Senate Bill No. 29–Committee on Judiciary

 

CHAPTER..........

 

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. NRS 20.015 is hereby amended to read as follows:

1-2    20.015  Whenever a party to an action or proceeding desires to give an

1-3   undertaking pursuant to any provision of Titles 2 to 6 of NRS, it is

1-4   sufficient if the sureties sign an undertaking indicating that they are bound

1-5   to the obligations imposed by the statute under which the undertaking is

1-6   given. Such undertaking may be in substantially the following form:

 

1-7  UNDERTAKING

 

1-8  State of Nevada  }

1-9                   }ss.

1-10  County of}

 

1-11    In the ............................... court ................................ (state title of the

1-12   action). Whereas the above named ................................ desires to give an

1-13   undertaking for ................................ (state purpose) as provided by NRS

1-14   ................ Now, therefore, we the undersigned sureties, do hereby obligate

1-15   ourselves, jointly and severally to ................................ (name the obligee)

1-16   under the provisions of NRS ................ in the sum of $............. Dated this

1-17   ............. day of […………, A.D. 19…..] the month of .....……. of the

1-18   year …….

 

1-19                                                                               .....................................

1-20                                          (Signature of Principal)

 

1-21                                                                               .....................................

 

1-22                                                                               .....................................

1-23                                           (Signature of Sureties)

 

1-24    Sec. 2.  NRS 21.025 is hereby amended to read as follows:

1-25    21.025  A writ of execution issued on a judgment for the recovery of

1-26   money must be substantially in the following form:

 

1-27  (Title of the Court)

1-28  (Number and abbreviated title of the case)

1-29                                                       EXECUTION

 

2-1  THE PEOPLE OF THE STATE OF NEVADA:

 

2-2  To the sheriff of ................................ County.

 

2-3  Greetings:

 

2-4  On [……………., 19….,] ....……..(month)......(day)......(year), a judgment

2-5   was entered by the above-entitled court in the above-entitled action in

2-6   favor of ........................ as judgment creditor and against ....................... as

2-7   judgment debtor for:

 

2-8  $. principal,

2-9  $. attorney’s fees,

2-10  $ interest, and

2-11  $ costs, making a total amount of

2-12  $ the judgment as entered, and

 

2-13    WHEREAS, according to an affidavit or a memorandum of costs after

2-14   judgment, or both, filed herein, it appears that further sums have accrued

2-15   since the entry of judgment, to wit:

 

2-16  $ accrued interest, and

2-17  $ accrued costs, together with $........ fee, for the issuance of this

2-18   writ, making a total of

2-19  $ as accrued costs, accrued interest and fees.

2-20  Credit must be given for payments and partial satisfactions in the amount

2-21   of

2-22  $

2-23  which is to be first credited against the total accrued costs and accrued

2-24   interest, with any excess credited against the judgment as entered, leaving

2-25   a net balance of

2-26  $

2-27  actually due on the date of the issuance of this writ, of which

2-28  $

2-29  bears interest at ........ percent per annum, in the amount of $........ per day,

2-30   from the date of judgment to the date of levy, to which must be added the

2-31   commissions and costs of the officer executing this writ.

 

2-32    NOW, THEREFORE, SHERIFF OF ........................................

2-33   COUNTY, you are hereby commanded to satisfy this judgment with

2-34   interest and costs as provided by law, out of the personal property of the

2-35   judgment debtor, except that for any pay period, 75 percent of the

2-36   disposable earnings of the debtor during this period or for each week of

2-37   the period 30 times the minimum hourly wage prescribed by section

2-38   6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the

2-39   time the earnings are payable, whichever is greater, is exempt from any

2-40   levy of execution pursuant to this writ, and if sufficient personal property

2-41   cannot be found, then out of the real property belonging to the debtor in

2-42   the aforesaid county, and make return to this writ within not less than 10

2-43   days nor more than 60 days endorsed thereon with what you have done.

3-1    Dated: This .......... day of […………, 19…..] the month of .......….. of

3-2  the year …….

3-3  ........................., Clerk.

3-4  By,......................... Deputy Clerk.

 

3-5    Sec. 3.  NRS 31.290 is hereby amended to read as follows:

3-6    31.290  1.  The interrogatories to the garnishee may be in substance as

3-7   follows:

 

3-8  INTERROGATORIES

 

3-9    Are you in any manner indebted to the defendants

3-10  ............................................................................

3-11  ........................................................................... ,

3-12  or either of them, either in property or money, and is the debt now due? If

3-13   not due, when is the debt to become due? State fully all particulars.

3-14    Answer:..............................................................

3-15  ............................................................................

3-16    Are you an employer of one or all of the defendants? If so, state the

3-17   length of your pay period and the amount each defendant presently earns

3-18   during a pay period.

3-19    Answer:..............................................................

3-20  ............................................................................

3-21    Did you have in your possession, in your charge or under your control,

3-22   on the date the writ of garnishment was served upon you, any money,

3-23   property, effects, goods, chattels, rights, credits or choses in action of the

3-24   defendants, or either of them, or in which ............................ is interested?

3-25   If so, state its value, and state fully all particulars.

3-26    Answer:..............................................................

3-27  ............................................................................

3-28    Do you know of any debts owing to the defendants, whether due or not

3-29   due, or any money, property, effects, goods, chattels, rights, credits or

3-30   choses in action, belonging to ............... or in which ........................... is

3-31   interested, and now in the possession or under the control of others? If so,

3-32   state particulars.

3-33    Answer:..............................................................

3-34  ............................................................................

3-35    State your correct name and address, or the name and address of your

3-36   attorney upon whom written notice of further proceedings in this action

3-37   may be served.

3-38    Answer:..............................................................

3-39  ............................................................................

3-40                                                                               .....................................

3-41                                                    Garnishee

3-42    I (insert the name of the garnishee), do solemnly swear (or affirm) that

3-43   the answers to the foregoing interrogatories by me subscribed are true.

3-44                                                                               .....................................

3-45                                               (Signature of garnishee)

4-1    SUBSCRIBED and SWORN to before me this ........ day of

4-2  [……………, 19….] the month of …………… of the year ........

 

4-3    2.  The garnishee shall answer the interrogatories in writing upon oath

4-4   or affirmation and file his answers or cause them to be filed in the proper

4-5   court within the time required by the writ. If he fails to do so, he shall be

4-6   deemed in default.

4-7    Sec. 4.  NRS 34.735 is hereby amended to read as follows:

4-8    34.735  A petition must be in substantially the following form, with

4-9   appropriate modifications if the petition is filed in the supreme court:

 

4-10  Case No....

4-11  Dept. No...

 

 

4-12  IN THE .................. JUDICIAL DISTRICT COURT OF THE

4-13  STATE OF NEVADA IN AND FOR THE COUNTY OF..................

 

4-14  ........................

4-15      Petitioner,

 

 

4-16           v.                            PETITION FOR WRIT

4-17                                          OF HABEAS CORPUS

4-18                                          (POST-CONVICTION)

4-19  ........................

4-20      Respondent.

 

4-21  INSTRUCTIONS:

4-22    (1) This petition must be legibly handwritten or typewritten, signed by

4-23   the petitioner and verified.

4-24    (2) Additional pages are not permitted except where noted or with

4-25   respect to the facts which you rely upon to support your grounds for relief.

4-26   No citation of authorities need be furnished. If briefs or arguments are

4-27   submitted, they should be submitted in the form of a separate

4-28   memorandum.

4-29    (3) If you want an attorney appointed, you must complete the Affidavit

4-30   in Support of Request to Proceed in Forma Pauperis. You must have an

4-31   authorized officer at the prison complete the certificate as to the amount of

4-32   money and securities on deposit to your credit in any account in the

4-33   institution.

4-34    (4) You must name as respondent the person by whom you are confined

4-35   or restrained. If you are in a specific institution of the department of

4-36   prisons, name the warden or head of the institution. If you are not in a

4-37   specific institution of the department but within its custody, name the

4-38   director of the department of prisons.

4-39    (5) You must include all grounds or claims for relief which you may

4-40   have regarding your conviction or sentence. Failure to raise all grounds in

4-41   this petition may preclude you from filing future petitions challenging

4-42   your conviction and sentence.

5-1    (6) You must allege specific facts supporting the claims in the petition

5-2  you file seeking relief from any conviction or sentence. Failure to allege

5-3   specific facts rather than just conclusions may cause your petition to be

5-4   dismissed. If your petition contains a claim of ineffective assistance of

5-5   counsel, that claim will operate to waive the attorney-client privilege for

5-6   the proceeding in which you claim your counsel was ineffective.

5-7    (7) When the petition is fully completed, the original and one copy must

5-8   be filed with the clerk of the state district court for the county in which

5-9   you were convicted. One copy must be mailed to the respondent, one copy

5-10   to the attorney general’s office, and one copy to the district attorney of the

5-11   county in which you were convicted or to the original prosecutor if you are

5-12   challenging your original conviction or sentence. Copies must conform in

5-13   all particulars to the original submitted for filing.

 

5-14  PETITION

 

5-15  1.  Name of institution and county in which you are presently

5-16   imprisoned or where and how you are presently restrained of your liberty: ....................................................................

5-17  ............................................................................

5-18  2.  Name and location of court which entered the judgment of

5-19   conviction under attack: ......................................

5-20  ............................................................................

5-21  ........................ 3.  Date of judgment of conviction:     

5-22  .................................................. 4.  Case number:     

5-23  ..................................... 5.  (a) Length of sentence:     

5-24  ............................................................................

5-25  (b) If sentence is death, state any date upon which execution is

5-26   scheduled:...........................................................

5-27    6.  Are you presently serving a sentence for a conviction other than the

5-28   conviction under attack in this motion? Yes ........ No ........

5-29  If “yes,” list crime, case number and sentence being served at this time: .......................................................................

5-30  ............................................................................

5-31  ............................................................................

5-32  7.  Nature of offense involved in conviction being challenged:   

5-33  ............................................................................

5-34    8.  What was your plea? (check one)

5-35    (a) Not guilty ........

5-36    (b) Guilty ........

5-37    (c) Guilty but mentally ill .......

5-38    (d) Nolo contendere ........

5-39  9.  If you entered a plea of guilty or guilty but mentally ill to one count

5-40   of an indictment or information, and a plea of not guilty to another count

5-41   of an indictment or information, or if a plea of guilty or guilty but mentally

5-42   ill was negotiated, give details: .............................

5-43  ............................................................................

5-44  ............................................................................

5-45    10.  If you were found guilty after a plea of not guilty, was the finding

5-46   made by: (check one)

5-47    (a) Jury ........

5-48    (b) Judge without a jury ........

6-1    11.  Did you testify at the trial? Yes ........ No ........

6-2    12.  Did you appeal from the judgment of conviction? Yes ........
No ........

6-3    13.  If you did appeal, answer the following:

6-4  ................................................. (a) Name of court:     

6-5  ................................... (b) Case number or citation:     

6-6  ............................................................. (c) Result:     

6-7  .................................................. (d) Date of result:     

6-8    (Attach copy of order or decision, if available.)

