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).

1-1 Section 1. Title 15 of NRS is hereby amended by adding thereto a

1-3 inclusive, of this act.

1-4 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-5 the words and terms defined in sections 3 and 4 of this act have the

1-6 meanings ascribed to them in those sections.

1-7 Sec. 3. "Board" means the advisory board for the Nevada task force

1-8 for technological crime created pursuant to section 5 of this act.

1-9 Sec. 4. "Technological crime" means any crime that involves,

1-10 directly or indirectly, any component, device, equipment, system or

1-11 network that, alone or in conjunction with any other component, device,

1-12 equipment, system or network, is designed or has the capability to:

2-1 1. Be programmed; or

2-2 2. Generate, process, store, retrieve, convey, emit, transmit, receive,

2-3 relay, record or reproduce any data, information, image, program, signal

2-4 or sound in a technological format, including, without limitation, a

2-5 format that involves analog, digital, electronic, electromagnetic,

2-6 magnetic or optical technology.

2-7 Sec. 5. 1. The advisory board for the Nevada task force for

2-8 technological crime is hereby created.

2-9 2. The board consists of nine members as follows:

2-10 (a) The attorney general.

2-11 (b) The director of the department of information technology.

2-12 (c) One member of the senate appointed by the majority leader of the

2-13 senate.

2-14 (d) One member of the assembly appointed by the speaker of the

2-15 assembly.

2-16 (e) Five other persons appointed by the governor as follows:

2-17 (1) Two persons who represent major sectors of the economy of this

2-18 state that are impacted significantly by technological crimes.

2-19 (2) One person who is an employee of a law enforcement agency of

2-20 this state.

2-21 (3) One person who is an employee of a public educational

2-22 institution within this state.

2-23 (4) One person who is a resident of this state and who is employed

2-24 by the Federal Government.

2-25 3. Each member of the board who is appointed to the board serves

2-26 for a term of 4 years. A vacancy on the board in an appointed position

2-27 must be filled in the same manner as the original appointment. A

2-28 member may be reappointed to the board.

2-29 4. The members of the board shall elect a chairman and vice

2-30 chairman by majority vote. After the initial election, the chairman and

2-31 vice chairman shall hold office for a term of 1 year beginning on July 1

2-32 of each year. If a vacancy occurs in the chairmanship or vice

2-33 chairmanship, the members of the board shall elect a chairman or vice

2-34 chairman, as appropriate, from among its members for the remainder of

2-35 the unexpired term.

2-36 5. The members of the board:

2-37 (a) Serve without compensation; and

2-38 (b) May, upon written request, receive the per diem allowance and

2-39 travel expenses provided for state officers and employees generally while

2-40 engaged in the business of the board.

2-41 6. A member of the board who is an officer or employee of this state

2-42 or a political subdivision of this state must be relieved from his duties

3-1 without loss of his regular compensation so that he may prepare for and

3-2 attend meetings of the board and perform any work necessary to carry

3-3 out the duties of the board in the most timely manner practicable. A state

3-4 agency or political subdivision of this state shall not require an officer or

3-5 employee who is a member of the board to make up the time he is absent

3-6 from work to carry out his duties as a member of the board or use annual

3-7 vacation or compensatory time for the absence.

3-8 Sec. 6. 1. The board shall meet at least once every quarter and at

3-9 the times and places specified by a call of the chairman or a majority of

3-10 the members of the board.

3-11 2. Except as otherwise provided in subsection 3, a member of the

3-12 board may designate in writing a person to represent him at a meeting of

3-13 the board. A representative who has been so designated:

3-14 (a) Shall be deemed to be a member of the board for the purpose of

3-15 determining a quorum at the meeting; and

3-16 (b) May vote on any matter that is voted on by the regular members of

3-17 the board at the meeting.

3-18 3. The attorney general may designate a representative to serve in his

3-19 place on the board or attend a meeting of the board in his place. The

3-20 director of the department of information technology may designate a

3-21 representative to serve in his place on the board or attend a meeting of

3-22 the board in his place.

3-23 4. Five members of the board constitute a quorum. A quorum may

3-24 exercise all the power and authority conferred on the board.

3-25 5. Notwithstanding any other provision of law, a member of the

3-26 board:

3-27 (a) Is not disqualified from public employment or holding a public

3-28 office because of his membership on the board; and

3-29 (b) Does not forfeit his public office or public employment because of

3-30 his membership on the board.

3-31 Sec. 7. The board shall:

3-32 1. Facilitate cooperation between state, local and federal officers in

3-33 detecting, investigating and prosecuting technological crimes.

3-34 2. Establish two multi-agency task forces on technological crime,

3-35 one based in Reno for northern Nevada and one based in Las Vegas for

3-36 southern Nevada, consisting of:

3-37 (a) Investigators and prosecutors who are specifically trained to

3-38 investigate and prosecute technological crimes; and

3-39 (b) Persons from the private sector who are knowledgeable in the area

3-40 of information technology or the prevention or detection of technological

3-41 crimes.

