.230 or a committee for the recall of a public officer

341-15 pursuant to 294A.250; or

341-16 [5.] 4. The reporting of campaign contributions, expenses or

341-17 expenditures pursuant to NRS 294A.120, 294A.140, 294A.150,

341-18 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280

341-19 or 294A.360,

341-20 shall furnish the candidate with the necessary forms for reporting

341-21 and copies of the regulations adopted by the secretary of state

341-22 pursuant to this chapter. An explanation of the applicable provisions

341-23 of NRS 294A.100, 294A.120, 294A.140, 294A.150, 294A.180,

341-24 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or

341-25 294A.360 relating to the making, accepting or reporting of

341-26 campaign contributions, expenses or expenditures and the penalties

341-27 for a violation of those provisions as set forth in NRS 294A.100 or

341-28 section 12 of [this act] Senate Bill No. 215 of this session must be

341-29 printed on the forms. The candidate or entity shall acknowledge

341-30 receipt of the material.

341-31 Sec. 158. NRS 236.015 is hereby amended to read as follows:

341-32 236.015 1. The following days are declared to be legal

341-33 holidays for state, county and city governmental offices:

341-34 January 1 (New Year’s Day)

341-35 Third Monday in January (Martin Luther King, Jr.’s Birthday)

341-36 Third Monday in February (Washington’s Birthday)

341-37 Last Monday in May (Memorial Day)

341-38 July 4 (Independence Day)

341-39 First Monday in September (Labor Day)

341-40 October 31 (Nevada Day)

341-41 November 11 (Veterans’ Day)

341-42 Fourth Thursday in November (Thanksgiving Day)

342-1 Friday following the fourth Thursday in November (Family

342-2 Day)

342-3 December 25 (Christmas Day)

342-4 Any day that may be appointed by the President of the United

342-5 States for public fast, thanksgiving or as a legal holiday

342-6 except for any Presidential appointment of the fourth

342-7 Monday in October as Veterans’ Day.

342-8 2. Except as otherwise provided by NRS 293.560 [,] and

342-9 section 72 of this act, all state, county and city offices, courts,

342-10 public schools and the University and Community College System

342-11 of Nevada must close on the legal holidays enumerated in

342-12 subsection 1 unless in the case of appointed holidays all or a part

342-13 thereof are specifically exempted.

342-14 3. If January 1, July 4, October 31, November 11 or December

342-15 25 falls upon a:

342-16 (a) Sunday, the Monday following must be observed as a legal

342-17 holiday.

342-18 (b) Saturday, the Friday preceding must be observed as a legal

342-19 holiday.

342-20 Sec. 162. NRS 283.040 is hereby amended to read as follows:

342-21 283.040 1. Every office becomes vacant upon the occurring

342-22 of any of the following events before the expiration of the term:

342-23 (a) The death or resignation of the incumbent.

342-24 (b) The removal of the incumbent from office.

342-25 (c) The confirmed insanity of the incumbent, found by a court of

342-26 competent jurisdiction.

342-27 (d) A conviction of the incumbent of any felony or offense

342-28 involving a violation of his official oath or bond or a violation of

342-29 NRS 241.040 or 293.1755 [.] or section 10 of this act.

342-30 (e) A refusal or neglect of the person elected or appointed to

342-31 take the oath of office, as prescribed in NRS 282.010, or, when a

342-32 bond is required by law, his refusal or neglect to give [such a] the

342-33 bond within the time prescribed by law.

342-34 (f) Except as otherwise provided in NRS 266.400, the ceasing of

342-35 the incumbent to be a resident of the state, district, county, city,

342-36 ward or other unit prescribed by law in which the duties of his

342-37 office are to be exercised, or from which he was elected or

342-38 appointed, or in which he was required to reside to be a candidate

342-39 for office or appointed to office.

342-40 (g) The neglect or refusal of the incumbent to discharge the

342-41 duties of his office for a period of 30 days, except when prevented

342-42 by sickness or absence from the state or county, as provided by law.

343-1 In a county whose population is less than 10,000, after an

343-2 incumbent, other than a state officer, has been prevented by

343-3 sickness from discharging the duties of his office for at least 6

343-4 months, the district attorney, either on his own volition or at the

343-5 request of another person, may petition the district court to declare

343-6 the office vacant. If the incumbent holds the office of district

343-7 attorney, the attorney general, either on his own volition or at the

343-8 request of another person, may petition the district court to declare

343-9 the office vacant. The district court shall hold a hearing to

343-10 determine whether to declare the office vacant and, in making its

343-11 determination, shall consider evidence relating to:

343-12 (1) The medical condition of the incumbent;

343-13 (2) The extent to which illness, disease or physical weakness

343-14 has rendered the incumbent unable to manage independently and

343-15 perform the duties of his office; and

343-16 (3) The extent to which the absence of the incumbent has had

343-17 a detrimental effect on the applicable governmental entity.

343-18 (h) The decision of a competent tribunal declaring the election or

343-19 appointment void or the office vacant.

343-20 2. Upon the happening of any of the events [enumerated]

343-21 described in subsection 1, [should the incumbent fail or refuse] if

343-22 the incumbent fails or refuses to relinquish his office, the attorney

343-23 general shall, if the office [affected] is a state office or concerns

343-24 more than one county, or the district attorney shall, if the office

343-25 [affected] is a county office or concerns territory within one county,

343-26 commence and prosecute, in a court of competent jurisdiction, any

343-27 proceedings for judgment and decree declaring [such] that office

343-28 vacant.