6-9  14.  If you did not appeal, explain briefly why you did not:     

6-10  ............................................................................

6-11  ............................................................................

6-12    15.  Other than a direct appeal from the judgment of conviction and

6-13   sentence, have you previously filed any petitions, applications or motions

6-14   with respect to this judgment in any court, state or federal? Yes ........
No ........

6-15    16.  If your answer to No. 15 was “yes,” give the following

6-16   information:

6-17    (a)(1) Name of court: .........................................

6-18                                         .................................... (2) Nature of proceeding:     

6-19  ............................................................................

6-20                                                  ............................................. (3) Grounds raised:     

6-21  ............................................................................

6-22  ............................................................................

6-23      (4) Did you receive an evidentiary hearing on your petition,

6-24   application or motion?

6-25  Yes ........ No ........

6-26      (5) Result:    

6-27      (6) Date of result:   

6-28    (7) If known, citations of any written opinion or date of orders

6-29   entered pursuant to such result: ...........................

6-30  ............................................................................

6-31    (b) As to any second petition, application or motion, give the same

6-32   information:

6-33                                                   .............................................. (1) Name of court:     

6-34                                         .................................... (2) Nature of proceeding:     

6-35                                                  ............................................. (3) Grounds raised:     

6-36      (4) Did you receive an evidentiary hearing on your petition,

6-37   application or motion?

6-38  Yes ........ No ........

6-39                                                               ........................................................... (5) Result:     

6-40                                                     ................................................ (6) Date of result:     

6-41    (7) If known, citations of any written opinion or date of orders

6-42   entered pursuant to such result: ...........................

6-43  ............................................................................

6-44    (c) As to any third or subsequent additional applications or motions,

6-45   give the same information as above, list them on a separate sheet and

6-46   attach.

7-1    (d) Did you appeal to the highest state or federal court having

7-2  jurisdiction, the result or action taken on any petition, application or

7-3   motion?

7-4       (1) First petition, application or motion? Yes ........ No ........

7-5                                      Citation or date of decision:     

7-6       (2) Second petition, application or motion? Yes ........ No .........

7-7                                      Citation or date of decision:     

7-8       (3) Third or subsequent petitions, applications or motions? Yes .......

7-9   No ........

7-10                                     Citation or date of decision:     

7-11  (e) If you did not appeal from the adverse action on any petition,

7-12   application or motion, explain briefly why you did not. (You must
relate specific facts in response to this question. Your response may be

7-13  included on paper which is 8 1/2 by 11 inches attached to the petition.

7-14   Your response may not exceed five handwritten or typewritten pages in

7-15   length.) ...............................................................

7-16  ............................................................................

7-17  ............................................................................

7-18    17.  Has any ground being raised in this petition been previously

7-19   presented to this or any other court by way of petition for habeas corpus,

7-20   motion, application or any other post-conviction proceeding? If so,

7-21   identify:

7-22  .................... (a) Which of the grounds is the same:     

7-23  ............................................................................

7-24  (b) The proceedings in which these grounds were raised:       

7-25  ............................................................................

7-26  (c) Briefly explain why you are again raising these grounds. (You must

7-27   relate specific facts in response to this question. Your response may be

7-28   included on paper which is 8 1/2 by 11 inches attached to the petition.

7-29   Your response may not exceed five handwritten or typewritten pages in

7-30   length.) ...............................................................

7-31  ............................................................................

7-32  18.  If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed

7-33   on any additional pages you have attached, were not previously presented

7-34   in any other court, state or federal, list briefly what grounds were not
so presented, and give your reasons for not presenting them. (You must

7-35  relate specific facts in response to this question. Your response may be

7-36   included on paper which is 8 1/2 by 11 inches attached to the petition.

7-37   Your response may not exceed five handwritten or typewritten pages in

7-38   length.) ...............................................................

7-39  ............................................................................

7-40  19.  Are you filing this petition more than 1 year following the filing of

7-41   the judgment of conviction or the filing of a decision on direct appeal? If

7-42   so, state briefly the reasons for the delay. (You must relate specific facts in

7-43   response to this question. Your response may be included on paper which

7-44   is 8 1/2 by 11 inches attached to the petition. Your response may not

7-45   exceed five handwritten or typewritten pages in length.)        

7-46  ............................................................................

7-47    20.  Do you have any petition or appeal now pending in any court,

7-48   either state or federal, as to the judgment under attack? Yes ........ No ........

8-1  If yes, state what court and the case number: .........

8-2  ............................................................................

8-3    21.  Give the name of each attorney who represented you in the

8-4   proceeding resulting in your conviction and on direct appeal:

8-5  ............................................................................

8-6    22.  Do you have any future sentences to serve after you complete the

8-7   sentence imposed by the judgment under attack? Yes ........ No ........

8-8  If yes, specify where and when it is to be served, if you know:   

8-9  ............................................................................

8-10    23.  State concisely every ground on which you claim that you are

8-11   being held unlawfully. Summarize briefly the facts supporting each

8-12   ground. If necessary you may attach pages stating additional grounds and

8-13   facts supporting same.

8-14    (a) Ground one: .................................................

8-15  ............................................................................

8-16  Supporting FACTS (Tell your story briefly without citing cases or law.): ......................................................................

8-17  ............................................................................

8-18  ............................................................................

8-19    (b) Ground two: .................................................

8-20  ............................................................................

8-21  Supporting FACTS (Tell your story briefly without citing cases or law.): ......................................................................

8-22  ............................................................................

8-23  ............................................................................

8-24    (c) Ground three: ...............................................

8-25  ............................................................................

8-26  Supporting FACTS (Tell your story briefly without citing cases or law.): ......................................................................

8-27  ............................................................................

8-28  ............................................................................

8-29    (d) Ground four: ................................................

8-30  ............................................................................

8-31  Supporting FACTS (Tell your story briefly without citing cases or law.): ......................................................................

8-32  ............................................................................

8-33  ............................................................................

8-34    WHEREFORE, petitioner prays that the court grant petitioner relief to

8-35   which he may be entitled in this proceeding.

8-36    EXECUTED at ................... on the ....... day of […………, 19….] the

8-37   month of ....... of the year .......

 

8-38                                                                               ....................................

8-39                                            Signature of petitioner

8-40                                                                               ....................................

8-41                                                      Address

8-42  ..............................

8-43  Signature of attorney (if any)

8-44  ..............................

8-45  Attorney for petitioner

8-46  ..............................

8-47         Address

 

9-1  VERIFICATION

 

9-2    Under penalty of perjury, the undersigned declares that he is the

9-3   petitioner named in the foregoing petition and knows the contents thereof;

9-4   that the pleading is true of his own knowledge, except as to those matters

9-5   stated on information and belief, and as to such matters he believes them

9-6   to be true.

 

 

9-7                                                                               ....................................

9-8                                                      Petitioner

9-9                                                                               ....................................

9-10                                            Attorney for petitioner

 

9-11  CERTIFICATE OF SERVICE BY MAIL

 

9-12    I, ................................, hereby certify pursuant to N.R.C.P. 5(b), that on

9-13   this ........ day of [……………, 19….,] the month of ........ of the year

9-14   ........, I mailed a true and correct copy of the foregoing PETITION FOR

9-15   WRIT OF HABEAS CORPUS addressed to:

 

9-16                                                                               ...................................................

9-17  Respondent prison or jail official

9-18                                                                               ...................................................

9-19                 Address

9-20                                                                               ...................................................

9-21  Attorney General

9-22  Heroes’ Memorial Building

9-23  Capitol Complex

9-24  Carson City, Nevada 89710

9-25                                                                               ...................................................

9-26  District Attorney of County of Conviction

9-27                                                                               ...................................................

9-28                 Address

 

9-29                                                                               ....................................

9-30                                            Signature of Petitioner

 

9-31    Sec. 5.  NRS 34.830 is hereby amended to read as follows:

9-32    34.830  1.  Any order that finally disposes of a petition, whether or not

9-33   an evidentiary hearing was held, must contain specific findings of fact and

9-34   conclusions of law supporting the decision of the court.

9-35    2.  A copy of any decision or order discharging the petitioner from the

9-36   custody or restraint under which he is held, committing him to the custody

9-37   of another person, dismissing the petition or denying the requested relief

9-38   must be served by the clerk of the court upon the petitioner and his

9-39   counsel, if any, the respondent, the attorney general and the district

9-40   attorney of the county in which the petitioner was convicted.

9-41    3.  Whenever a decision or order described in this section is entered by

9-42   the district court, the clerk of the court shall prepare a notice in

10-1  substantially the following form and mail a copy of the notice to each

10-2  person listed in subsection 2:

 

10-3  Case No................

10-4  Dept. No...............

 

10-5  IN THE ....... JUDICIAL DISTRICT COURT OF THE

10-6  STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

 

10-7  ..............................

10-8        Petitioner,

 

10-9              v.                       NOTICE OF ENTRY OF

10-10                                        DECISION OR ORDER

 

10-11  .............................

10-12     Respondent.

 

10-13  PLEASE TAKE NOTICE that on [……….., 19….,] ..... (month) .....

10-14   (day) ..... (year), the court entered a decision or order in this matter, a true

10-15   and correct copy of which is attached to this notice.

10-16  You may appeal to the supreme court from the decision or order of this

10-17   court. If you wish to appeal, you must file a notice of appeal with the clerk

10-18   of this court within 33 days after the date this notice is mailed to you. This

10-19   notice was mailed on […………, 19….] ..... (month) ..... (day) ..... (year)

10-20  Dated [……….., 19….] ..... (month) ..... (day) ..... (year)

10-21                                                                              ...................................

10-22                                                Clerk of court

10-23  (SEAL)                            By ..............................

10-24                                                     Deputy

10-25  Sec. 6.  NRS 41.331 is hereby amended to read as follows:

10-26  41.331  As used in NRS 41.331 to 41.338, inclusive, [except where]

10-27   unless the context otherwise requires, the words and terms defined in NRS

10-28   41.332 to 41.335, inclusive, have the meanings ascribed to them in [NRS

10-29   41.332 to 41.335, inclusive.] those sections.

10-30  Sec. 7.  NRS 52.260 is hereby amended to read as follows:

10-31  52.260  1.  The contents of a record made in the course of a regularly

10-32   conducted activity in accordance with NRS 51.135, if otherwise

10-33   admissible, may be proved by the original or a copy of the record which is

10-34   authenticated by a custodian of the record or another qualified person in a

10-35   signed affidavit.

10-36  2.  The custodian of the record or other qualified person must verify in

10-37   the affidavit that the record was made:

10-38  (a) At or near the time of the act, event, condition, opinion or diagnosis

10-39   concerning which the information was recorded, by or from information

10-40   transmitted by a person with knowledge of the act or event; and

10-41  (b) In the course of the regularly conducted activity.

10-42  3.  The affidavit required by subsection 2 must be in substantially the

10-43   following form:

 

11-1  CERTIFICATE OF CUSTODIAN OF RECORDS

 

11-2  State of Nevada}

11-3                      }ss.