4-1 3. Coordinate and provide training and education for members of

4-2 the general public, private industry and governmental agencies,

4-3 including, without limitation, law enforcement agencies, concerning the

4-4 statistics and methods of technological crimes and how to prevent and

4-5 detect technological crimes.

4-6 4. Administer, with the assistance of members of private industry, a

4-7 program to secure governmental information systems against illegal

4-8 intrusions and other criminal activities.

4-9 5. Evaluate and recommend changes to the existing civil and

4-10 criminal laws relating to technological crimes in response to current and

4-11 projected changes in technology and law enforcement techniques.

4-12 6. Authorize the payment of expenses incurred by the board in

4-13 carrying out its duties pursuant to this chapter.

4-14 Sec. 8. 1. Upon unanimous approval of the members of the board,

4-15 the board shall appoint an executive director of technological crime

4-16 within the office of the attorney general.

4-17 2. The executive director is in the unclassified service of the state and

4-18 serves at the pleasure of the board.

4-19 3. The board shall establish the qualifications, powers and duties of

4-20 the executive director.

4-21 Sec. 9. Upon unanimous approval of the members of the board, the

4-22 board shall appoint a full-time secretary who is in the unclassified

4-23 service of the state and serves at the pleasure of the board.

4-24 Sec. 10. 1. The board may apply for any available grants and

4-25 accept gifts, grants, appropriations or donations to assist the board in

4-26 carrying out its duties pursuant to the provisions of this chapter.

4-27 2. Any money received by the board must be deposited in the account

4-28 for the advisory board for the Nevada task force for technological crime

4-29 created pursuant to section 11 of this act.

4-30 Sec. 11. 1. The account for the advisory board for the Nevada task

4-31 force for technological crime is hereby created in the state general fund.

4-32 The board shall administer the account.

4-33 2. The money in the account must only be used to carry out the

4-34 provisions of this chapter and pay the expenses incurred by the board in

4-35 the discharge of its duties, including, without limitation, the payment of

4-36 any expenses related to the creation and subsequent activities of the task

4-37 forces on technological crime.

4-38 3. Claims against the account must be paid as other claims against

4-39 the state are paid.

4-40 4. The money in the account must remain in the account and must

4-41 not revert to the state general fund at the end of any fiscal year.

5-1 Sec. 12. Chapter 205 of NRS is hereby amended by adding thereto the

5-2 provisions set forth as sections 13 to 22, inclusive, of this act.

5-3 Sec. 13. "Intangible property" means property that lacks a physical

5-4 existence yet possesses value, including, without limitation, customer

5-5 lists, trade secrets, copyrighted material or other confidential

5-6 information.

5-7 Sec. 14. 1. "Computer contaminant" means any data, information,

5-8 image, program, signal or sound that is designed or has the capability to:

5-9 (a) Contaminate, corrupt, consume, damage, destroy, disrupt, modify,

5-10 record or transmit; or

5-11 (b) Cause to be contaminated, corrupted, consumed, damaged,

5-12 destroyed, disrupted, modified, recorded or transmitted,

5-13 any other data, information, image, program, signal or sound contained

5-14 in a computer, system or network without the knowledge or consent of

5-15 the person who owns the other data, information, image, program, signal

5-16 or sound or the computer, system or network.

5-17 2. The term includes, without limitation:

5-18 (a) A virus, worm or trojan horse; or

5-19 (b) Any other similar data, information, image, program, signal or

5-20 sound that is designed or has the capability to prevent, impede, delay or

5-21 disrupt the normal operation or use of any component, device,

5-22 equipment, system or network.

5-23 Sec. 15. "Encryption" means the use of any protective or disruptive

5-24 measure, including, without limitation, cryptography, enciphering,

5-25 encoding or a computer contaminant, to:

5-26 1. Prevent, impede, delay or disrupt access to any data, information,

5-27 image, program, signal or sound;

5-28 2. Cause or make any data, information, image, program, signal or

5-29 sound unintelligible or unusable; or

5-30 3. Prevent, impede, delay or disrupt the normal operation or use of

5-31 any component, device, equipment, system or network.

5-32 Sec. 16. 1. "Information service" means a service that is designed

5-33 or has the capability to generate, process, store, retrieve, convey, emit,

5-34 transmit, receive, relay, record or reproduce any data, information,

5-35 image, program, signal or sound by means of any component, device,

5-36 equipment, system or network, including, without limitation, by means

5-37 of:

5-38 (a) A computer, computer system, computer network, modem or

5-39 scanner.

5-40 (b) A telephone, cellular phone, satellite phone, pager, personal

5-41 communications device or facsimile machine.

5-42 (c) Any type of transmitter or receiver.

6-1 (d) Any other component, device, equipment, system or network that

6-2 uses analog, digital, electronic, electromagnetic, magnetic or optical

6-3 technology.

6-4 2. The term does not include a community antenna television

6-5 company, as defined in NRS 711.030.