343-29 Sec. 165. NRS 350.024 is hereby amended to read as follows:

343-30 350.024 1. Except as otherwise provided in subsection 3, the

343-31 sample ballot required to be mailed pursuant to NRS 293.565 or

343-32 section 73 of this act and the notice of election must contain:

343-33 (a) The time and places of holding the election.

343-34 (b) The hours during the day in which the polls will be open,

343-35 which must be the same as provided for general elections.

343-36 (c) The purposes for which the obligations are to be issued or

343-37 incurred.

343-38 (d) A disclosure of any:

343-39 (1) Future increase or decrease in costs which can reasonably

343-40 be anticipated in relation to the purposes for which the obligations

343-41 are to be issued or incurred and its probable effect on the tax rate;

343-42 and

344-1 (2) Requirement relating to the proposal which is imposed

344-2 pursuant to a court order or state or federal statute and the probable

344-3 consequences which will result if the bond question is not approved

344-4 by the voters.

344-5 (e) The maximum amount of the obligations, including the

344-6 anticipated interest, separately stating the total principal, the total

344-7 anticipated interest and the anticipated interest rate.

344-8 (f) The maximum number of years which the obligations are to

344-9 run.

344-10 (g) An estimate of the range of tax rates necessary to provide for

344-11 debt service upon the obligations for the dates when they are to be

344-12 redeemed. The municipality shall, for each such date, furnish an

344-13 estimate of the assessed value of the property against which the

344-14 obligations are to be issued or incurred, and the governing body

344-15 shall estimate the tax rate based upon the assessed value of the

344-16 property as given in the assessor’s estimates.

344-17 2. If an operating or maintenance rate is proposed in

344-18 conjunction with the question to issue obligations, the questions

344-19 may be combined, but the sample ballot and notice of election must

344-20 each state the tax rate required for the obligations separately from

344-21 the rate proposed for operation and maintenance.

344-22 3. Any election called pursuant to NRS 350.020 to 350.070,

344-23 inclusive, may be consolidated with a primary or general municipal

344-24 election or a primary or general state election. The notice of

344-25 election need not set forth the places of holding the election, but

344-26 may instead state that the places of holding the election will be the

344-27 same as those provided for the election with which it is

344-28 consolidated.

344-29 4. If the election is a special election, the clerk shall cause

344-30 notice of the close of registration to be published in a newspaper

344-31 printed in and having a general circulation in the municipality once

344-32 in each calendar week for [two] 2 successive calendar weeks next

344-33 preceding the close of registration for the election.

344-34 Sec. 174. 1. Sections 97, 108, 114, 119, 127.8, 145, [146,]

344-35 154, 162 and 167 of this act become effective at 12:01 a.m. on

344-36 October 1, 1997.

344-37 2. Section 146 of this act becomes effective at 12:02 a.m. on

344-38 October 1, 1997.

345-1 2. Chapter 686, Statutes of Nevada 1997, at page 3428, is hereby

345-2 amended by adding thereto a new section to be designated as section 33.1,

345-3 immediately following section 33, to read as follows:

345-4 Sec. 33.1. If a candidate whose name appears on the ballot at a

345-5 general city election dies within the periods set forth in section 62

345-6 of this act, the city clerk shall post a notice of the candidate’s death

345-7 at each polling place where the candidate’s name will appear on the

345-8 ballot.

345-9 3. Chapter 686, Statutes of Nevada 1997, at page 3436, is hereby

345-10 amended by adding thereto new sections to be designated as sections 57.1

345-11 to 57.85, inclusive, immediately following section 57, to read respectively

345-12 as follows:

345-13 Sec. 57.1. 1. If a request is made to vote early by a registered

345-14 voter in person, the city clerk shall issue a ballot for early voting to

345-15 the voter. Such a ballot must be voted on the premises of the clerk’s

345-16 office and returned to the clerk. If the ballot is a paper ballot or a

345-17 ballot which is voted by punching a card, the clerk shall follow the

345-18 same procedure as in the case of absent ballots received by mail.

345-19 2. On the dates for early voting prescribed in section 57.2 of

345-20 this act, each city clerk shall provide a voting booth, with suitable

345-21 equipment for voting, on the premises of his office for use by

345-22 registered voters who are issued ballots for early voting in

345-23 accordance with this section.

345-24 Sec. 57.15. The city clerk may establish permanent polling

345-25 places for early voting by personal appearance at locations

345-26 designated by him throughout the city. Any person entitled to vote

345-27 early by personal appearance may do so at any polling place for

345-28 early voting.

345-29 Sec. 57.2. 1. The period for early voting by personal

345-30 appearance begins the third Saturday preceding a primary city

345-31 election or general city election, and extends through the Friday

345-32 before election day, Sundays and holidays excepted.

345-33 2. The city clerk may:

345-34 (a) Include any Sunday or holiday that falls within the period for

345-35 early voting by personal appearance.

345-36 (b) Require a permanent polling place for early voting to remain

345-37 open until 8 p.m. on any Saturday that falls within the period for

345-38 early voting.

345-39 3. A permanent polling place for early voting must remain

345-40 open:

345-41 (a) On Monday through Friday:

345-42 (1) During the first week of early voting, from 8 a.m. until 6

345-43 p.m.

346-1 (2) During the second week of early voting, from 8 a.m. until

346-2 6 p.m. or until 8 p.m. if the city clerk so requires.

346-3 (b) On any Saturday that falls within the period for early voting,

346-4 from 10 a.m. until 6 p.m.

346-5 (c) If the city clerk includes a Sunday that falls within the period

346-6 for early voting pursuant to subsection 2, during such hours as he

346-7 may establish.