11-4  County of.... }

 

11-5    NOW COMES ................................, who after first being duly sworn

11-6   deposes and says:

11-7    1.  That the deponent is the ................ (position or title) ................ of

11-8   ............... (name of employer) ................ and in his capacity as ..............

11-9   (position or title) ................ is a custodian of the records of ............. (name

11-10   of employer) ................

11-11  2.  That ................. (name of employer) ................ is licensed to do

11-12   business as a ................... in the State of ................

11-13  3.  That on the ....... day of [……………, 19….,] the month of ....... of

11-14   the year ......., the deponent was served with a subpoena in connection
with the above-entitled cause, calling for the production of records

11-15  pertaining to .......................................................

11-16  ...........................................................................

11-17  ...........................................................................

11-18  ...........................................................................

11-19  4.  That the deponent has examined the original of those records and

11-20   has made or caused to be made a true and exact copy of them and that the

11-21   reproduction of them attached hereto is true and complete.

11-22  5.  That the original of those records was made at or near the time of

11-23   the act, event, condition, opinion or diagnosis recited therein by or from

11-24   information transmitted by a person with knowledge, in the course of a

11-25   regularly conducted activity of the deponent or ............ (name of

11-26   employer) ................

11-27  ....................................

 

11-28  Subscribed and sworn to before me, a Notary Public, on this ....... day of

11-29   [……………, 19…..] the month of ....... of the year .......

11-30  ...........................................................................

11-31  Notary Public ................ County, Nevada

11-32  My appointment expires:......................................

 

11-33  4.  A party intending to offer an affidavit pursuant to this section must

11-34   serve on the other parties a notice of the intent and make available for

11-35   inspection or copying the records of the regularly conducted activity at

11-36   least 10 days before the records are to be introduced at a hearing, unless

11-37   the court shortens this time for good cause shown.

11-38  5.  If during a trial or a proceeding for discovery, the authenticity of a

11-39   record of a regularly conducted activity is reasonably questioned or if an

11-40   interpretation of handwriting is in question, the court may order the

11-41   personal attendance of the custodian of the record or other qualified person

11-42   and may order that the original records be produced.

11-43  6.  For the purposes of this section:

12-1    (a) “Custodian of the records” means an employee or agent of an

12-2  employer who has the care, custody and control of the records of the

12-3   regularly conducted activity of the employer.

12-4    (b) “Employer” means:

12-5      (1) The State of Nevada, any state agency, county, city, town, school

12-6   district or other unit of local government;

12-7      (2) Any public or quasi-public corporation; or

12-8      (3) Any other person, firm, corporation, partnership or association.

12-9    (c) “Records” means memoranda, reports, records or compilations of

12-10   data in any form which are kept in the course of an activity which is

12-11   regularly conducted by an employer.

12-12  Sec. 8.  NRS 68.010 is hereby amended to read as follows:

12-13  68.010  The justice, on demand of a party in whose favor judgment is

12-14   rendered, must give him an abstract of the judgment in substantially the

12-15   following form (filling blanks according to the facts):

 

12-16  State of Nevada, ................ county, ................, plaintiff, v. ................,

12-17   defendant. In justice’s court, before ................, justice of the peace,

12-18   ................ township (or city), county ................[, 19….] (inserting date of

12-19   abstract). Judgment entered for plaintiff (or defendant) for $....., on the .....

12-20   day of ........ I certify that the foregoing is a correct abstract of a judgment

12-21   rendered in the action in my court, ................, or (as the case may be) in

12-22   the
court of ................, justice of the peace, as appears by his docket, now in

12-23  my possession, as his successor in office.

 

12-24  ................................... ,

12-25                                         Justice of the Peace.

 

12-26  Sec. 9.  NRS 108.2415 is hereby amended to read as follows:

12-27  108.2415  The debtor of the lien claimant or a party in interest in the

12-28   premises subject to the lien must obtain a surety bond executed by the

12-29   debtor of the lien claimant or a party in interest in the premises subject to

12-30   the lien, as principal, and executed by a corporation authorized to transact

12-31   surety business in this state, as surety, in substantially the following form:

 

12-32  (Title of court and cause, if action has been commenced)

 

12-33  WHEREAS, ................................ (name of owner, contractor, or other

12-34   person disputing lien) desires to give a bond for releasing the following

12-35   described real property from that certain claim of mechanic’s lien in the

12-36   sum of $................ recorded [……………, 19….,] ..... (month) ..... (day)

12-37   ..... (year) in the office of the recorder in ................................ (name of

12-38   county where the real property is situated):

12-39  (legal description)

12-40  NOW, THEREFORE, the undersigned principal and surety do hereby

12-41   obligate themselves to the claimant named in the mechanic’s lien,

12-42   ................................, (name of claimant) under the conditions prescribed

12-43   by NRS 108.2413 to 108.2425, inclusive, in the sum of $................ (1 1/2

12-44   x claim), from which sum they will pay the claimant such amount as a

12-45   court

13-1  of competent jurisdiction may adjudge to have been secured by his lien,

13-2  with interest, costs and attorney’s fees.

13-3  IN TESTIMONY WHEREOF, the principal and surety have executed this

13-4   bond at ................................, Nevada, on the ....... day of [……………,

13-5   19…..] the month of ....... of the year .......

 

13-6                                                       ...............................

13-7                     (Signature of Principal)

 

13-8  (SURETY CORPORATION)

13-9  BY........………....................

13-10  (Its Attorney in Fact)

13-11  State of Nevada}

13-12                       }ss.

13-13  County of.... }

 

13-14  On [……………, 19….,] ..... (month) ..... (day) ..... (year) before me,

13-15   the undersigned, a notary public of this county and state, personally

13-16   appeared ................................. who acknowledged that he executed the

13-17   foregoing instrument as principal for the purposes therein mentioned and

13-18   also personally appeared ................................ known (or satisfactorily

13-19   proved) to me to be the attorney in fact of the corporation that executed

13-20   the foregoing instrument, known to me to be the person who executed that

13-21   instrument on behalf of the corporation therein named, and he

13-22   acknowledged to me that that corporation executed the foregoing

13-23   instrument.

 

13-24  ................................

13-25                                        (Notary Public in and for

13-26                                          the County and State)

 

13-27  Sec. 10.  NRS 108.2437 is hereby amended to read as follows:

13-28  108.2437  1.  As soon as practicable, but not later than 10 days after a

13-29   lien of record upon real property pursuant to NRS 108.221 to 108.246,

13-30   inclusive, is satisfied or discharged, the lienor shall cause to be recorded a

13-31   discharge or release of the lien in substantially the following form:

 

13-32  DISCHARGE OR RELEASE OF LIEN

 

13-33  NOTICE IS HEREBY GIVEN THAT:

13-34     The undersigned did, on the ....... day of [……………, 19….,] the

13-35   month of ....... of the year ......., record in Book ............, as Document No.

13-36   ............, in the office of the county recorder of ............. County, Nevada,

13-37   its Notice of Lien, or has otherwise given notice of his intention to hold

13-38   and claim a lien upon the following described property, owned or

13-39   purportedly owned by ..............., situated in the County of ............, State

13-40   of Nevada, to wit:

 

13-41  (Legal Description or Address of the Property)

 

14-1      NOW, THEREFORE, for valuable consideration the undersigned

14-2  does release, satisfy and discharge the claim or lien on the property

14-3   described above by reason of such Notice of Lien, or by reason of the

14-4   work and labor on, or materials furnished for, that property.

 

14-5                                                                               ....................................

14-6                                                                 (Signature of Lienor)

 

14-7    2.  If the lienor fails to comply with the provisions of subsection 1, he

14-8   is liable in a civil action to the owner of the real property, his heirs or

14-9   assigns for any actual damages caused by his failure to comply with those

14-10   provisions or $100, whichever is greater, and for a reasonable attorney’s

14-11   fee and the costs of bringing the action.

14-12  Sec. 11.  NRS 108.620 is hereby amended to read as follows:

14-13  108.620  The form of the notice required by NRS 108.610 must be

14-14   substantially as follows:

 

14-15  Notice is hereby given that ................................ has rendered services in

14-16   hospitalization for ................................, a person who was injured on the

14-17   ....... day of [……………, 19….,] the month of ....... of the year ....... in

14-18   the city of ................, county of ................................, on or about the .......

14-19   day of [……………, 19….;] the month of ....... of the year .......; and that

14-20   ................................ (name of claimant) hereby claims a lien upon any

14-21   money due or owing or any claim for compensation, damages,

14-22   contribution, settlement or judgment from ................................, alleged to

14-23   have caused the injuries, or any other person, corporation or association

14-24   liable for the injury. The hospitalization was rendered to the injured person

14-25   between the ....... day of [……………, 19….,] the month of ....... of the

14-26   year ....... and the ....... day of [……………, 19….] the month of ....... of

14-27   the year .......

 

14-28  Itemized Statement

 

14-29  ..................................                        ......................                        .................

14-30  ..................................                        ......................                        .................

14-31  ..................................                        ......................                        .................

14-32  ..................................                        ......................                        .................

 

14-33  That 90 days have not elapsed since the termination of hospitalization; that

14-34   the claimant’s demands for such care or service is in the sum of

14-35   $................ and that no part thereof has been paid except $................; and

14-36   that there is now due and owing and remaining unpaid of such sum, after

14-37   deducting all credits and offsets, the sum of $................, in which amount

14-38   lien is hereby claimed.

 

14-39                                                              ........................ , Claimant.

 

14-40  State of Nevada}

14-41                       }ss.

14-42  County of.... }

15-1    I, ................................, being first duly sworn, on oath say:

15-2  That I am ................................, named in the foregoing claim of lien; that I

15-3   have read the same and know the contents thereof and believe the same to

15-4   be true.

 

15-5                                                                               ........................................

 

15-6  Subscribed and sworn to before me this ....... day of [……………, 19….]

15-7   the month of ....... of the year .......

15-8  ............................................................

15-9  Notary Public in and for the above-named county and state.

15-10  Sec. 12.  NRS 122.050 is hereby amended to read as follows:

15-11  122.050  The marriage license must be substantially in the following

15-12   form:

 

15-13  Marriage License

15-14  (Expires 1 Year After Issuance)

 

15-15  State of Nevada         }

15-16                         }ss.

15-17  County of}

 

15-18  These presents are to authorize any minister who has obtained a

15-19   certificate of permission, any supreme court justice or district judge within

15-20   this state, or justice of the peace within a township wherein he is permitted

15-21   to solemnize marriages or if authorized pursuant to subsection 3 of NRS

15-22   122.080, or a municipal judge if authorized pursuant to subsection 4 of

15-23   NRS 122.080 or any commissioner of civil marriages or his deputy within

15-24   a commissioner township wherein they are permitted to solemnize

15-25   marriages, to join in marriage ........ of (City, town or location) ........, State

15-26   of ........ State of birth (If not in U.S.A., name of country) ........; Date of

15-27   birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A.,

15-28   name of country) ........ Mother’s maiden name ........ Mother’s state of

15-29   birth (If not in U.S.A., name of country) ........ Number of this marriage

15-30   (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........