6-6 Sec. 17. "Provider" means any person who provides an information

6-7 service.

6-8 Sec. 18. "Provider of Internet service" means any provider who

6-9 provides subscribers with access to the Internet or an electronic mail

6-10 address, or both.

6-11 Sec. 19. 1. A person shall not willfully use or attempt to use

6-12 encryption, directly or indirectly, to:

6-13 (a) Commit, facilitate, further or promote any criminal offense;

6-14 (b) Aid, assist or encourage another person to commit any criminal

6-15 offense;

6-16 (c) Conceal the commission of any criminal offense;

6-17 (d) Conceal or protect the identity of a person who has committed any

6-18 criminal offense; or

6-19 (e) Delay, hinder or obstruct the administration of the law.

6-20 2. A person who violates any provision of this section:

6-21 (a) Is guilty of a gross misdemeanor; and

6-22 (b) Commits a criminal offense that is separate and distinct from any

6-23 other criminal offense and may be prosecuted and convicted pursuant to

6-24 this section whether or not the person or any other person is or has been

6-25 prosecuted or convicted for any other criminal offense arising out of the

6-26 same facts as the violation of this section.

6-27 Sec. 20. 1. A person shall not willfully falsify or forge any data,

6-28 information, image, program, signal or sound that:

6-29 (a) Is contained in the header, subject line or routing instructions of

6-30 an item of electronic mail; or

6-31 (b) Describes or identifies the sender, source, point of origin or path

6-32 of transmission of an item of electronic mail,

6-33 with the intent to transmit or cause to be transmitted the item of

6-34 electronic mail to the electronic mail address of one or more recipients

6-35 without their knowledge of or consent to the transmission.

6-36 2. Except as otherwise provided in subsection 5, a person shall not

6-37 willfully transmit or cause to be transmitted an item of electronic mail to

6-38 the electronic mail address of one or more recipients without their

6-39 knowledge of or consent to the transmission if person knows or has

6-40 reason to know that the item of electronic mail contains or has been

6-41 generated or formatted with:

6-42 (a) An Internet domain name that is being used without the consent of

6-43 the person who holds the Internet domain name; or

7-1 (b) Any data, information, image, program, signal or sound that has

7-2 been used intentionally in the header, subject line or routing instructions

7-3 of the item of electronic mail to falsify or misrepresent:

7-4 (1) The identity of the sender; or

7-5 (2) The source, point of origin or path of transmission of the item

7-6 of electronic mail.

7-7 3. A person shall not knowingly sell, give or otherwise distribute or

7-8 possess with the intent to sell, give or otherwise distribute any data,

7-9 information, image, program, signal or sound which is designed or

7-10 intended to be used to falsify or forge any data, information, image,

7-11 program, signal or sound that:

7-12 (a) Is contained in the header, subject line or routing instructions of

7-13 an item of electronic mail; or

7-14 (b) Describes or identifies the sender, source, point of origin or path

7-15 of transmission of an item of electronic mail.

7-16 4. A person who violates any provision of this section is guilty of a

7-17 misdemeanor.

7-18 5. The provisions of subsection 2 do not apply to a provider of

7-19 Internet service who, in the course of providing service, transmits or

7-20 causes to be transmitted an item of electronic mail on behalf of another

7-21 person, unless the provider of Internet service is the person who first

7-22 generates the item of electronic mail.

7-23 Sec. 21. 1. A provider of Internet service shall keep confidential:

7-24 (a) All information concerning a subscriber, other than the electronic

7-25 mail address of the subscriber, unless the subscriber gives permission, in

7-26 writing or by electronic mail, to the provider of Internet service to

7-27 disclose the information.

7-28 (b) The electronic mail address of a subscriber, if the subscriber

7-29 requests, in writing or by electronic mail, to have the electronic mail

7-30 address of the subscriber kept confidential. Upon receiving such a

7-31 request from a subscriber, a provider of Internet service shall keep

7-32 confidential the electronic mail address of the subscriber, unless the

7-33 subscriber gives permission, in writing or by electronic mail, to the

7-34 provider of Internet service to disclose the electronic mail address of the

7-35 subscriber.

7-36 2. A provider of Internet service shall provide notice of the

7-37 requirements of subsection 1 to each of its subscribers. The notice must

7-38 include, without limitation, a conspicuous statement that a subscriber

7-39 may request, in writing or by electronic mail, to have the electronic mail

7-40 address of the subscriber kept confidential.

7-41 3. A provider of Internet service who violates any provision of this

7-42 section is guilty of a misdemeanor and shall be punished by a fine of not

7-43 less than $50 or more than $500 for each violation.

8-1 4. As used in this section, "provider of Internet service" means a

8-2 provider of Internet service who charges a subscriber for access to the

8-3 Internet or the electronic mail address of the subscriber.