346-8 Sec. 57.25. 1. In addition to permanent polling places for

346-9 early voting, the city clerk may establish temporary branch polling

346-10 places for early voting.

346-11 2. The provisions of subsection 3 of section 57.2 of this act do

346-12 not apply to a temporary polling place. Voting at a temporary

346-13 branch polling place may be conducted on any one or more days

346-14 and during any hours within the period for early voting by personal

346-15 appearance, as determined by the city clerk.

346-16 3. The schedules for conducting voting are not required to be

346-17 uniform among the temporary branch polling places.

346-18 4. The legal rights and remedies which inure to the owner or

346-19 lessor of private property are not impaired or otherwise affected by

346-20 the leasing of the property for use as a temporary branch polling

346-21 place for early voting, except to the extent necessary to conduct

346-22 early voting at that location.

346-23 Sec. 57.3. 1. The city clerk shall publish during the week

346-24 before the period for early voting and at least once each week

346-25 during the period for early voting in a newspaper of general

346-26 circulation a schedule stating:

346-27 (a) The location of each permanent and temporary polling place

346-28 for early voting and the election precincts served by each location.

346-29 (b) The dates and hours that early voting will be conducted at

346-30 each location.

346-31 2. The city clerk shall post a copy of the schedule on the

346-32 bulletin board used for posting notice of the meetings of the city

346-33 council. The schedule must be posted continuously for a period

346-34 beginning not later than the fifth day before the first day of the

346-35 period for early voting by personal appearance and ending on the

346-36 last day of that period.

346-37 3. The city clerk shall make copies of the schedule available to

346-38 the public in reasonable quantities without charge during the period

346-39 of posting.

346-40 4. No additional polling places for early voting may be

346-41 established after the schedule is published pursuant to this section.

347-1 Sec. 57.35. 1. The city clerk shall appoint for each polling

347-2 place for early voting a deputy clerk for early voting who must

347-3 serve as the election officer in charge of the polling place.

347-4 2. The city clerk may also appoint as many additional deputy

347-5 clerks as he deems necessary for the proper conduct of the election.

347-6 Sec. 57.4. If ballots which are voted on a mechanical recording

347-7 device which directly records the votes electronically are used

347-8 during the period for early voting by personal appearance, the

347-9 election board shall, before the polls open on each day during that

347-10 period:

347-11 1. Prepare each mechanical recording device for voting.

347-12 2. Ensure that each mechanical recording device will not

347-13 register any ballots which were previously voted on the mechanical

347-14 recording device as having been voted on that day.

347-15 Sec. 57.45. 1. Upon the appearance of a person to cast a

347-16 ballot for early voting, the deputy clerk for early voting shall:

347-17 (a) Determine that the person is a registered voter in the county;

347-18 (b) Instruct the voter to sign the roster for early voting; and

347-19 (c) Verify the signature of the voter against that contained on the

347-20 original application to register to vote or facsimile thereof, the card

347-21 issued to the voter at the time of registration or some other piece of

347-22 official identification.

347-23 2. The city clerk shall prescribe a procedure, approved by the

347-24 secretary of state, to determine that the voter has not already voted

347-25 pursuant to this section.

347-26 3. The roster for early voting must contain:

347-27 (a) The voter’s name, the address where he is registered to vote,

347-28 his voter identification number and a place for the voter’s signature;

347-29 (b) The voter’s precinct or voting district number; and

347-30 (c) The date of voting early in person.

347-31 4. When a voter is entitled to cast his ballot and has identified

347-32 himself to the satisfaction of the deputy clerk for early voting, he is

347-33 entitled to receive the appropriate ballot or ballots, but only for his

347-34 own use at the polling place for early voting.

347-35 5. If the ballot is voted by punching a card, the deputy clerk for

347-36 early voting shall:

347-37 (a) Ensure that the voter’s precinct or voting district and the

347-38 form of ballot are indicated on the card;

347-39 (b) Direct the voter to the appropriate mechanical recording

347-40 device for his form of ballot; and

347-41 (c) Allow the voter to place his voted ballot in the ballot box.

348-1 6. If the ballot is voted on a mechanical recording device which

348-2 directly records the votes electronically, the deputy clerk for early

348-3 voting shall:

348-4 (a) Prepare the mechanical recording device for the voter;

348-5 (b) Ensure that the voter’s precinct or voting district and the

348-6 form of ballot are indicated on each part of the voting receipt;

348-7 (c) Retain one part of the voting receipt for the election board

348-8 and return the other part of the voting receipt to the voter; and

348-9 (d) Allow the voter to cast his vote.

348-10 7. A voter applying to vote early by personal appearance may

348-11 be challenged pursuant to section 34 of this act.

348-12 Sec. 57.5. 1. The ballot box for early voting in which voted

348-13 ballots which are paper ballots or ballots which are voted by

348-14 punching a card are deposited must have two locks, each with a

348-15 different key and must be designed and constructed so that the box

348-16 can be sealed to detect any unauthorized opening of the box and

348-17 that the ballot slot can be sealed to prevent any unauthorized

348-18 deposit in the box. The seals for the boxes must be serially

348-19 numbered for each election.

348-20 2. During the period for early voting by personal appearance,

348-21 the city clerk shall keep the key to one of the locks to the ballot box

348-22 for early voting and a designated custodian, not under the authority

348-23 of the city clerk, shall keep the key to the second lock.

348-24 3. Each custodian shall retain possession of the key entrusted to

348-25 him until it is delivered to the ballot board for early voting.