15-31   When ........ Where ........ And ........ of (City, town or location) ........, State

15-32   of ........ State of birth (If not in U.S.A., name of country) ........; Date of

15-33   birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A.,

15-34   name of country) ........ Mother’s maiden name ........ Mother’s state of

15-35   birth (If not in U.S.A., name of country) ........ Number of this marriage

15-36   (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........

15-37   When ........ Where ........; and to certify the marriage according to law.

15-38  Witness my hand and the seal of the county, this ..... day of […………

15-39   A.D. 19…..] the month of ………. of the year ............

 

15-40                                                                              ..................................

15-41  (Seal)                                             Clerk

 

15-42                                                                              ..................................

15-43                                                  Deputy clerk

16-1    Sec. 13.  NRS 122.120 is hereby amended to read as follows:

16-2    122.120  1.  After a marriage is solemnized, the person solemnizing

16-3   the marriage shall give to each couple being married a certificate of

16-4   marriage.

16-5    2.  The certificate of marriage must be in substantially the following

16-6   form:

 

16-7  State of Nevada

16-8  Marriage Certificate

 

16-9  State of Nevada}

16-10                         }ss.

16-11  County of}

 

16-12  This is to certify that the undersigned, ................................ (a minister of

16-13   the gospel, judge, justice of the peace of ................................ County,

16-14   commissioner of civil marriages or deputy commissioner of civil

16-15   marriages, as the case may be), did on the ................ day of […………,

16-16   A.D. 19….,] the month of ………. of the year ..............., at ................

16-17   (address or church), ................ (city), Nevada, join in lawful wedlock

16-18   ................ (name), of ................ (city), State of ................ and ................

16-19   (name), of ................(city), State of ................ with their mutual consent,

16-20   in the presence of ................ and ................ (witnesses).

 

16-21                                                                              ..................................

16-22                                     Signature of person performing

16-23  (Seal of County Clerk)               the marriage

 

16-24                                                                              ..................................

16-25                                   Name under signature typewritten

16-26                                            or printed in black ink

 

16-27  ................................

16-28       County Clerk

 

16-29                                                                              ..................................

16-30                                   Official title of person performing

16-31                                                   the marriage

 

16-32  ................................

 

16-33  ................................

16-34  Couple’s mailing address

 

16-35  3.  All information contained in the certificate of marriage must be

16-36   typewritten or legibly printed in black ink, except the signatures. The

16-37   signature of the person performing the marriage must be an original

16-38   signature.

17-1    Sec. 14.  NRS 127.055 is hereby amended to read as follows:

17-2    127.055  1.  Any or all of the attesting witnesses to any consent to

17-3   adoption may, at the request of the person or persons who executed the

17-4   consent, make and sign an affidavit before any person authorized to

17-5   administer oaths in this state, stating such facts as they would be required

17-6   to testify to in court to prove the due execution of the consent to adoption.

17-7   The affidavit must be written on the consent to adoption, or, if that is

17-8   impracticable, on some paper attached thereto. The sworn statement of any

17-9   witness so taken must be accepted by the court in any action or proceeding

17-10   relating to the validity or due execution of the consent to adoption as if it

17-11   had been taken before the court.

17-12  2.  The affidavit described in subsection 1 may be substantially in the

17-13   following form:

 

17-14  State of Nevada         }

17-15                          }ss.

17-16  County of.. }

 

17-17                                    (Date)................................

 

17-18  Then and there personally appeared the within-named ................ and

17-19   ................, who, being duly sworn, depose and say: That they witnessed

17-20   the execution of the within consent to adoption by ................ (name of

17-21   person or persons consenting); that she (he or they) subscribed the consent

17-22   to adoption and declared the same to be a voluntary consent to adoption in

17-23   their presence; that at the time the consent to adoption was executed it

17-24   contained the names of the person or persons to whom consent was

17-25   thereby given to adopt the child; that they thereafter subscribed the same

17-26   as witnesses in the presence of ................ (name of person or persons

17-27   consenting) and in the presence of each other and at the request of

17-28   ................ (name of person or persons consenting); that at the time of the

17-29   execution of the consent to adoption ................ (name of person or persons

17-30   consenting) acknowledged to them that she (he or they) was (were), and

17-31   she (he or they) appeared to them to be, in full possession of her (his or

17-32   their) faculties and not under the influence of any drug or sedative or

17-33   subject to any duress, fear, menace, compulsion or undue influence

17-34   whatever; and that they make this affidavit at her (his or their) request.

 

17-35                                                                              .........................................

17-36                                                                              .........................................

 

17-37  Subscribed and sworn to before me this ....... day of […………, 19…..] the

17-38   month of ....... of the year ……..

 

17-39  ...........................................................................

17-40  Notary Public

 

17-41  Sec. 15.  NRS 128.080 is hereby amended to read as follows:

17-42  128.080  The notice must be in substantially the following form:

 

18-1    In the .................... Judicial District Court of the State of Nevada,

18-2      in and for the County of .........................

 

18-3  In the matter of parental rights

18-4  as to ........................, a minor.

 

18-5  Notice

 

18-6    To ........................, the father or ........................, the mother of the

18-7   above-named person; or, to the father and mother of the above-named

18-8   person, and to all persons claiming to be the father or mother of this

18-9   person; or, to ........................, related to the above-named minor as

18-10   ........................; and, to ........................, the legal custodian or guardian of

18-11   the above-named minor:

18-12  You are hereby notified that there has been filed in the above-entitled

18-13   court a petition praying for the termination of parental rights over the

18-14   above-named minor person, and that the petition has been set for hearing

18-15   before this court, at the courtroom thereof, at ........................, in the

18-16   County of ........................, on the .......... day of […………, 19….,] the

18-17   month of ………. of the year ....... at........ o’clock ........m., at which time

18-18   and place you are required to be present if you desire to oppose the

18-19   petition.

 

18-20  Dated [……………, 19…..] ........ (month) ........ (day) ........ (year)

 

18-21                                                                              .........................................

18-22                                                 Clerk of court.

 

18-23  (SEAL)

18-24                                    By.....................................

18-25                                                      Deputy.

 

18-26  Sec. 16.  NRS 129.100 is hereby amended to read as follows:

18-27  129.100  1.  After a petition has been filed, unless the person to be

18-28   served voluntarily appears and consents to the hearing, the court shall

18-29   direct the clerk to issue a notice, reciting briefly the substance of the

18-30   petition, stating the time and date set for the hearing of the petition, and

18-31   requiring the person served with the notice to appear before the court at

18-32   the hearing if he desires to oppose the petition.

18-33  2.  The notice issued pursuant to subsection 1 must be in substantially

18-34   the following form:

 

18-35  In the ................................ Judicial District Court of the State of Nevada,

18-36  in and for the County of ................................

 

18-37  In the matter of the emancipation

18-38  of ................................, a minor.

 

19-1  Notice

 

19-2    To ................................, the father or ................................, the mother of

19-3   the above-named minor; or, to the father and mother of the above-named

19-4   minor; or, to ................................, the legal guardian of the above-named

19-5   minor; or, to ................................, related to the above-named minor as

19-6   ...............................:

19-7    You are hereby notified that there has been filed in the above-entitled

19-8   court a petition praying for the emancipation of the above-named minor

19-9   person, and that the petition has been set for hearing before this court, at

19-10   the courtroom thereof, at ................................, in the County of

19-11   ................................, on the .......... day of […………, 19….,] the month of

19-12   ………. of the year ....... at .......... o’clock ...m., at which time and place

19-13   you are required to be present if you desire to oppose the petition.

19-14  Dated [……………, 19…..] ............. (month) ………. (day) …… (year)

 

19-15                                                                              .........................................

19-16                                                 Clerk of court.

19-17  (SEAL)

19-18                                    By.....................................

19-19                                                      Deputy.

 

19-20  Sec. 17.  NRS 159.075 is hereby amended to read as follows:

19-21  159.075  When a guardian has taken the official oath and filed a bond

19-22   as provided herein, the court shall cause to be issued letters of

19-23   guardianship to the guardian. Letters of guardianship may be in the

19-24   following form:

 

19-25  State of Nevada         }

19-26                         }ss.

19-27  County of}

 

19-28  To All To Whom These Presents Come, Greeting:

19-29  Know Ye, that on [……………, (month) (day) 19….,] .......... (month)

19-30   .......... (day) ..........(year) the ................ Judicial District Court, ................

19-31   County, State of Nevada, appointed......................... (name of guardian)

19-32   ...........................(guardian of the person or estate or person and estate or

19-33   special guardian) for ........................, (name of ward) a(n) .........................,

19-34   (minor or adult) that the named guardian has qualified and has the

19-35   authority and shall perform the duties of

19-36   .............................................................................. (guardian of the person

19-37   or estate or person and estate or special guardian) for the named ward as

19-38   provided by law.

 

19-39  In Testimony Whereof, I have hereunto subscribed my name and affixed

19-40   the seal of the court at my office on [……………, (month) (day) 19…..]

19-41   .......... (month) .......... (day) .......... (year).

 

19-42                                                                              .........................................

19-43                                                        Clerk

19-44  (SEAL)

20-1                                                                               .........................................

20-2                                                   Deputy clerk

 

20-3    Sec. 18.  NRS 174.063 is hereby amended to read as follows:

20-4    174.063  1.  If a plea of guilty is made in a written plea agreement, the

20-5   agreement must be substantially in the following form:

 

20-6  Case No..........

20-7  Dept. No.........

 

20-8  IN THE .................. JUDICIAL DISTRICT COURT OF THE

20-9  STATE OF NEVADA IN AND FOR THE COUNTY OF.............,

 

20-10  The State of Nevada

20-11       PLAINTIFF,

 

20-12               v.

 

20-13  (Name of defendant)

20-14     DEFENDANT.

 

20-15  GUILTY PLEA AGREEMENT

20-16  I hereby agree to plead guilty to: (List charges to which defendant is

20-17   pleading guilty), as more fully alleged in the charging document attached

20-18   hereto as Exhibit 1.

20-19  My decision to plead guilty is based upon the plea agreement in this case

20-20   which is as follows:

20-21  (State the terms of the agreement.)

 

20-22  CONSEQUENCES OF THE PLEA

20-23  I understand that by pleading guilty I admit the facts which support all

20-24   the elements of the offenses to which I now plead as set forth in Exhibit 1.

20-25  I understand that as a consequence of my plea of guilty I may be

20-26   imprisoned for a period of not more than (maximum term of

20-27   imprisonment) and that I (may or will) be fined up to (maximum amount

20-28   of fine). I understand that the law requires me to pay an administrative

20-29   assessment fee.

20-30  I understand that, if appropriate, I will be ordered to make restitution to

20-31   the victim of the offenses to which I am pleading guilty and to the victim

20-32   of any related offense which is being dismissed or not prosecuted pursuant

20-33   to this agreement. I will also be ordered to reimburse the State of Nevada

20-34   for expenses related to my extradition, if any.