8-4 Sec. 22. 1. Except as otherwise provided in subsection 2, any

8-5 victim of a crime described in NRS 205.473 to 205.506, inclusive, and

8-6 sections 14 to 22, inclusive, of this act, may bring a civil action to

8-7 recover:

8-8 (a) Damages for any loss or injury suffered as a result of the crime;

8-9 (b) Punitive damages; and

8-10 (c) Costs and reasonable attorney’s fees incurred in bringing the civil

8-11 action.

8-12 2. A victim of a crime described in section 21 of this act may not

8-13 bring a civil action pursuant to this section.

8-14 3. The provisions of this section do not abrogate or limit the right of

8-15 a victim of a crime described in NRS 205.473 to 205.506, inclusive, and

8-16 sections 14 to 22, inclusive, of this act, to bring a civil action pursuant to

8-17 any other statute or the common law.

8-18 Sec. 23. NRS 205.0821 is hereby amended to read as follows:

8-19 205.0821 As used in NRS 205.0821 to 205.0835, inclusive, and

8-22 this act have the meanings ascribed to them in those sections.

8-23 Sec. 24. NRS 205.0828 is hereby amended to read as follows:

8-24 205.0828 "Property of another person" means real, personal or

8-33 holds legal title to the property pursuant to a security agreement.

8-34 Sec. 25. NRS 205.0832 is hereby amended to read as follows:

8-35 205.0832 A person commits theft if, without lawful authority, he

8-43 duration or for a limited use.

9-1 3. Obtains real , [or] personal or intangible property or the services of

9-2 another person by a material misrepresentation with intent to deprive that

9-3 person of the property or services. As used in this subsection, "material

9-4 misrepresentation" means the use of any pretense, or the making of any

9-5 promise, representation or statement of present, past or future fact which is

9-6 fraudulent and which, when used or made, is instrumental in causing the

9-7 wrongful control or transfer of property or services. The pretense may be

9-8 verbal or it may be a physical act.

9-9 4. Comes into control of lost, mislaid or misdelivered property of

9-10 another person under circumstances providing means of inquiry as to the

9-11 true owner and appropriates that property to his own use or that of another

9-12 person without reasonable efforts to notify the true owner.

9-13 5. Controls property of another person knowing or having reason to

9-14 know that the property was stolen . [;]

9-15 6. Obtains services which he knows are available only for

9-16 compensation without paying or agreeing to pay compensation or diverts

9-17 the services of another person to his own benefit or that of another person

9-18 without lawful authority to do so.

9-19 7. Takes, destroys, conceals or disposes of property in which another

9-20 person has a security interest, with intent to defraud that person.

9-21 8. Commits any act that is declared to be theft by a specific statute.

9-22 9. Draws or passes a check, and in exchange obtains property or

9-23 services, if he knows that the check will not be paid when presented.

9-24 Sec. 26. NRS 205.473 is hereby amended to read as follows:

9-25 205.473 As used in NRS 205.473 to [205.491,] 205.506, inclusive,

9-29 ascribed to them in those sections.

9-30 Sec. 27. NRS 205.4745 is hereby amended to read as follows:

9-31 205.4745 "Network" means a set of related, remotely connected

9-33 to transmit data among [them.] any of the devices and facilities. The term

9-34 includes, without limitation, a local, regional or global computer

9-35 network.

9-36 Sec. 28. NRS 205.4765 is hereby amended to read as follows:

9-37 205.4765 1. Except as otherwise provided in subsection [5,] 6, a

9-43 (e) Uses;

10-1 (f) Transfers;

10-2 (g) Conceals;

10-3 (h) Takes;

10-4 (i) Retains possession of;

10-5 (j) Copies;

10-6 (k) Obtains or attempts to obtain access to, permits access to or causes

10-7 to be accessed; or

10-8 (l) Enters,

10-9 data, a program or any supporting documents which exist inside or outside

10-10 a computer, system or network is guilty of a misdemeanor.

10-11 2. Except as otherwise provided in subsection [5,] 6, a person who

10-12 knowingly, [willingly] willfully and without authorization:

10-13 (a) Modifies;

10-14 (b) Destroys;

10-15 (c) Uses;

10-16 (d) Takes;

10-17 (e) Damages;

10-18 (f) Transfers;

10-19 (g) Conceals;

10-20 (h) Copies;

10-21 (i) Retains possession of; or

10-22 (j) Obtains or attempts to obtain access to, permits access to or causes to

10-23 be accessed,

10-24 equipment or supplies that are used or intended to be used in a computer,

10-25 system or network is guilty of a misdemeanor.

10-26 3. Except as otherwise provided in subsection [5,] 6, a person who

10-27 knowingly, [willingly] willfully and without authorization:

10-28 (a) Destroys;

10-29 (b) Damages;

10-30 (c) Takes;

10-31 (d) Alters;

10-32 (e) Transfers;

10-33 (f) Discloses;

10-34 (g) Conceals;

10-35 (h) Copies;

10-36 (i) Uses;

10-37 (j) Retains possession of; or

10-38 (k) Obtains or attempts to obtain access to, permits access to or causes

10-39 to be accessed,

10-40 a computer, system or network is guilty of a misdemeanor.

