2001 REGULAR SESSION (71st) CA SB489 R2 CA14
Amendment Box: Resolves conflicts with A.B. No. 77, A.B. No. 227, A.B. No. 581, A.B. No. 638, S.B. No. 87, S.B. No. 139, S.B. No. 466 and S.B. No. 502. Makes substantive change.
Resolves Conflicts with: AB77, AB227, AB581, AB638, SB87, SB139, SB466, SB502
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 3, page 2, line 30, after “deputy,” by inserting:
“an assistant treasurer,”.
Amend sec. 10, page 7, line 4, by deleting “section,” and inserting:
“section and NRS 33.017 to 33.100, inclusive, and section 1 of Assembly Bill No. 581 of this[act,] session,”.
Amend sec. 10, page 8, line 20, by deleting “half” and inserting “one-half”.
Amend sec. 13, page 9, by deleting lines 14 and 15 and inserting:
“fund for use by the director of the department of”.
Amend sec. 25, page 11, line 4, by deleting “[5] 3” and inserting “3”.
Amend sec. 25, page 12, line 12, by deleting “5” and inserting “3”.
Amend the bill as a whole by deleting sec. 26 and inserting:
“Sec. 26. (Deleted by amendment.)”.
Amend sec. 27, page 12, line 48, by deleting “5” and inserting “3”.
Amend sec. 27, page 13, line 23, by deleting “5” and inserting “3”.
Amend sec. 29, page 13, line 34, by deleting “5” and inserting “3”.
Amend the bill as a whole by deleting sec. 30 and inserting:
“Sec. 30. (Deleted by amendment.)”.
Amend sec. 33, page 15, by deleting line 14 and inserting:
“before November 1 of each 3-year period after November 1, 1999, which”.
Amend sec. 50, page 23, by deleting lines 40 through 43 and inserting:
“subsections 5 and 6, the state controller shall distribute the money received to the following public agencies in the following manner:
(a) Not less than 51 percent to the office of the court”.
Amend sec. 68, page 32, line 47, by deleting “5” and inserting “3”.
Amend sec. 68, page 33, lines 1 and 7, by deleting “5” and inserting “3”.
Amend sec. 69, page 33, lines 26, 29 and 35, by deleting “5” and inserting “3”.
Amend the bill as a whole by adding new sections, designated sections 71.1, 71.3, 71.5, 71.7 and 71.9, following sec. 71, to read as follows:
“Sec. 71.1. Section 3 of Assembly Bill No. 227 of this session is hereby amended to read as follows:
Sec. 3. NRS 294A.420 is hereby amended to read as follows:
294A.420 1. If the secretary of state receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the secretary of state may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.
2. Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited by the secretary of state for credit to the state general fund in the bank designated by the state treasurer.
3. If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
4. For good cause shown, the secretary of state may waive a civil penalty that would otherwise be imposed pursuant to this section. If the secretary of state waives a civil penalty pursuant to this subsection, the secretary of state shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
Sec. 71.3. Section 25 of Assembly Bill No. 638 of this session is hereby amended to read as follows:
Sec. 25. NRS 281.581 is hereby amended to read as follows:
281.581 1. A candidate for public office or public [or judicial] officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. Except as otherwise provided in subsection 3, the amount of the civil penalty is:
(a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.
(b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.
(c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.
2. The commission may, for good cause shown, waive or reduce the civil penalty.
3. The civil penalty imposed for a violation of this section must not exceed the annual compensation for the office for which the statement was filed.
4. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited by the commission in the account for credit to the state general fundin the bank designated by the state treasurer.
5. If the commission waives a civil penalty pursuant to subsection 2, the commission shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
Sec. 71.5. Section 27 of Assembly Bill No. 638 of this session is hereby amended to read as follows:
Sec. 27. [Section] Sections 20 and 25 of this act [becomes] become effective at 12:01 a.m. on October 1, 2001.
Sec. 71.7. Section 1 of Senate Bill No. 87 of this session is hereby amended to read as follows:
Section 1. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
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The person shall be further punished by a fine of not less
than $200, but not more than $1,000. A term of imprisonment imposed pursuant to
this paragraph may be served intermittently at the discretion of the judge or
justice of the peace, except that each period of confinement must be not less
than 4 consecutive hours and must occur at a time when the person is not
required to be at his place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
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The person shall be further punished by a fine of not less
than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
(b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
3. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
4. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state controller on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.
5. In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the health division of the department of human resources.
6. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides protective services. If the court refers a child to an agency which provides protective services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.
7. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
[7.] 8. As used in this section:
(a) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.
(b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481 . [; and
(b)] (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 71.9. Section 7 of Senate Bill No. 466 of this session is hereby amended to read as follows:
Sec. 7. NRS 281.581 is hereby amended to read as follows:
281.581 1. A candidate or public or judicial officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. [The] Except as otherwise provided in subsection 3, the amount of the civil penalty is:
(a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.
(b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.
(c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.
2. The commission may, for good cause shown, waive or reduce the civil penalty.
3. The civil penalty imposed for a violation of this section must not exceed the annual compensation for the office for which the statement was filed.
4. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited by the commission in the account for credit to the state general fundin the bank designated by the state treasurer.
[4.] 5. If the commission waives a civil penalty pursuant to subsection 2, the commission shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.”.
Amend sec. 73, page 34, by deleting lines 40 through 43 and inserting:
“2. Sections 1, 2, 5, 6, 7, 11, 12, 13, 49, 51 to 67, inclusive, and 70 to 71.9, inclusive, of this act become effective on July 1, 2001.
3. Section 10 of this act becomes effective at 12:01 a.m. on July 1, 2001.
4. Section 50 of this act becomes effective at 12:02 a.m. on July 1, 2001.”.