20-35  I understand that I (am or am not) eligible for probation for the offense

20-36   to which I am pleading guilty. (I understand that, except as otherwise

20-37   provided by statute, the question of whether I receive probation is in the

20-38   discretion of the sentencing judge, or I understand that I must serve a

20-39   mandatory minimum term of (term of imprisonment) or pay a minimum

20-40   mandatory fine of (amount of fine) or serve a mandatory minimum term

20-41   (term of imprisonment) and pay a minimum mandatory fine of (amount of

20-42   fine).)

21-1    I understand that if more than one sentence of imprisonment is imposed

21-2  and I am eligible to serve the sentences concurrently, the sentencing judge

21-3   has the discretion to order the sentences served concurrently or

21-4   consecutively.

21-5    I understand that information regarding charges not filed, dismissed

21-6   charges or charges to be dismissed pursuant to this agreement may be

21-7   considered by the judge at sentencing.

21-8    I have not been promised or guaranteed any particular sentence by

21-9   anyone. I know that my sentence is to be determined by the court within

21-10   the limits prescribed by statute. I understand that if my attorney or the

21-11   State of Nevada or both recommend any specific punishment to the court,

21-12   the court is not obligated to accept the recommendation.

21-13  I understand that the division of parole and probation of the department

21-14   of motor vehicles and public safety may or will prepare a report for the

21-15   sentencing judge before sentencing. This report will include matters

21-16   relevant to the issue of sentencing, including my criminal history. I

21-17   understand that this report may contain hearsay information regarding my

21-18   background and criminal history. My attorney (if represented by counsel)

21-19   and I will each have the opportunity to comment on the information

21-20   contained in the report at the time of sentencing.

 

21-21  WAIVER OF RIGHTS

21-22  By entering my plea of guilty, I understand that I have waived the

21-23   following rights and privileges:

21-24  1.  The constitutional privilege against self-incrimination, including the

21-25   right to refuse to testify at trial, in which event the prosecution would not

21-26   be allowed to comment to the jury about my refusal to testify.

21-27  2.  The constitutional right to a speedy and public trial by an impartial

21-28   jury, free of excessive pretrial publicity prejudicial to the defense, at which

21-29   trial I would be entitled to the assistance of an attorney, either appointed or

21-30   retained. At trial, the state would bear the burden of proving beyond a

21-31   reasonable doubt each element of the offense charged.

21-32  3.  The constitutional right to confront and cross-examine any

21-33   witnesses who would testify against me.

21-34  4.  The constitutional right to subpoena witnesses to testify on my

21-35   behalf.

21-36  5.  The constitutional right to testify in my own defense.

21-37  6.  The right to appeal the conviction, with the assistance of an

21-38   attorney, either appointed or retained, unless the appeal is based upon

21-39   reasonable constitutional, jurisdictional or other grounds that challenge the

21-40   legality of the proceedings and except as otherwise provided in subsection

21-41   3 of NRS 174.035.

 

21-42  VOLUNTARINESS OF PLEA

21-43  I have discussed the elements of all the original charges against me with

21-44   my attorney (if represented by counsel) and I understand the nature of

21-45   these charges against me.

21-46  I understand that the state would have to prove each element of the

21-47   charge against me at trial.

22-1    I have discussed with my attorney (if represented by counsel) any

22-2  possible defenses and circumstances which might be in my favor.

22-3    All of the foregoing elements, consequences, rights and waiver of rights

22-4   have been thoroughly explained to me by my attorney (if represented by

22-5   counsel).

22-6    I believe that pleading guilty and accepting this plea bargain is in my

22-7   best interest and that a trial would be contrary to my best interest.

22-8    I am signing this agreement voluntarily, after consultation with my

22-9   attorney (if represented by counsel) and I am not acting under duress or

22-10   coercion or by virtue of any promises of leniency, except for those set

22-11   forth in this agreement.

22-12  I am not now under the influence of intoxicating liquor, a controlled

22-13   substance or other drug which would in any manner impair my ability to

22-14   comprehend or understand this agreement or the proceedings surrounding

22-15   my entry of this plea.

22-16  My attorney (if represented by counsel) has answered all my questions

22-17   regarding this guilty plea agreement and its consequences to my

22-18   satisfaction and I am satisfied with the services provided by my attorney.

22-19  Dated: This ........... day of […………, 19…..] the month of ………. of

22-20   the year …….

 

22-21                                                                              ...............................

22-22                                                      Defendant.

 

22-23  Agreed to on this .......... day of [………, 19…..] the month of ………. of

22-24   the year …….

 

22-25  ............................

22-26  Deputy District Attorney.

 

22-27  2.  If the defendant is represented by counsel, the written plea

22-28   agreement must also include a certificate of counsel that is substantially in

22-29   the following form:

 

22-30  CERTIFICATE OF COUNSEL

22-31  I, the undersigned, as the attorney for the defendant named herein and as

22-32   an officer of the court hereby certify that:

22-33  1.  I have fully explained to the defendant the allegations contained in

22-34   the charges to which guilty pleas are being entered.

22-35  2.  I have advised the defendant of the penalties for each charge and the

22-36   restitution that the defendant may be ordered to pay.

22-37  3.  All pleas of guilty offered by the defendant pursuant to this

22-38   agreement are consistent with all the facts known to me and are made with

22-39   my advice to the defendant and are in the best interest of the defendant.

22-40  4.  To the best of my knowledge and belief, the defendant:

22-41  (a) Is competent and understands the charges and the consequences of

22-42   pleading guilty as provided in this agreement.

22-43  (b) Executed this agreement and will enter all guilty pleas pursuant

22-44   hereto voluntarily.

23-1    (c) Was not under the influence of intoxicating liquor, a controlled

23-2  substance or other drug at the time of the execution of this agreement.

23-3    Dated: This ........... day of […………, 19…..] the month of ………. of

23-4   the year …….

 

23-5  ................................

23-6  Attorney for defendant.

 

23-7    Sec. 19.  NRS 179.320 is hereby amended to read as follows:

23-8    179.320  A warrant of arrest may be in substantially the following

23-9   form:

 

23-10  Warrant of Arrest

 

23-11  County of ............................... The State of Nevada, to any sheriff,

23-12   constable, marshal, policeman, or peace officer in this state: A complaint,

23-13   upon oath, has been this day laid before me by A. B. that the crime of

23-14   (designate it) has been committed, and accusing C. D. thereof; you are

23-15   therefore commanded forthwith to arrest the above-named C. D. and bring

23-16   him before me at (naming the place), or, in case of my absence or inability

23-17   to act, before the nearest or most accessible magistrate in this county.

 

23-18  Dated at ............................., this ....... day of […………, 19…..] the

23-19   month of ............ of the year .......

 

23-20  .......................................

23-21  (Signature and official title of magistrate)

 

23-22  Sec. 20.  NRS 179.325 is hereby amended to read as follows:

23-23  179.325  A summons may be in substantially the following form:

 

23-24  Summons

 

23-25  State of Nevada         }

23-26                          }ss.

23-27  County of.. }

 

23-28  The State of Nevada to the (naming defendant or corporation):

23-29  You are hereby summoned to appear before me at (naming the place) on

23-30   (specifying the day and hour), to answer a charge made against you upon

23-31   the complaint of A. B. for (designating the offense generally).

 

23-32  Dated at .............................., this ....... day of […………, 19…..] the

23-33   month of ........... of the year .......

 

23-34  .......................................

23-35  (Signature and official title of magistrate)

 

23-36  Sec. 21.  NRS 179.330 is hereby amended to read as follows:

23-37  179.330  A search warrant may be in substantially the following form:

24-1  Search Warrant

 

24-2  State of Nevada}

24-3                           }ss.

24-4  County of.. }

 

24-5    The State of Nevada, to any peace officer in the county of .................

24-6   Proof by affidavit having been made before me by (naming every person

24-7   whose affidavit has been taken) that (stating the grounds or probable cause

24-8   for issuance).

24-9    You are hereby commanded to search (naming the person or describing

24-10   with reasonable particularity the place to be searched) for the following

24-11   property (describing it with reasonable particularity), making the search

24-12   (in the daytime or at any time, as determined by the magistrate) and if any

24-13   such property is found there to seize it, prepare a written inventory of the

24-14   property seized and bring the property before me (or another designated

24-15   magistrate).

24-16  Dated at .............................., this ....... day of […………, 19…..] the

24-17   month of ........... of the year .......

 

24-18  .......................................

24-19  (Signature and official title of magistrate)

 

24-20  Sec. 22.  NRS 179.340 is hereby amended to read as follows:

24-21  179.340  An undertaking for bail after arrest and before preliminary

24-22   examination may be in substantially the following form:

 

24-23  Undertaking

 

24-24  A warrant having been issued on the ........ day of […………, A.D.

24-25   19….,] the month of ............ of the year ......., by ........................, a justice

24-26   of the peace of ........................ County, for the arrest of ........................

24-27   (stating name of the accused), upon a charge of ........................ (stating

24-28   briefly the nature of the offense), upon which he has been arrested and

24-29   duly ordered admitted to bail in the sum of .................. dollars and ordered

24-30   to appear before the magistrate who issued the warrant, we,

24-31   ......................., of ........................, and ........................ (stating their names

24-32   and place of residence), hereby undertake that the above-named

24-33   ........................ shall appear and answer the charge above mentioned, at

24-34   ............. o’clock ...m., on the ....... day of […………, A.D. 19….,] the

24-35   month of ........... of the year ......., before ........................, the magistrate

24-36   issuing the warrant, at his office in ....................., ..................... County,

24-37   State of Nevada, and that the above-named (insert name of accused) shall

24-38   appear and answer the charge above mentioned in whatever court and

24-39   before whatever magistrate it may be prosecuted, or before which he may

24-40   be required to appear by law, and shall at all times render himself

24-41   amenable to the orders and process of the court and the requirements of

24-42   the law, and if convicted shall appear for judgment and render himself in

24-43   execution thereof; or if he fail to perform any of these conditions, that we

24-44   will pay to the State of Nevada the sum of

25-1  ............. dollars (inserting the sum in which the defendant is admitted to

25-2  bail).

 

25-3                                                                               ...................................

 

25-4                                                                               ...................................

25-5                                           (Signatures of Sureties)

 

25-6    Sec. 23.  NRS 179.360 is hereby amended to read as follows:

25-7    179.360  A commitment where defendant is held to answer after a

25-8   preliminary examination may be in substantially the following form:

 

25-9  Commitment

 

25-10  County of ........................ (as the case may be).

25-11  The State of Nevada to the sheriff of the county of .............................:

25-12   An order having been this day made by me that A. B. be held to answer

25-13   upon a charge of (stating briefly the nature of the offense, and giving as

25-14   near as may be the time when and the place where the same was

25-15   committed), you are commanded to receive him into your custody and

25-16   detain him until he is legally discharged.

25-17  Dated this ........ day of […………, 19…..] the month of ............ of the

25-18   year .......