348-26 Sec. 57.55. 1. A plan for the security of ballots for early

348-27 voting must be submitted to the secretary of state for approval no

348-28 later than 90 days before the election at which early voting is to be

348-29 conducted.

348-30 2. At the close of early voting each day, the deputy clerk for

348-31 early voting shall secure each voting machine used for early voting

348-32 in a manner prescribed by the secretary of state so that its

348-33 unauthorized operation is prevented.

348-34 3. All materials for early voting must be delivered to the city

348-35 clerk’s office at the close of voting on the last day for voting at the

348-36 polling place for early voting.

348-37 Sec. 57.6. 1. A ballot board for early voting must be

348-38 appointed by the city clerk to handle early voting ballots for that

348-39 city.

348-40 2. The board must consist of two co-chairmen who must be of

348-41 different political parties and at least two other members who may

348-42 be of the same political party as one of the co-chairmen but must

348-43 not be of the same political party as any other member.

349-1 Sec. 57.65. If paper ballots or ballots which are voted by

349-2 punching a card are used during the period for early voting by

349-3 personal appearance:

349-4 1. The ballots voted at the permanent or temporary polling

349-5 place must be delivered by an election board officer to the city

349-6 clerk’s office at the close of each voting day. The seal on the ballot

349-7 box must indicate the number of voted ballots contained in that box

349-8 for that day.

349-9 2. When the ballot box is delivered pursuant to subsection 1,

349-10 the city clerk shall provide a new ballot box locked in the manner

349-11 prescribed in section 57.5 of this act.

349-12 3. At the close of the fourth voting day before the last day to

349-13 vote early and at the close of each of the 3 days thereafter, the city

349-14 clerk shall deliver all ballots voted to the ballot board for early

349-15 voting. At the close of the last voting day, the city clerk shall

349-16 deliver to the ballot board for early voting:

349-17 (a) Each remaining ballot box containing the ballots voted early

349-18 by personal appearance and his key to each box;

349-19 (b) A voting roster of all persons who voted early by personal

349-20 appearance; and

349-21 (c) Any list of registered voters used in conducting early voting.

349-22 4. Upon the call of the chairmen of the board, the custodian of

349-23 the key to the second lock on the ballot boxes shall deliver his key

349-24 for each box to the presiding officer.

349-25 5. Upon the receipt of ballots, the board shall:

349-26 (a) Remove all ballots from the ballot boxes and sort the ballots

349-27 by precinct or voting district;

349-28 (b) Count the number of ballots by precinct or voting district;

349-29 (c) Account for all ballots on an official statement of ballots; and

349-30 (d) Place all official ballots in the container provided to transport

349-31 those items to a central counting place and seal the container with a

349-32 numbered seal. The official statement of ballots must accompany

349-33 the voted ballots to the central counting place.

349-34 6. The city clerk shall allow members of the general public to

349-35 observe the handling of the ballots pursuant to subsection 5 if those

349-36 members do not interfere with the handling of the ballots.

349-37 Sec. 57.7. If ballots which are voted on a mechanical recording

349-38 device which directly records the votes electronically are used

349-39 during the period for early voting by personal appearance in an

349-40 election other than a presidential preference primary election:

349-41 1. At the close of each voting day the election board shall:

349-42 (a) Prepare and sign a statement for the polling place. The

349-43 statement must include:

350-1 (1) The title of the election;

350-2 (2) The number of the precinct or voting district;

350-3 (3) The number which identifies the mechanical recording

350-4 device and the storage device required pursuant to NRS 293B.084;

350-5 (4) The number of ballots voted on the mechanical recording

350-6 device for that day;

350-7 (5) The number of signatures in the roster for early voting for

350-8 that day; and

350-9 (6) The number of voting receipts retained pursuant to section

350-10 57.45 of this act for that day.

350-11 (b) Secure:

350-12 (1) The ballots pursuant to the plan for security required by

350-13 section 57.55 of this act; and

350-14 (2) Each mechanical voting device in the manner prescribed

350-15 by the secretary of state pursuant to section 57.55 of this act.

350-16 2. At the close of the last voting day, the city clerk shall deliver

350-17 to the ballot board for early voting:

350-18 (a) The statements for all polling places for early voting;

350-19 (b) The voting receipts retained pursuant to section 57.45 of this

350-20 act;

350-21 (c) The voting rosters used for early voting;

350-22 (d) The storage device required pursuant to NRS 293B.084 from

350-23 each mechanical recording device used during the period for early

350-24 voting; and

350-25 (e) Any other items as determined by the city clerk.

350-26 3. Upon receipt of the items set forth in subsection 2 at the

350-27 close of the last voting day, the ballot board for early voting shall:

350-28 (a) Sort the items by precinct or voting district;

350-29 (b) Count the number of ballots voted by precinct or voting

350-30 district;

350-31 (c) Account for all ballots on an official statement of ballots; and

350-32 (d) Place the items in the container provided to transport those

350-33 items to the central counting place and seal the container with a

350-34 numbered seal. The official statement of ballots must accompany

350-35 the items to the central counting place.

350-36 Sec. 57.75. 1. After 8 a.m. on election day, the appropriate

350-37 board shall count in public the returns for early voting.

350-38 2. The returns for early voting must not be reported until after

350-39 the polls have closed on election day.

351-1 3. The returns for early voting may be reported separately from

351-2 the regular votes of the precinct, unless reporting the returns

351-3 separately would violate the secrecy of the voter’s ballot.

351-4 4. The city clerk shall develop a procedure to ensure that each

351-5 ballot is kept secret.

351-6 5. Any person who disseminates to the public information

351-7 relating to the count of returns for early voting before the polls

351-8 close is guilty of a gross misdemeanor.