10-41 4. Except as otherwise provided in subsection [5,] 6, a person who

10-42 knowingly, [willingly] willfully and without authorization:

10-43 (a) Obtains and discloses;

11-1 (b) Publishes;

11-2 (c) Transfers; or

11-3 (d) Uses,

11-4 a device used to access a computer, network or data is guilty of a

11-5 misdemeanor.

11-6 5. Except as otherwise provided in subsection 6, a person who

11-7 knowingly, willfully and without authorization introduces, causes to be

11-8 introduced or attempts to introduce a computer contaminant into a

11-9 computer, system or network is guilty of a misdemeanor.

11-10 6. If the violation of any provision of this section:

11-11 (a) Was committed to devise or execute a scheme to defraud or illegally

11-12 obtain property;

11-13 (b) Caused damage in excess of $500; or

11-14 (c) Caused an interruption or impairment of a public service, [such as]

11-15 including, without limitation, a governmental operation, a system of

11-16 public communication or transportation or a supply of water, gas or

11-17 electricity,

11-18 the person is guilty of a category C felony and shall be punished as

11-19 provided in NRS 193.130, and may be further punished by a fine of not

11-20 more than $100,000. In addition to any other penalty, the court shall order

11-21 the person to pay restitution.

11-22 Sec. 29. NRS 205.477 is hereby amended to read as follows:

11-23 205.477 1. Except as otherwise provided in [subsection 3,]

11-42 restitution.

12-1 4. It is an affirmative defense to a charge made pursuant to this

12-2 section that at the time of the alleged offense the defendant reasonably

12-3 believed that:

12-4 (a) He was authorized to use or access the computer, system, network,

12-5 telecommunications device, telecommunications service or information

12-6 service and such use or access by the defendant was within the scope of

12-7 that authorization; or

12-8 (b) The owner or other person authorized to give consent would

12-9 authorize the defendant to use or access the computer, system, network,

12-10 telecommunications device, telecommunications service or information

12-11 service.

12-12 5. A defendant who intends to offer an affirmative defense described

12-13 in subsection 4 at a trial or preliminary hearing must, not less than 14

12-14 days before the trial or hearing or at such other time as the court may

12-15 direct, file and serve on the prosecuting attorney a written notice of that

12-16 intent.

12-17 Sec. 30. NRS 205.481 is hereby amended to read as follows:

12-18 205.481 A person who knowingly, willfully and without authorization

12-23 category D felony and shall be punished as provided in NRS 193.130.

12-24 Sec. 31. NRS 205.485 is hereby amended to read as follows:

12-25 205.485 An employee is presumed to have the authority to access and

12-33 the contrary.

12-34 Sec. 32. NRS 205.491 is hereby amended to read as follows:

12-35 205.491 1. If it appears that a person has engaged in or is about to

12-43 person.

13-1 (b) Does not preclude the criminal prosecution and punishment of a

13-2 violator.

13-3 Sec. 33. NRS 205.506 is hereby amended to read as follows:

13-4 205.506 1. It is unlawful for a person knowingly [or] and with the

13-42 limitation, quantity or volume, indicate possession for resale.

14-1 [6.] (f) Manufacture, import, distribute, advertise, sell, lease, or offer to

14-2 sell or lease a device or a plan or kit for a device designed to receive

14-3 [mobile telephone] an information service offered for sale by a [supplier,]

14-4 provider, whether or not the service is encoded or otherwise made

14-5 unintelligible, without full payment. The requisite intent may be inferred

14-6 from proof that the [accused] person has sold, leased or offered to sell or

14-7 lease any such device, plan or kit and stated or implied to the buyer or

14-8 lessee that it will enable him to obtain [mobile telephone] an information

14-9 service without charge.

14-10 [7.] (g) Possess any other materials for the purpose of creating a device

14-11 or a kit for a device designed to obtain [mobile telephone] an information

14-12 service in any manner prohibited pursuant to this section.

14-13 2. This section does not prohibit or restrict a holder of an amateur

14-14 service license issued by the Federal Communications Commission from

14-15 possessing or using a radio receiver or transceiver that is intended

14-16 primarily for use in the amateur radio service and is used for lawful

14-17 purposes.

14-18 3. A person who violates any provision of this section is guilty of a

14-19 category D felony and shall be punished as provided in NRS 193.130.

14-20 Sec. 34. NRS 179.121 is hereby amended to read as follows:

14-21 179.121 1. All personal property, including , without limitation, any

14-42 of the conveyance is a consenting party or privy to the felony or violation;

15-1 (b) A conveyance is not subject to forfeiture under this section by reason

15-2 of any act or omission established by the owner thereof to have been

15-3 committed or omitted without his knowledge, consent or willful blindness;

15-4 (c) A conveyance is not subject to forfeiture for a violation of NRS

15-5 202.300 if the firearm used in the violation of that section was not loaded at

15-6 the time of the violation; and

15-7 (d) A forfeiture of a conveyance encumbered by a bona fide security

15-8 interest is subject to the interest of the secured party if he neither had

15-9 knowledge of nor consented to the felony. If a conveyance is forfeited the

15-10 appropriate law enforcement agency may pay the existing balance and

15-11 retain the conveyance for official use.