 

25-19                                                                              ...........................................

25-20                            (Signatures and official title of magistrate)

 

25-21  Sec. 24.  NRS 179.365 is hereby amended to read as follows:

25-22  179.365  An undertaking for bail after preliminary examination and

25-23   before arraignment may be in substantially the following form:

 

25-24  Undertaking

 

25-25  An order having been made on the ........ day of […………, A.D. 19….,]

25-26   the month of ............ of the year ....... by A. B., a justice of the peace of

25-27   ............................... County (or as the case may be), that C. D. be held to

25-28   answer upon a charge of (stating briefly the nature of the offense), upon

25-29   which he has been duly admitted to bail in the sum of ............. dollars, we,

25-30   E. F. and G. H. (stating their place of residence), hereby undertake that the

25-31   above-named C. D. shall appear and answer the charge above mentioned,

25-32   in whatever court it may be prosecuted, and shall at all times render

25-33   himself amenable to the orders and process of the court, and, if convicted,

25-34   shall appear for judgment and render himself in execution thereof, or, if he

25-35   fail to perform any of these conditions, that we will pay to the State of

25-36   Nevada the sum of ............ dollars (inserting the sum in which the

25-37   defendant is admitted to bail).

25-38                                                                              ...................................

 

25-39                                                                              ...................................

25-40                                           (Signature of Sureties)

26-1    Sec. 25.  NRS 179.370 is hereby amended to read as follows:

26-2    179.370  An indictment may be substantially in the following form:

 

26-3  Indictment

 

26-4  State of Nevada}

26-5                           }ss.

26-6  County of.. }

 

26-7    The State of Nevada, plaintiff, against A. B., defendant (or John Doe,

26-8   whose real name is unknown). Defendant A. B., above named, is accused

26-9   by the grand jury of the county of ........................, of a felony (or of the

26-10   crime of murder or other name of crime), committed as follows: The said

26-11   A. B., on the ....... day of […………, A.D. 19….,] the month of ........... of

26-12   the year ......., or thereabouts, at the county of .........................., State of

26-13   Nevada, without authority of law and with malice aforethought, killed

26-14   Richard Roe, by shooting with a pistol (or with a gun or other weapon,

26-15   according to the facts).

 

26-16                                                                              ...................................

26-17                                               District Attorney

26-18                                    or District Attorney, by Deputy.

 

26-19  Sec. 26.  NRS 179.375 is hereby amended to read as follows:

26-20  179.375  An information may be in substantially the following form:

 

26-21  Information

 

26-22  State of Nevada         }

26-23                          }ss.

26-24  County of.. }

 

26-25  In the ....................... court. The State of Nevada against A. B., C. D.

26-26   district attorney within and for the county of ........................ in the state

26-27   aforesaid, in the name and by the authority of the State of Nevada, informs

26-28   the court that A. B. on the ........ day of […………, A.D. 19….,] the month

26-29   of ........... of the year ......., at the county of ........................, did (here state

26-30   offense) against the peace and dignity of the State of Nevada.

 

26-31                                                                              ...............................................

26-32                                    C. D., District Attorney

26-33                          or C. D., District Attorney, by H. M., Deputy.

 

26-34  Sec. 27.  NRS 179.380 is hereby amended to read as follows:

26-35  179.380  A warrant upon the finding of a presentment, indictment or

26-36   information may be in substantially the following form:

 

27-1  Warrant

 

27-2    County of ........................ The State of Nevada, to any sheriff, constable,

27-3   marshal, policeman, or peace officer in this state: A presentment having

27-4   been made or an indictment having been found (or information filed) on

27-5   the ........ day of […………, A.D. 19….,] the month of ............ of the year

27-6   ......., in the district court of the ........................, county of .........................,

27-7   charging C. D. with the crime of (designating it generally), you are

27-8   therefore commanded forthwith to arrest the above-named C. D. and bring

27-9   him before that court to answer the presentment, indictment or

27-10   information; or if the court is not in session that you deliver him into the

27-11   custody of the sheriff of the county of ........................ By order of the

27-12   court. Given under my hand with the seal of the court affixed this ........

27-13   day of […………, A.D. 19…..] the month of ............ of the year ....... .

 

27-14                                                                              .....................................

27-15  (Seal)                                      E. F., Clerk.

 

27-16  Sec. 28.  NRS 179.385 is hereby amended to read as follows:

27-17  179.385  An undertaking for bail after arrest on a warrant following the

27-18   finding of a presentment, indictment or information may be in

27-19   substantially the following form:

 

27-20  Undertaking

 

27-21  A presentment having been made (or an indictment having been found

27-22   or an information having been filed), on the ........ day of […………, A.D.

27-23   19….,] the month of ............ of the year ......., in the District Court of the

27-24   ......................... Judicial District of the State of Nevada, in and for the

27-25   County of ........................ (as the case may be), charging A. B. with the

27-26   crime of (indicating it generally), and he having been duly admitted to bail

27-27   in the sum of ............. dollars, we, C. D. and E. F. (stating their place of

27-28   residence), hereby undertake that the above-named A. B. shall appear and

27-29   answer the indictment or information above mentioned in whatever court

27-30   it may be prosecuted, and shall at all times render himself amenable to the

27-31   orders and processes of the court, and, if convicted, shall appear for

27-32   judgment and render himself in execution thereof; or, if he fail to perform

27-33   either of these conditions, that we will pay to the State of Nevada the sum

27-34   of ............. dollars (inserting the sum in which the defendant is admitted to

27-35   bail).

 

27-36                                                                              .....................................

 

27-37                                                                              .....................................

27-38                                          (Signature of Sureties)

 

27-39  Sec. 29.  NRS 179.390 is hereby amended to read as follows:

27-40  179.390  A subpoena or subpoena duces tecum may be in substantially

27-41   the following form:

 

28-1  Subpoena

 

28-2    The State of Nevada to A. B.: You are commanded to appear before C.

28-3   D., a justice of the peace of ................ township, in ................ County (or,

28-4   the court of ................, as the case may be), at (naming the place), on

28-5   (stating the day and hour), as a witness in a criminal action, prosecuted by

28-6   the State of Nevada against E. F. Given under my hand this ........ day of

28-7   […………, A.D. 19…..] the month of ............ of the year ....... . G. H.,

28-8   Justice of the Peace (seal) (or “By order of the court, L. M., Clerk (seal)”

28-9   as the case may be). (If books, papers or documents are required, a

28-10   direction to the following effect must be contained in the subpoena: “And

28-11   you are required also to bring with you the following (describing

28-12   intelligibly the books, papers or documents required).”)

 

28-13  Sec. 30.  NRS 179.395 is hereby amended to read as follows:

28-14  179.395  A bench warrant may be in substantially the following form:

 

28-15  Bench Warrant

 

28-16  State of Nevada         }

28-17                          }ss.

28-18  County of.. }

 

28-19  The State of Nevada, to any sheriff, constable, marshal, policeman or

28-20   other peace officer in this state: A. B. having been on the ........ day of

28-21   […………, A.D. 19….,] the month of ............ of the year ........ duly

28-22   convicted in the .................... Judicial District Court of the State of Nevada

28-23   and in and for the County of ...................., of the crime of (designating it

28-24   generally); you are therefore commanded forthwith to arrest the above

28-25  -named A. B. and bring him before that court for judgment, or if the court

28-26   has adjourned, that you deliver him into the custody of the sheriff of the

28-27   county of .................... Given, by order of the court, under my hand with

28-28   the seal of the court affixed, this the ........ day of […………, A.D. 19…..]

28-29   the month of ............ of the year ....... .

 

28-30                                                                              .....................................

28-31  (Seal)                                      E. F., Clerk.

 

28-32  Sec. 31.  NRS 179.400 is hereby amended to read as follows:

28-33  179.400  When bail is taken upon the recommitment of the defendant,

28-34   the undertaking shall be in substantially the following form:

 

 

28-35  Undertaking

 

28-36  An order having been made on the ........ day of […………, A.D. 19….,]

28-37   the month of ............ of the year ......., by the court (naming it), that A. B.

28-38   be admitted to bail in the sum of $.........., in an action pending in that court

28-39   against him, in behalf of the State of Nevada, upon a (presentment,

28-40   indictment, information, or appeal, as the case may be), we, C. D. and E.

29-1  F., of (stating their place of residence), hereby undertake that the above-

29-2  named A. B. shall appear in that or any other court in which his appearance

29-3   may be lawfully required, upon that (presentment, indictment,

29-4   information, or appeal, as the case may be), and shall at all times render

29-5   himself amenable to its orders and processes, and appear for judgment,

29-6   and surrender himself in execution thereof; or, if he fail to perform any of

29-7   these conditions, that we will pay to the State of Nevada the sum of

29-8   $.......... (inserting the sum in which the defendant is admitted to bail).

 

29-9                                                                               .....................................

 

29-10                                                                              .....................................

29-11                                          (Signature of Sureties)

 

29-12  Sec. 32.  NRS 244.110 is hereby amended to read as follows:

29-13  244.110  The style of ordinances shall be as follows:

 

29-14  The Board of County Commissioners of the

29-15  County of................Do Ordain:

29-16  (Body of ordinance)

29-17  (Last section of ordinance)

29-18  Proposed on [the …. day …….., 19….] ………. (month) …. (day) ….

29-19   (year)

29-20  Proposed by Commissioner..............................

29-21  Passed [the day …. of …….., 19….] ………. (month) …. (day) ….

29-22   (year)

 

29-23  Vote:

29-24       Ayes:        Commissioners....................

29-25       Nays:        Commissioners....................

29-26       Absent:     Commissioners....................

 

29-27  Attest:

 

29-28  ....................................                                               .....................................

29-29     County Clerk                Chairman of the Board

 

29-30     This ordinance shall be in force and effect from and after the ........ day

29-31   of [……….., 19…..] the month of ………… of the year …….

 

29-32  Sec. 33.  NRS 244.3501 is hereby amended to read as follows:

29-33  244.3501  1.  An ordinance of the liquor board shall not be passed

29-34   except by bill. When any ordinance is amended, the section or sections

29-35   thereof shall be reenacted as amended, and an ordinance shall not be

29-36   revised or amended by reference only to its title.

29-37  2.  Every liquor board ordinance shall:

29-38  (a) Bear a summary, which shall appear before the title and which shall

29-39   state in brief the subject matter of the ordinance.

29-40  (b) Embrace but one subject and matters necessarily connected

29-41   therewith and pertaining thereto. The subject shall be clearly indicated in

30-1  the title. In all cases where the subject of the ordinance is not so expressed

30-2  in the title, the ordinance shall be void as to the matter not expressed in the

30-3   title.

30-4    3.  All proposed liquor board ordinances, when first proposed, shall be

30-5   read aloud in full to the liquor board, and final action thereon shall be

30-6   deferred until the next regular meeting of the board; but in cases of

30-7   emergency, by unanimous consent of the whole board, final action may be

30-8   taken immediately or at a special meeting called for that purpose.