351-9 Sec. 57.8. On election day the city clerk shall:

351-10 1. Ensure that each mechanical recording device used during

351-11 the period for early voting provides a record printed on paper of the

351-12 total number of votes recorded on the device for each candidate and

351-13 for or against each measure; and

351-14 2. Deliver to the central counting place:

351-15 (a) The items sorted and counted pursuant to subsection 3 of

351-16 section 57.7 of this act;

351-17 (b) The records printed on paper provided pursuant to subsection

351-18 1; and

351-19 (c) The storage device required pursuant to NRS 293B.084 from

351-20 each mechanical recording device used during the period for early

351-21 voting.

351-22 Sec. 57.85. 1. During the time a polling place for early

351-23 voting is open for voting, a person may not electioneer for or

351-24 against any candidate, measure or political party in or within 100

351-25 feet from the entrance to the voting area.

351-26 2. During the period of early voting, the city clerk shall keep

351-27 continuously posted:

351-28 (a) At the entrance to the room or area, as applicable, in which

351-29 the polling place for early voting is located, a sign on which is

351-30 printed in large letters "Polling Place for Early Voting"; and

351-31 (b) At the outer limits of the area within which electioneering is

351-32 prohibited, a sign on which is printed in large letters "Distance

351-33 Marker: No electioneering between this point and the entrance to

351-34 the polling place."

351-35 3. Ropes or other suitable objects may be used at the polling

351-36 place to ensure compliance with this section. Persons who are not

351-37 expressly permitted by law to be in a polling place must be

351-38 excluded from the polling place to the extent practicable.

351-39 4. Any person who willfully violates the provisions of this

351-40 section is guilty of a gross misdemeanor.

352-1 4. Chapter 686, Statutes of Nevada 1997, at page 3460, is hereby

352-2 amended by adding thereto new sections to be designated as sections 127.1

352-3 to 127.8, inclusive, immediately following section 127, to read respectively

352-4 as follows:

352-5 Sec. 127.1. NRS 293.356 is hereby amended to read as

352-6 follows:

352-7 293.356 1. If a request is made to vote early by a registered

352-8 voter in person, the county [or city] clerk shall issue a ballot for

352-9 early voting to the voter. Such a ballot must be voted on the

352-10 premises of the clerk’s office and returned to the clerk. If the ballot

352-11 is a paper ballot or a ballot which is voted by punching a card, the

352-12 clerk shall follow the same procedure as in the case of absent

352-13 ballots received by mail.

352-14 2. On the dates for early voting prescribed in NRS 293.3568,

352-15 each county [or city] clerk shall provide a voting booth, with

352-16 suitable equipment for voting, on the premises of his office for use

352-17 by registered voters who are issued ballots for early voting in

352-18 accordance with this section.

352-19 Sec. 127.15. NRS 293.3564 is hereby amended to read as

352-20 follows:

352-21 293.3564 1. The county clerk may establish permanent

352-22 polling places for early voting by personal appearance at locations

352-23 designated by him throughout the county. Except as otherwise

352-24 provided in subsection 2, any person entitled to vote early by

352-25 personal appearance may do so at any polling place for early voting.

352-26 2. If it is impractical for the county clerk to provide at each

352-27 polling place for early voting a ballot in every form required in the

352-28 county, he may:

352-29 (a) Provide appropriate forms of ballots for all offices within a

352-30 township, city, town or county commissioner election district, as

352-31 determined by the county clerk; and

352-32 (b) Limit voting at that polling place to registered voters in that

352-33 township, city, town or county commissioner election district.

352-34 [3. The city clerk may establish permanent polling places for

352-35 early voting by personal appearance at locations designated by him

352-36 throughout the city. Any person entitled to vote early by personal

352-37 appearance may do so at any polling place for early voting.]

352-38 Sec. 127.2. NRS 293.3568 is hereby amended to read as

352-39 follows:

352-40 293.3568 1. The period for early voting by personal

352-41 appearance begins the third Saturday preceding a primary or

352-42 general election [, or a primary city election or general city

353-1 election,] and extends through the Friday before election day,

353-2 Sundays and holidays excepted.

353-3 2. The county [or city] clerk may:

353-4 (a) Include any Sunday or holiday that falls within the period for

353-5 early voting by personal appearance.

353-6 (b) Require a permanent polling place for early voting to remain

353-7 open until 8 p.m. on any Saturday that falls within the period for

353-8 early voting.

353-9 3. A permanent polling place for early voting must remain

353-10 open:

353-11 (a) On Monday through Friday:

353-12 (1) During the first week of early voting, from 8 a.m. until 6

353-13 p.m.

353-14 (2) During the second week of early voting, from 8 a.m. until

353-15 6 p.m. or until 8 p.m. if the county [or city] clerk so requires.

353-16 (b) On any Saturday that falls within the period for early voting,

353-17 from 10 a.m. until 6 p.m.

353-18 (c) If the county clerk [or city clerk] includes a Sunday that falls

353-19 within the period for early voting pursuant to subsection 2, during

353-20 such hours as he may establish.

353-21 Sec. 127.25. NRS 293.3572 is hereby amended to read as

353-22 follows:

353-23 293.3572 1. In addition to permanent polling places for early

353-24 voting, the county [or city] clerk may establish temporary branch

353-25 polling places for early voting.

353-26 2. The provisions of subsection 3 of NRS 293.3568 do not

353-27 apply to a temporary polling place. Voting at a temporary branch

353-28 polling place may be conducted on any one or more days and

353-29 during any hours within the period for early voting by personal

353-30 appearance, as determined by the county [or city] clerk.