15-12 3. For the purposes of this section, a firearm is loaded if:

15-13 (a) There is a cartridge in the chamber of the firearm;

15-14 (b) There is a cartridge in the cylinder of the firearm, if the firearm is a

15-15 revolver; or

15-16 (c) There is a cartridge in the magazine and the magazine is in the

15-17 firearm or there is a cartridge in the chamber, if the firearm is a

15-18 semiautomatic firearm.

15-19 Sec. 35. Chapter 209 of NRS is hereby amended by adding thereto a

15-20 new section to read as follows:

15-21 1. Except as otherwise provided in subsection 2, the warden or

15-22 manager of an institution or facility shall ensure that no offender in the

15-23 institution or facility has access to a telecommunications device.

15-24 2. An offender may use a telephone subject to the limitations set

15-25 forth in NRS 209.419.

15-26 3. As used in this section, "telecommunications device" means a

15-27 device that can be used by an offender to communicate with a person

15-28 outside of the institution or facility at which the offender is incarcerated.

15-29 The term includes, without limitation, a telephone, a cellular telephone

15-30 or a computer that is connected to a computer network or is otherwise

15-31 capable of communicating with a person or device outside of the facility.

15-32 Sec. 36. NRS 209.461 is hereby amended to read as follows:

15-33 209.461 1. The director shall:

15-43 NRS 209.463. Authorization to make the deductions pursuant to NRS

16-1 209.463 is implied from the employment of an offender and a signed

16-2 authorization from the offender is not required for the director to make the

16-3 deductions pursuant to NRS 209.463.

16-4 (c) Use the earnings from services and manufacturing conducted by the

16-5 institutions and the money paid by private employers who employ the

16-6 offenders to offset the costs of operating the prison system and to provide

16-7 wages for the offenders being trained or employed.

16-8 (d) Provide equipment, space and management for services and

16-9 manufacturing by offenders.

16-10 (e) Employ craftsmen and other personnel to supervise and instruct

16-11 offenders.

16-12 (f) Except as otherwise provided in NRS 209.383, contract with

16-13 governmental agencies and private employers for the employment of

16-14 offenders, including their employment on public works projects under

16-15 contracts with the state and with local governments.

16-16 (g) Contract for the use of offenders’ services and for the sale of goods

16-17 manufactured by offenders.

16-18 2. Every program for the employment of offenders established by the

16-19 director must:

16-20 (a) Employ the maximum number of offenders possible;

16-21 (b) Except as otherwise provided in NRS 209.192, provide for the use

16-22 of money produced by the program to reduce the cost of maintaining the

16-23 offenders in the institutions;

16-24 (c) Have an insignificant effect on the number of jobs available to the

16-25 residents of this state; and

16-26 (d) Provide occupational training for offenders.

16-27 3. An offender may not engage in vocational training, employment

16-28 or a business that requires or permits the offender to:

16-29 (a) Telemarket or conduct opinion polls by telephone; or

16-30 (b) Acquire, review, use or have control over or access to personal

16-31 information concerning any person who is not incarcerated.

16-32 4. Each fiscal year, the cumulative profits and losses, if any, of the

16-33 programs for the employment of offenders established by the director must

16-34 result in a profit for the department. The following must not be included in

16-35 determining whether there is a profit for the department:

16-36 (a) Fees credited to the fund for prison industries pursuant to NRS

16-37 482.268, any revenue collected by the department for the leasing of space,

16-38 facilities or equipment within the institutions or facilities of the department

16-39 and any interest or income earned on the money in the fund for prison

16-40 industries.

16-41 (b) The selling expenses of the central administrative office of the

16-42 programs for the employment of offenders. As used in this paragraph,

16-43 "selling expenses" means delivery expenses, salaries of sales personnel and

17-1 related payroll taxes and costs, the costs of advertising and the costs of

17-2 display models.

17-3 (c) The general and administrative expenses of the central administrative

17-4 office of the programs for the employment of offenders. As used in this

17-5 paragraph, "general and administrative expenses" means the salary of the

17-6 assistant director of industrial programs and the salaries of any other

17-7 personnel of the central administrative office and related payroll taxes and

17-8 costs, the costs of telephone usage and the costs of office supplies used and

17-9 postage used.

17-10 [4. The]

17-11 5. Except as otherwise provided in subsection 3, the director may,

17-12 with the approval of the board:

17-13 (a) Lease spaces and facilities within any institution of the department to

17-14 private employers to be used for the vocational training and employment of

17-15 offenders.

17-16 (b) Grant to reliable offenders the privilege of leaving institutions or

17-17 facilities of the department at certain times for the purpose of vocational

17-18 training or employment.