30-9    4.  All ordinances shall be:

30-10  (a) Signed by the chairman of the liquor board.

30-11  (b) Attested by the county clerk.

30-12  (c) Published by title only, together with the names of the liquor board

30-13   members voting for or against their passage, in a newspaper published in

30-14   and having a general circulation in the county, at least once a week for a

30-15   period of 2 weeks before the same shall go into effect. Publication by title

30-16   shall also contain a statement to the effect that typewritten copies of the

30-17   ordinance are available for inspection at the office of the county clerk by

30-18   all interested persons.

30-19  5.  The style of liquor board ordinances shall be as follows:

 

30-20  The Liquor Board of the

30-21  County of................Do Ordain:

30-22  (Body of ordinance)

30-23  (Last section of ordinance)

30-24  Proposed on [the …. day …………, 19….] ………… (month) …. (day)

30-25   …. (year)

30-26  Proposed by Member.........................................

30-27  Passed [the …. day of …………, 19….] ………… (month) …. (day)

30-28   …. (year)

 

30-29  Vote:

30-30       Ayes:        Members.............................

30-31       Nays:        Members.............................

30-32       Absent:     Members.............................

30-33  Attest:

30-34  ....................................                                               .....................................

30-35    County Clerk            Chairman of the Liquor Board

 

30-36  This ordinance shall be in force and effect from and after the...........day

30-37   of […………, 19…..] the month of………… of the year …….

 

30-38  6.  The county clerk shall record all liquor board ordinances in a book

30-39   kept for that purpose, together with the affidavits of publication by the

30-40   publisher. The book, or a certified copy of an ordinance therein recorded

30-41   and under the seal of the county, shall be received as prima facie evidence

30-42   in all courts and places without further proof.

30-43  Sec. 34.  NRS 267.090 is hereby amended to read as follows:

30-44  267.090  If upon the canvass it is found that a majority of the votes cast

30-45   at the election were cast in favor of the ratification of the charter, as

31-1  provided in NRS 267.080, the mayor of the city shall thereupon attach to

31-2  the charter a certificate in substance as follows:

 

31-3    I, ................, mayor of ................, do hereby certify that in accordance

31-4   with the terms and provisions of section 8 of article 8 of the constitution,

31-5   and the laws of the State of Nevada, an election was held on the .......... day

31-6   of […………, 19….,] the month of ………. of the year ….., at which 15

31-7   qualified electors were elected to prepare a charter for the city of

31-8   ......................; that notice of the election was given in the manner provided

31-9   by law; that on the .......... day of […………, 19….,] the month of ……….

31-10   of the year ….., the election was held, and the votes cast at that election

31-11   were canvassed by the governing body of the city, and the following

31-12   persons were declared elected to prepare and propose a charter for the city

31-13   of .................

31-14  That thereafter, on the .......... day of […………, 19….,] the month of

31-15   ………. of the year ….., the board of electors returned a proposed charter

31-16   for the city of ................, signed by the following members thereof:

31-17   .................

31-18  That thereafter the proposed charter was published once in a newspaper

31-19   and posted in three of the most public places in the city, to wit: For one

31-20   publication, the publication in a newspaper on the .......... day of

31-21   […………, 19….,] the month of ………. of the year ….., and was posted

31-22   on the .......... day of […………, 19…..] the month of ………. of the year

31-23   ……

31-24  That thereafter, on the .......... day of […………, 19….,] the month of

31-25   ………. of the year ….., an election was held at which the proposed

31-26   charter was submitted to the qualified electors of the city, and the returns

31-27   of the election were canvassed by the governing body at a meeting held on

31-28   the .......... day of […………, 19….,] the month of ………. of the year

31-29   ….., and the result of the election was found to be as follows: For the

31-30   proposed charter, ........ votes; against the proposed charter, ........ votes.

31-31   Majority for the proposed charter, ........ votes.

31-32  Whereupon the charter was ratified by a majority of the qualified

31-33   electors voting at the election.

31-34  And I further certify that the foregoing is a full, true and complete copy

31-35   of the proposed charter voted upon and ratified as aforesaid.

31-36  In testimony whereof, I hereunto set my hand and affix the corporate

31-37   seal of the city this .......... day of […………, 19…..] the month of

31-38   ………. of the year ……

31-39                                                                             ................................... ,

31-40                                         Mayor of the city of......

 

31-41  Attest:............... ,

31-42  Clerk of the city of     

 

31-43  Sec. 35.  NRS 269.105 is hereby amended to read as follows:

31-44  269.105  1.  All salaries of officers mentioned in this chapter and all

31-45   expenses incurred in carrying on any government herein provided for shall

31-46   be paid out of the general fund of the town or city, to the affairs of which

31-47   the government relates.

32-1    2.  All claims for such salaries and expenses shall be presented to the

32-2  town board or board of county commissioners, who shall consider and

32-3   allow or reject the same, in whole or in part, and a record of their action

32-4   shall be entered upon their minutes.

32-5    3.  If allowed in whole or in part by a majority vote of all the members

32-6   composing the town board or board of county commissioners, the clerk

32-7   thereof shall certify the claims to the county auditor, who shall thereupon

32-8   issue his warrant to the holder, substantially in the following form:

 

32-9  No .........[……………19….] ….… (month) ……… (day) ….…

32-10   (year)

32-11  The county treasurer of ................ County will pay to ................. the sum

32-12   of ........ dollars, for (stating in general terms the nature of the claim), and

32-13   charge the same to the general fund of the (town or city of) ................

32-14  $.........                                          ............. County Auditor

 

32-15  The county auditor shall appropriately fill all blanks.

32-16  4.  Upon presentation of any warrant, the county treasurer shall

32-17   immediately pay the same if he has money in his hands sufficient therefor

32-18   belonging to the fund upon which it is drawn; but, if he has not, he shall

32-19   endorse on the warrant, “Not paid for want of funds,” adding thereto the

32-20   date of the endorsement and signing his name officially to the same; and

32-21   thereafter he shall pay the warrant out of the first money applicable thereto

32-22   coming into his hands.

32-23  5.  Before 12 m. on the 1st Monday in each month, the county treasurer

32-24   shall post a notice in a conspicuous place in his office, showing the

32-25   number and amount of each outstanding warrant, if any, which there is

32-26   money in the treasury to pay.

32-27  6.  On paying any warrant, the county treasurer shall write across the

32-28   face thereof, in red ink, “Paid,” with the date of payment, and sign his

32-29   name officially thereto, and the warrant, thus canceled, shall be a

32-30   sufficient voucher for the county treasurer for his official settlement,

32-31   which settlement shall be made in time and manner as provided for

32-32   settlement for county funds.

32-33  7.  The chairman of the board of county commissioners shall, in

32-34   addition to such settlement, once a month examine the books and vouchers

32-35   of the county treasurer concerning the state of the finances in his hands, as

32-36   mentioned in this chapter, and report the result to the board, which report

32-37   shall be spread upon the minutes of the board. Such report shall be

32-38   delivered to the town boards, if any, created pursuant to NRS 269.0165

32-39   and NRS 269.017 to 269.019, inclusive. Such town boards shall have

32-40   access, at all reasonable times, to the books and vouchers of the county

32-41   treasurer which relate to the respective towns.

32-42  Sec. 36.  NRS 269.110 is hereby amended to read as follows:

32-43  269.110  1.  In all cases where a town or city in any county of this

32-44   state has been incorporated by an act of the legislature thereof, or of the

32-45   Territory of Nevada, or otherwise, or may be incorporated, and the same

32-46   has been or may hereafter be disincorporated, and where at the time of

32-47   such disincorporation there exists any funded debt or outstanding bonds,

32-48   the board of county commissioners shall provide for the payment of the

33-1  principal and interest of the same substantially in time, manner and form as

33-2  provided by law or ordinance existent touching the same at the time of

33-3   disincorporation. If there be no such law or ordinance, all such claims

33-4   shall be paid out of the debt service fund of such town or city, as provided

33-5   in this chapter for the payment of other indebtedness.

33-6    2.  The board of county commissioners of such county shall take

33-7   possession of all the books, papers, documents, money, credits, claims,

33-8   demands and other property of the town or city, and collect, hold or

33-9   dispose of the same for the use and benefit of the inhabitants thereof; and

33-10   in case the town or city shall have been at the time of disincorporation

33-11   involved in debt, other than as above specified, the board of county

33-12   commissioners shall ascertain the amount thereof, and cause evidences of

33-13   indebtedness bearing interest on the principal sum thereof from date, at the

33-14   legal rate of interest per annum, to be issued to the holder of the

33-15   indebtedness, which evidences of indebtedness shall be in the following

33-16   form:

 

33-17  No .........          [……………19….] ….… (month) ……… (day) …...

33-18   (year)

33-19  $..........

33-20  This is to certify that the (designating the town or city by its name) is

33-21   indebted to ................ in the sum of ........ dollars principal, and ........

33-22   dollars interest, payable out of the debt service fund of ................; the

33-23   principal sum of ........ dollars to bear interest from this date at the legal

33-24   rate per annum, principal, interest, and accruing interest payable in lawful

33-25   money of the United States.

33-26                     ..............................................................................,

33-27                     Chairman of the Board of County Commissioners

33-28                     of ................................................ County, Nevada.

33-29  ..................................

33-30  Clerk of ................ County, Nevada.

 

33-31  All blanks shall be appropriately filled.

33-32  3.  No such evidence of indebtedness shall be issued upon any account,

33-33   claim, demand, bond, warrant, scrip or other instrument, unless the same

33-34   be filed with the clerk of the board of county commissioners within 3

33-35   months after the disincorporation of the town or city; and simultaneously

33-36   upon issuance the account, claim or demand on which the same is issued

33-37   shall be receipted, and the bond, warrant, scrip or other instrument shall be

33-38   canceled.

33-39  4.  The county treasurer shall only use the money of the debt service

33-40   fund for the payment of the preexisting bonds or funded debt not

33-41   otherwise provided for, as hereinbefore mentioned, and such evidences as

33-42   shall be issued as last hereinbefore mentioned, and the interest thereon as

33-43   provided in this chapter.

33-44  Sec. 37.  NRS 271.375 is hereby amended to read as follows:

33-45  271.375  1.  The engineer shall make an assessment roll and state a

33-46   proposed assessment therein upon each tract to be assessed, and he shall

33-47   thereby defray the whole amount or amounts of all charges so directed to

34-1  be levied upon each of such tracts respectively. When completed, he shall

34-2  report the assessment roll to the governing body.

34-3    2.  When any assessment is reported by the engineer to the governing

34-4   body, as directed in this section, the roll must be filed in the office of the

34-5   clerk and numbered.

34-6    3.  The report must be signed by the engineer and made in the form of a

34-7   certificate endorsed on the assessment roll as follows:

 

34-8  (Form of Certificate)

 

34-9  State of Nevada}

34-10                          }ss.