353-31 3. The schedules for conducting voting are not required to be

353-32 uniform among the temporary branch polling places.

353-33 4. The legal rights and remedies which inure to the owner or

353-34 lessor of private property are not impaired or otherwise affected by

353-35 the leasing of the property for use as a temporary branch polling

353-36 place for early voting, except to the extent necessary to conduct

353-37 early voting at that location.

353-38 Sec. 127.3. NRS 293.3576 is hereby amended to read as

353-39 follows:

353-40 293.3576 1. The county [or city] clerk shall publish during

353-41 the week before the period for early voting and at least once each

353-42 week during the period for early voting in a newspaper of general

353-43 circulation a schedule stating:

354-1 (a) The location of each permanent and temporary polling place

354-2 for early voting and the election precincts served by each location.

354-3 (b) The dates and hours that early voting will be conducted at

354-4 each location.

354-5 2. The county clerk shall post a copy of the schedule on the

354-6 bulletin board used for posting notice of meetings of the board of

354-7 county commissioners. [The city clerk shall post a copy of the

354-8 schedule on the bulletin board used for posting notice of the

354-9 meetings of the city council.] The schedule must be posted

354-10 continuously for a period beginning not later than the fifth day

354-11 before the first day of the period for early voting by personal

354-12 appearance and ending on the last day of that period.

354-13 3. The county [or city] clerk shall make copies of the schedule

354-14 available to the public in reasonable quantities without charge

354-15 during the period of posting.

354-16 4. No additional polling places for early voting may be

354-17 established after the schedule is published pursuant to this section.

354-18 Sec. 127.35. NRS 293.358 is hereby amended to read as

354-19 follows:

354-20 293.358 1. The county [or city] clerk shall appoint for each

354-21 polling place for early voting a deputy clerk for early voting who

354-22 must serve as the election officer in charge of the polling place.

354-23 2. The county [or city] clerk may also appoint as many

354-24 additional deputy clerks as he deems necessary for the proper

354-25 conduct of the election.

354-26 Sec. 127.4. NRS 293.3585 is hereby amended to read as

354-27 follows:

354-28 293.3585 1. Upon the appearance of a person to cast a ballot

354-29 for early voting, the deputy clerk for early voting shall:

354-30 (a) Determine that the person is a registered voter in the county;

354-31 (b) Instruct the voter to sign the roster for early voting; and

354-32 (c) Verify the signature of the voter against that contained on the

354-33 original application to register to vote or facsimile thereof, the card

354-34 issued to the voter at the time of registration or some other piece of

354-35 official identification.

354-36 2. The county [or city] clerk shall prescribe a procedure,

354-37 approved by the secretary of state, to determine that the voter has

354-38 not already voted pursuant to this section.

354-39 3. The roster for early voting must contain:

354-40 (a) The voter’s name, the address where he is registered to vote,

354-41 his voter identification number and a place for the voter’s signature;

354-42 (b) The voter’s precinct or voting district number; and

354-43 (c) The date of voting early in person.

355-1 4. When a voter is entitled to cast his ballot and has identified

355-2 himself to the satisfaction of the deputy clerk for early voting, he is

355-3 entitled to receive the appropriate ballot or ballots, but only for his

355-4 own use at the polling place for early voting.

355-5 5. If the ballot is voted by punching a card, the deputy clerk for

355-6 early voting shall:

355-7 (a) Ensure that the voter’s precinct or voting district and the

355-8 form of ballot are indicated on the card;

355-9 (b) Direct the voter to the appropriate mechanical recording

355-10 device for his form of ballot; and

355-11 (c) Allow the voter to place his voted ballot in the ballot box.

355-12 6. If the ballot is voted on a mechanical recording device which

355-13 directly records the votes electronically, the deputy clerk for early

355-14 voting shall:

355-15 (a) Prepare the mechanical recording device for the voter;

355-16 (b) Ensure that the voter’s precinct or voting district and the

355-17 form of ballot are indicated on each part of the voting receipt;

355-18 (c) Retain one part of the voting receipt for the election board

355-19 and return the other part of the voting receipt to the voter; and

355-20 (d) Allow the voter to cast his vote.

355-21 7. A voter applying to vote early by personal appearance may

355-22 be challenged pursuant to NRS 293.303.

355-23 Sec. 127.45. NRS 293.359 is hereby amended to read as

355-24 follows:

355-25 293.359 1. The ballot box for early voting in which voted

355-26 ballots which are paper ballots or ballots which are voted by

355-27 punching a card are deposited must have two locks, each with a

355-28 different key and must be designed and constructed so that the box

355-29 can be sealed to detect any unauthorized opening of the box and

355-30 that the ballot slot can be sealed to prevent any unauthorized

355-31 deposit in the box. The seals for the boxes must be serially

355-32 numbered for each election.

355-33 2. During the period for early voting by personal appearance,

355-34 the county [or city] clerk shall keep the key to one of the locks to

355-35 the ballot box for early voting and a designated custodian, not under

355-36 the authority of the county [or city] clerk, shall keep the key to the

355-37 second lock.

355-38 3. Each custodian shall retain possession of the key entrusted to

355-39 him until it is delivered to the ballot board for early voting.

356-1 Sec. 127.5. NRS 293.3594 is hereby amended to read as

356-2 follows:

356-3 293.3594 1. A plan for the security of ballots for early voting

356-4 must be submitted to the secretary of state for approval no later than

356-5 90 days before the election at which early voting is to be conducted.