17-19 [5.] 6. The provisions of this chapter do not create a right on behalf of

17-20 the offender to employment or to receive the federal or state minimum

17-21 wage for any employment and do not establish a basis for any cause of

17-22 action against the state or its officers or employees for employment of an

17-23 offender or for payment of the federal or state minimum wage to an

17-24 offender.

17-25 Sec. 37. NRS 209.4814 is hereby amended to read as follows:

17-26 209.4814 The advisory board shall:

17-42 proposed program.

18-1 7. Review each industry program established pursuant to subsection 2

18-2 of NRS 209.461 to determine whether the program is operating profitably

18-3 within 3 years after its establishment. If the advisory board determines that

18-4 a program is not operating profitably within 3 years after its establishment,

18-5 the advisory board shall report its finding to the director with

18-6 recommendation regarding whether the program should be continued or

18-7 terminated.

18-8 Sec. 38. Chapter 242 of NRS is hereby amended by adding thereto a

18-9 new section to read as follows:

18-10 1. A state agency that uses at least one computer in the course of its

18-11 work shall:

18-12 (a) Create a written policy setting forth the appropriate uses of the

18-13 computers of the state agency; and

18-14 (b) Provide all employees of the state agency with a copy of the written

18-15 policy.

18-16 2. As used in this section, "state agency" means an agency, bureau,

18-17 board, commission, department, division or any other unit of the

18-18 executive department of the government of this state.

18-19 Sec. 39. NRS 244A.7641 is hereby amended to read as follows:

18-20 244A.7641 As used in NRS 244A.7641 to 244A.7647, inclusive,

18-23 ascribed to them in NRS 205.505.] means cellular or other service to a

18-24 telephone installed in a vehicle or otherwise portable.

18-25 2. "Supplier" means a person authorized by the Federal

18-26 Communications Commission to provide mobile telephone service.

18-27 Sec. 40. Chapter 598 of NRS is hereby amended by adding thereto the

18-28 provisions set forth as sections 41 to 46, inclusive, of this act.

18-29 Sec. 41. As used in sections 41 to 46, inclusive, of this act, unless the

18-30 context otherwise requires, the words and terms defined in sections 42

18-31 and 43 of this act have the meanings ascribed to them in those sections.

18-32 Sec. 42. "Provider" means:

18-33 1. A person who is in the business of providing a telecommunications

18-34 service;

18-35 2. An agent, employee, independent contractor or representative of a

18-36 person who is in the business of providing a telecommunications service;

18-37 or

18-38 3. A person who originates a charge for a telecommunications

18-39 service and directly or indirectly bills a customer for the charge.

18-40 Sec. 43. "Telecommunications service" means a service that is

18-41 designed or has the capability to generate, process, store, retrieve,

18-42 convey, emit, transmit, receive, relay, record or reproduce any data,

18-43 information, image, program, signal or sound over a communications

19-1 system or network, including, without limitation, a communications

19-2 system or network that uses analog, digital, electronic, electromagnetic,

19-3 magnetic or optical technology.

19-4 Sec. 44. A provider shall not:

19-5 1. Make a statement or representation regarding the provision of a

19-6 telecommunications service, including, without limitation, a statement

19-7 regarding the rates, terms or conditions of a telecommunications service,

19-8 that:

19-9 (a) Is false, misleading or deceptive; or

19-10 (b) Fails to include material information which makes the statement

19-11 or representation false, misleading or deceptive.

19-12 2. Misrepresent his identity.

19-13 3. Falsely state to a person that the person has subscribed or

19-14 authorized a subscription to or has received a telecommunications

19-15 service.

19-16 4. Omit, when explaining the terms and conditions of a subscription

19-17 to a telecommunications service, a material fact concerning the

19-18 subscription.

19-19 5. Fail to provide a customer with timely written notice containing:

19-20 (a) A clear and detailed description relating directly to the services for

19-21 which the customer is being billed and the amount the customer is being

19-22 charged for each service;

19-23 (b) All terms and conditions relating directly to the services provided;

19-24 and

19-25 (c) The name, address and telephone number of the provider.

19-26 6. Fail to honor, within a reasonable period, a request of a customer

19-27 to cancel a telecommunications service pursuant to the terms and

19-28 conditions for the service.

19-29 7. Bill a customer for a telecommunications service after the

19-30 customer has canceled the telecommunications service pursuant to the

19-31 terms and conditions of the service.

19-32 8. Bill a customer for services that the provider knows the customer

19-33 has not authorized, unless the service is required to be provided by law.

19-34 The failure of a customer to refuse a proposal from a provider does not

19-35 constitute specific authorization.

19-36 9. Change a customer’s subscription to a local exchange carrier or

19-37 an interexchange carrier unless:

19-38 (a) The customer has authorized the change within the 30 days

19-39 immediately preceding the date of the change; and

19-40 (b) The provider complies with the provisions of 47 U.S.C. § 258, as

19-41 amended, and the verification procedures set forth in 47 C.F.R. part 64,

19-42 subpart K, as amended.