356-6 2. At the close of early voting each day, the deputy clerk for

356-7 early voting shall secure each voting machine used for early voting

356-8 in a manner prescribed by the secretary of state so that its

356-9 unauthorized operation is prevented.

356-10 3. All materials for early voting must be delivered to the county

356-11 clerk’s office [or the city clerk’s office] at the close of voting on the

356-12 last day for voting at the polling place for early voting.

356-13 Sec. 127.55. NRS 293.3598 is hereby amended to read as

356-14 follows:

356-15 293.3598 1. A ballot board for early voting must be

356-16 appointed by the county clerk to handle early voting ballots for that

356-17 county. [A ballot board for early voting must be appointed by the

356-18 city clerk to handle early voting ballots for that city.

356-19 2. Each ballot]

356-20 2. The board must consist of two co-chairmen who must be of

356-21 different political parties and at least two other members who may

356-22 be of the same political party as one of the co-chairmen but must

356-23 not be of the same political party as any other member.

356-24 Sec. 127.6. NRS 293.3602 is hereby amended to read as

356-25 follows:

356-26 293.3602 If paper ballots or ballots which are voted by

356-27 punching a card are used during the period for early voting by

356-28 personal appearance:

356-29 1. The ballots voted at the permanent or temporary polling

356-30 place must be delivered by an election board officer to the county

356-31 clerk’s office [or the city clerk’s office] at the close of each voting

356-32 day. The seal on the ballot box must indicate the number of voted

356-33 ballots contained in that box for that day.

356-34 2. When the ballot box is delivered pursuant to subsection 1,

356-35 the county [or city] clerk shall provide a new ballot box locked in

356-36 the manner prescribed in NRS 293.359.

356-37 3. At the close of the fourth voting day before the last day to

356-38 vote early and at the close of each of the 3 days thereafter, the

356-39 county [or city] clerk shall deliver all ballots voted to the ballot

356-40 board for early voting. At the close of the last voting day, the

356-41 county [or city] clerk shall deliver to the [appropriate] ballot board

356-42 for early voting:

357-1 (a) Each remaining ballot box containing the ballots voted early

357-2 by personal appearance and his key to each box;

357-3 (b) A voting roster of all persons who voted early by personal

357-4 appearance; and

357-5 (c) Any list of registered voters used in conducting early voting.

357-6 4. Upon the call of the chairmen of the board, the custodian of

357-7 the key to the second lock on the ballot boxes shall deliver his key

357-8 for each box to the presiding officer.

357-9 5. Upon the receipt of ballots, the board shall:

357-10 (a) Remove all ballots from the ballot boxes and sort the ballots

357-11 by precinct or voting district;

357-12 (b) Count the number of ballots by precinct or voting district;

357-13 (c) Account for all ballots on an official statement of ballots; and

357-14 (d) Place all official ballots in the container provided to transport

357-15 those items to a central counting place and seal the container with a

357-16 numbered seal. The official statement of ballots must accompany

357-17 the voted ballots to the central counting place.

357-18 6. The county [or city] clerk shall allow members of the general

357-19 public to observe the handling of the ballots pursuant to subsection

357-20 5 if those members do not interfere with the handling of the ballots.

357-21 Sec. 127.65. NRS 293.3604 is hereby amended to read as

357-22 follows:

357-23 293.3604 If ballots which are voted on a mechanical recording

357-24 device which directly records the votes electronically are used

357-25 during the period for early voting by personal appearance in an

357-26 election other than a presidential preference primary election:

357-27 1. At the close of each voting day the election board shall:

357-28 (a) Prepare and sign a statement for the polling place. The

357-29 statement must include:

357-30 (1) The title of the election;

357-31 (2) The number of the precinct or voting district;

357-32 (3) The number which identifies the mechanical recording

357-33 device and the storage device required pursuant to NRS 293B.084;

357-34 (4) The number of ballots voted on the mechanical recording

357-35 device for that day;

357-36 (5) The number of signatures in the roster for early voting for

357-37 that day; and

357-38 (6) The number of voting receipts retained pursuant to NRS

357-39 293.3585 for that day.

357-40 (b) Secure:

357-41 (1) The ballots pursuant to the plan for security required by

357-42 NRS 293.3594; and

358-1 (2) Each mechanical voting device in the manner prescribed

358-2 by the secretary of state pursuant to NRS 293.3594.

358-3 2. At the close of the last voting day, the county [or city] clerk

358-4 shall deliver to the [appropriate] ballot board for early voting:

358-5 (a) The statements for all polling places for early voting;

358-6 (b) The voting receipts retained pursuant to NRS 293.3585;

358-7 (c) The voting rosters used for early voting;

358-8 (d) The storage device required pursuant to NRS 293B.084 from

358-9 each mechanical recording device used during the period for early

358-10 voting; and

358-11 (e) Any other items as determined by the county [or city] clerk.

358-12 3. Upon receipt of the items set forth in subsection 2 at the

358-13 close of the last voting day, the ballot board for early voting shall:

358-14 (a) Sort the items by precinct or voting district;

358-15 (b) Count the number of ballots voted by precinct or voting

358-16 district;

358-17 (c) Account for all ballots on an official statement of ballots; and

358-18 (d) Place the items in the container provided to transport those

358-19 items to the central counting place and seal the container with a

358-20 numbered seal. The official statement of ballots must accompany

358-21 the items to the central counting place.

358-22 Sec. 127.7. NRS 293.3606 is hereby amended to read as

358-23 follows:

358-24 293.3606 1. After 8 a.m. on election day, the appropriate

358-25 board shall count in public the returns for early voting.

358-26 2. The returns for early voting must not be reported until after

358-27 the polls have closed on election day.

358-28 3. The returns for early voting may be reported separately from

358-29 the regular votes of the precinct, unless reporting the returns

358-30 separately would violate the secrecy of the voter’s ballot.

358-31 4. The county [or city] clerk shall develop a procedure to

358-32 ensure that each ballot is kept secret.

358-33 5. Any person who disseminates to the public information

358-34 relating to the count of returns for early voting before the polls

358-35 close is guilty of a gross misdemeanor.

358-36 Sec. 127.75. NRS 293.3608 is hereby amended to read as

358-37 follows:

358-38 293.3608 On election day the county [or city] clerk shall:

358-39 1. Ensure that each mechanical recording device used during

358-40 the period for early voting provides a record printed on paper of the

358-41 total number of votes recorded on the device for each candidate and

358-42 for or against each measure; and

359-1 2. Deliver to the central counting place:

359-2 (a) The items sorted and counted pursuant to subsection 3 of

359-3 NRS 293.3604;

359-4 (b) The records printed on paper provided pursuant to subsection

359-5 1; and

359-6 (c) The storage device required pursuant to NRS 293B.084 from

359-7 each mechanical recording device used during the period for early

359-8 voting.

359-9 Sec. 127.8. NRS 293.361 is hereby amended to read as

359-10 follows:

359-11 293.361 1. During the time a polling place for early voting is

359-12 open for voting, a person may not electioneer for or against any

359-13 candidate, measure or political party in or within 100 feet from the

359-14 entrance to the voting area.

359-15 2. During the period of early voting, the county [or city] clerk

359-16 shall keep continuously posted:

359-17 (a) At the entrance to the room or area, as applicable, in which

359-18 the polling place for early voting is located, a sign on which is

359-19 printed in large letters "Polling Place for Early Voting"; and

359-20 (b) At the outer limits of the area within which electioneering is

359-21 prohibited, a sign on which is printed in large letters "Distance

359-22 Marker: No electioneering between this point and the entrance to

359-23 the polling place."

359-24 3. Ropes or other suitable objects may be used at the polling

359-25 place to ensure compliance with this section. Persons who are not

359-26 expressly permitted by law to be in a polling place must be

359-27 excluded from the polling place to the extent practicable.

359-28 4. Any person who willfully violates the provisions of this

359-29 section is guilty of a gross misdemeanor.

359-30 5. Chapter 686, Statutes of Nevada 1997, at page 3482, is hereby

359-31 amended by adding thereto a new section to be designated as section 171.1,

359-32 immediately following section 171, to read as follows:

359-33 Sec. 171.1. Section 6 of chapter 355, Statutes of Nevada 1997,

359-34 at page 1292, is hereby amended to read as follows:

359-35 Sec. 6. Chapter 293 of NRS is hereby amended by adding

359-36 thereto a new section to read as follows:

359-37 If a candidate whose name appears on the ballot at a general

359-38 election [or general city election] dies within the periods set forth

359-39 in NRS 293.368, the county [or city] clerk shall post a notice of

359-40 the candidate’s death at each polling place where the candidate’s

359-41 name will appear on the ballot.

360-1 Sec. 120. Section 27 of chapter 480, Statutes of Nevada

360-2 1997, at page 1854, and section 321 of chapter 482, Statutes of

360-3 Nevada 1997, at page 2015, are hereby repealed.

360-4 Sec. 121. This act becomes effective upon passage and approval.

 

360-5 TEXT OF REPEALED SECTIONS

 

360-6 Section 27 of chapter 480, Statutes of Nevada 1997:

360-7 Sec. 27. 1. On or before November 15 of each year, the

360-8 governing body of each charter school shall submit to the sponsor of

360-9 the charter school, the superintendent of public instruction and the

360-10 director of the legislative counsel bureau for transmission to the

360-11 majority leader of the senate and the speaker of the assembly a

360-12 report that includes:

360-13 (a) A written description of the progress of the charter school in

360-14 achieving the mission and goals of the charter school set forth in its

360-15 application.

360-16 (b) For each licensed employee and nonlicensed teacher

360-17 employed at the charter school on October 1 of that year:

360-18 (1) The amount of salary of the employee; and

360-19 (2) The designated assignment, as that term is defined by the

360-20 department, of the employee.

360-21 (c) The count of pupils who are enrolled in a charter school in:

360-22 (1) Kindergarten;

360-23 (2) Grades 1 to 12, inclusive; and

360-24 (3) Special education pursuant to NRS 388.440 to 388.520,

360-25 inclusive.

360-26 (d) The actual expenditures of the charter school in the fiscal

360-27 year immediately preceding the report.

360-28 (e) The proposed expenditures of the charter school for the

360-29 current fiscal year.

360-30 2. On or before November 25 of each year, the superintendent

360-31 of public instruction shall submit to the department of

360-32 administration and the fiscal analysis division of the legislative

360-33 counsel bureau, in a format approved by the director of the

360-34 department of administration, a compilation of the reports made by

360-35 each governing body pursuant to subsection 1.

361-1 3. The superintendent of public instruction shall, in the

361-2 compilation required by subsection 2, reconcile the revenues and

361-3 expenditures of the charter schools with the apportionment received

361-4 by those schools from the state distributive school account for the

361-5 preceding year.

361-6 Section 321 of chapter 482, Statutes of Nevada 1997:

361-7 Sec. 321. As used in NRS 597.440 and sections 321 to 325,

361-8 inclusive, of this act, unless the context otherwise requires, the

361-9 words and terms defined in sections 322 and 323 of this act, have

361-10 the meanings ascribed to them in those sections.

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