20-1 10. Fail to provide to a customer who has authorized the provider to

20-2 change his subscription to a local exchange carrier or an interexchange

20-3 carrier a written confirmation of the change within 30 days after the date

20-4 of the change.

20-5 11. Propose or enter into a contract with a person that purports to:

20-6 (a) Waive the protection afforded to the person by any provision of

20-7 this section; or

20-8 (b) Authorize the provider or an agent, employee, independent

20-9 contractor or representative of the provider to violate any provision of

20-10 this section.

20-11 Sec. 45. A provider who is a local exchange carrier shall, in a

20-12 competitively neutral manner, offer to each customer the opportunity to

20-13 freeze the interexchange carrier selected by the customer.

20-14 Sec. 46. 1. The remedies, duties and prohibitions of sections 41 to

20-15 46, inclusive, are not exclusive and are in addition to any other remedies

20-16 provided by law.

20-17 2. A violation of any provision of sections 41 to 46, inclusive, of this

20-18 act constitutes a deceptive trade practice for the purposes of NRS

20-19 598.0903 to 598.0999, inclusive.

20-20 Sec. 47. NRS 711.040 is hereby amended to read as follows:

20-21 711.040 1. "Community antenna television system" means any

20-41 hotel, motel, condominium, town house or other similar dwelling.

21-1 Sec. 48. NRS 711.270 is hereby amended to read as follows:

21-2 711.270 1. [Any person who knowingly:

21-34 whether direct or indirect, is guilty of a gross misdemeanor.

21-35 4. A person who violates paragraph (d) of subsection 1:

21-36 (a) If the violation involves nine or fewer devices, is guilty of a gross

21-37 misdemeanor.

21-38 (b) If the violation involves 10 or more devices, is guilty of a category

21-39 D felony and shall be punished as provided in NRS 193.130.

21-40 Sec. 49. NRS 711.280 is hereby amended to read as follows:

21-41 711.280 1. [Any] A person who violates paragraph (a) , (b) or (c) of

21-43 addition to being criminally liable pursuant to NRS 711.270, civilly liable

22-1 to the community antenna television company injured by [such] the

22-2 conduct for $3,500 or three times any actual damages incurred by the

22-3 company , whichever is greater, and reasonable attorney’s fees . [, but not

22-4 more than the amount provided in NRS 73.010 as the jurisdictional limit

22-5 for small claims in justices’ courts.]

22-6 2. A person who violates paragraph (d) of subsection 1 of NRS

22-7 711.270 is, in addition to being criminally liable pursuant to NRS

22-8 711.270, civilly liable to the community antenna television company

22-9 injured by the conduct for $5,000 or three times any actual damages

22-10 incurred by the company, whichever is greater, and reasonable attorney’s

22-11 fees.

22-12 3. In any action brought [under] pursuant to this section, proof that

22-13 any of the acts prohibited in subsection 1 were committed on or about the

22-14 premises occupied by the defendant is prima facie evidence that such acts

22-15 were committed by the defendant.

22-16 [2.] 4. An owner or operator of a community antenna television

22-17 company may bring an action to enjoin any violation of NRS 711.270.

22-18 Sec. 50. NRS 711.285 is hereby amended to read as follows:

22-19 711.285 A local government may recover from a person who is

22-24 711.270 or 711.280.

22-25 Sec. 51. NRS 205.505, 205.507 and 205.508 are hereby repealed.

22-26 Sec. 52. 1. There is hereby appropriated from the state general fund

22-27 to the attorney general, for the office of the executive director created

22-28 pursuant to section 8 of this act:

22-29 For the fiscal year 1999-2000 $81,429

22-30 For the fiscal year 2000-2001 $78,572

22-31 2. Any remaining balance of the appropriation made by subsection 1

22-32 for:

22-33 (a) The fiscal year 1999-2000 must be transferred and added to the

22-34 money appropriated for the fiscal year 2000-2001.

22-35 (b) The fiscal year 2000-2001, including any money added thereto

22-36 pursuant to paragraph (a), must not be committed for expenditure after
22-37 June 30, 2001, and reverts to the state general fund as soon as all payments

22-38 of money committed have been made.

22-39 Sec. 53. The amendatory provisions of this act do not apply to

22-40 offenses committed before the effective date of this act.

22-41 Sec. 54. This act becomes effective upon passage and approval.

23-1 TEXT OF REPEALED SECTIONS

23-2 205.505 Definitions. As used in NRS 205.505 to 205.508, inclusive:

23-6 Communications Commission to provide mobile telephone service.

23-7 205.507 Civil action by supplier. In addition to the penalties

23-9 loss or injury incurred through a violation of NRS 205.506.

23-10 205.508 Criminal penalty. A person who violates the provisions of

23-11 NRS 205.506 is guilty of a category D felony and shall be punished as

23-12 provided in NRS 193.130.".