34-11  County of........ }

 

34-12  To the (insert “City Council,” or “Board of County Commissioners,” or

34-13   other name of governing body) of ................................, Nevada:

34-14  I hereby certify and report that the foregoing is the assessment roll and

34-15   assessments made by me for the purpose of paying that part of the cost

34-16   which you decided should be paid and borne by special assessments for

34-17   ................ Improvement District No. ..........; that in making such

34-18   assessments, I have, as near as may be, and according to my best

34-19   judgment, conformed in all things to the provisions of chapter 271 of

34-20   NRS.

34-21                                                                              ....................................

34-22                                                     Engineer

 

34-23  Dated at......................., Nevada, [………, 19...] ........... (month) ……..

34-24   (day) ……. (year)

 

34-25  Sec. 38.  NRS 293.130 is hereby amended to read as follows:

34-26  293.130  1.  On the dates set by the respective state central

34-27   committees in each year in which a general election is to be held, a county

34-28   convention of each major political party must be held at the county seat of

34-29   each county or at such other place in the county as the county central

34-30   committee designates.

34-31  2.  The county central committee of each major political party shall

34-32   cause notice of the holding of the county convention of its party to be

34-33   ublished in one or more newspapers, if any, published in the county. The

34-34   notice must be in substantially the following form:

 

34-35  NOTICE OF.....(NAME OF PARTY).....CONVENTION

 

34-36  Notice is hereby given that the county Convention of the ................

34-37   Party for ................ County will be held at ................ in ................, on

34-38   [………., the …. day of …………, 19….;] the …….. day of the month of

34-39   …………… of the year ……; that at the convention delegates to the ........

34-40   State Convention will be elected, a county central committee to serve for

34-41   the ensuing 2 years will be chosen, and other party affairs may be

34-42   considered; that delegates to such county convention will be chosen at

34-43   ........(name of party)........ precinct meetings to be held in each voting

34-44   precinct in the county on or before the ..... day of […………, 19….;] the

35-1  month of …………… of the year ……..; and that a voting precinct is

35-2  entitled to a number of delegates in proportion to the number of registered

35-3   voters of the ................ Party residing in the precinct as set forth in NRS

35-4   293.133.

 

35-5  County Central Committee of.... County, Nevada

35-6  By........................................... (Its Chairman)

35-7  And......................................... (Its Secretary)

 

35-8    Sec. 39.  NRS 361.655 is hereby amended to read as follows:

35-9    361.655  The complaint in the action may be as follows in form:

 

35-10  In the (Title of Court)

35-11  State of Nevada      }

35-12       v.                               }            Complaint

35-13  A.B. & Co., and the real estate and                       }

35-14  improvements in (describing them).   }

 

35-15  The State of Nevada, by C.D., district attorney of the county of

35-16   ................................, complains of A.B. and also the real estate and

35-17   improvements (describing them with the same particularity as in actions of

35-18   ejectment, or actions for the recovery of personal property), and for cause

35-19   of action says that between July 1, [19….,] of the year ......, and January 2,

35-20   [19….,] of the year ......, in the county of ................, in the State of

35-21   Nevada, E.F., then and there, being county assessor of the county, did duly

35-22   assess and put down on an assessment roll all the real and personal

35-23   property in the county subject to taxation, and that the assessment roll was

35-24   afterward submitted to the county board of equalization of the county, and

35-25   was by the board duly equalized as provided by law; that A.B. was then

35-26   and there the owner of, and that there was duly assessed to him the above

35-27  -described real estate, improvements upon real estate and certain personal

35-28   property, and that upon such property there has been duly levied for the

35-29   fiscal year [19….] ...... a state tax of ................ dollars, and a county tax of

35-30   ................ dollars, amounting in the whole to ................ dollars, all of

35-31   which is due and unpaid; of which amount ................ dollars was duly

35-32   assessed and levied against the real estate, and ................ dollars against

35-33   the improvements aforesaid, and ................ dollars against the personal

35-34   property.

35-35  Wherefore, plaintiff prays judgment against A.B. for the sum of

35-36   ................ dollars (the whole of the tax) and all penalties and costs, and a

35-37   separate judgment against the real estate and improvements, for the sum of

35-38   ................ dollars (the tax due on real estate, improvements, and personal

35-39   property) and all penalties and costs, as provided by law, and for such

35-40   other judgment as to justice belongs, and for all costs subsequent to the

35-41   assessment of the taxes, and of this action.

 

35-42                                                                              ...............................

35-43                                            C.D., District Attorney

35-44                                            County of……………

 

36-1    Sec. 40.  NRS 361.680 is hereby amended to read as follows:

36-2    361.680  The notice required to be published or posted shall be

36-3   substantially in the following form, and may include any number of cases

36-4   in which the return day of the summons shall be the same:

 

36-5  State of Nevada}

36-6                           }District Attorney’s Office

36-7  County of.. }

 

36-8  Notice of Suits Commenced

 

36-9    To the following-named defendants, and to all owners of, or claimants

36-10   to, the real estate and improvements, when assessed separately, hereinafter

36-11   described, known or unknown.

36-12  You are hereby notified that suits have been commenced in (name of

36-13   court where held) by the State of Nevada, plaintiff, against each of the

36-14   defendants hereinafter named, and each of the following-described tracts

36-15   or parcels of land with the improvements thereon, and improvements when

36-16   separately assessed, and all owners of, or claimants to the same, known or

36-17   unknown, to recover the tax and delinquency assessed to the defendant

36-18   against the property, for the fiscal year commencing ................, and

36-19   ending ................, and that a summons has been duly issued in each case;

36-20   and you are further notified that unless you appear and answer to the

36-21   complaint filed in such cause, on or before the ............. day of […………,

36-22   19….,] the month of ............ of the year ......, judgment will be taken

36-23   against you and the real estate and improvements herein described, for the

36-24   amount of tax and delinquency specified, and cost of suit.

36-25  Tax and delinquency: A.B. (describe real estate and improvements as in

36-26   summons) .............................. ................. $................;

36-27  E.F., personal property, assessed at $..................

 

36-28                                                                              ...............................

36-29                                            C.D., District Attorney

36-30                                           County of…………….

 

36-31  Sec. 41.  NRS 362.050 is hereby amended to read as follows:

36-32  362.050  1.  To obtain the exemption of the surface of a patented mine

36-33   or mining claim from taxation ad valorem, pursuant to section 5 of article

36-34   10 of the constitution of this state, the owner must submit an affidavit to

36-35   the county clerk for the county in which the mine is located on or before

36-36   December 30 covering work done during the 12 months next preceding
12 a.m. on September 1 of that year. The exemption then applies to the

36-37  taxes for the fiscal year beginning on July 1 following the filing of the

36-38   affidavit. Upon receipt of such an affidavit, the county clerk shall cause it

36-39   to be recorded in the office of the county recorder and transmit it to the

36-40   county assessor.

36-41  2.  The affidavit of labor must describe particularly the work

36-42   performed, upon what portion of the mine or claim, and when and by

36-43   whom done, and may be substantially in the following form:

 

37-1  State of Nevada}

37-2                           }ss.

37-3  County of......... }

 

37-4    ................................, being first duly sworn, deposes and says: That

37-5   development work worth at least $100 was performed upon the

37-6   ............................... patented mine or mining claim, situated in the

37-7   ........................................ Mining District, County of

37-8   ..........................................., State of Nevada, during the federal mining

37-9   assessment work period ending within the year [19…..] ....... . The work

37-10   was done at the expense of .............................., the owner (or one of the

37-11   owners) of the patented mine or mining claim, for the purpose of relieving

37-12   it from the tax assessment. It was performed by ................................, at

37-13   about ................ feet in a ................ direction from the monument of

37-14   location, and was done between the ........ day of […………, 19….,] the

37-15   month of ........ of the year ......., and the .......... day of […………, 19….,]

37-16   the month of .......... of the year ......., and consisted of the following work:

37-17  ...........................................................................

37-18  ...........................................................................

 

37-19                                                                              ...............................

37-20                                                     (Signature)

37-21  Subscribed and sworn to before me

37-22  this ...... day of […………, 19….] the month of ...... of the year ……

37-23  ................................

37-24  Notary Public (or other person

37-25  authorized to administer oaths)

 

37-26  Sec. 42.  NRS 412.2675 is hereby amended to read as follows:

37-27  412.2675  1.  Warrants of arrest issued pursuant to NRS 412.267 must

37-28   be in substantially the following form:

 

37-29  State of Nevada}

37-30                          }ss.

37-31  County of........ }

 

37-32  To the (Sheriff) (Constable) (Chief of Police) of ................ (County)

37-33   (Township and County) (City and County):

37-34  .......................................................................... ,

37-35  (Name of person to be arrested, rank, serial number)

37-36  a member of .............................. (Unit designation) Nevada National

37-37   Guard, having failed or refused to report to his appointed place of duty at

37-38   ................................, you are therefore commanded forthwith to arrest the

37-39   above-named .............................. and bring him before me at ................

37-40   The arrest may be made either during the day or at night.

 

38-1    Dated at .....................……………........ this ….…............. day of

38-2  […………, 19…..] the month of ………. of the year ……

 

38-3                                   /s/.......................................

38-4                                   (Name, rank, branch, organization,

38-5                                   and designation as commanding officer)

 

38-6    2.  Fees and mileage allowed for the service of warrants must be the

38-7   same as are provided by law for the service of criminal process and must

38-8   be paid out of money appropriated to the office of the military, upon

38-9   proper application therefor.

38-10  Sec. 43.  NRS 463.313 is hereby amended to read as follows:

38-11  463.313  1.  At all hearings before the commission other than

38-12   investigative hearings:

38-13  (a) Oral evidence may be taken only upon oath or affirmation

38-14   administered by the commission.

38-15  (b) Every party has the right to:

38-16     (1) Call and examine witnesses;

38-17     (2) Introduce exhibits relevant to the issues of the case, including the

38-18   transcript of testimony at any investigative hearing conducted by or on

38-19   behalf of the board or the commission;

38-20     (3) Cross-examine opposing witnesses on any matters relevant to the

38-21   issues of the case, even though the matter was not covered in a direct

38-22   examination;

38-23     (4) Impeach any witness regardless of which party first called him to

38-24   testify; and

38-25     (5) Offer rebuttal evidence.

38-26  (c) If the respondent does not testify in his own behalf, he may be called

38-27   and examined as if under cross-examination.

38-28  (d) The hearing need not be conducted according to technical rules

38-29   relating to evidence and witnesses. Any relevant evidence may be

38-30   admitted and is sufficient in itself to support a finding if it is the sort of

38-31   evidence on which responsible persons are accustomed to rely in the

38-32   conduct of serious affairs, regardless of the existence of any common law

38-33   or statutory rule which might make improper the admission of such

38-34   evidence over objection in a civil action.

38-35  (e) The parties or their counsel may by written stipulation agree that

38-36   certain specified evidence may be admitted even though such evidence

38-37   might otherwise be subject to objection.

38-38  2.  The commission may take official notice of any generally accepted

38-39   information or technical or scientific matter within the field of gaming,

38-40   and of any other fact which may be judicially noticed by the courts of this

38-41   state. The parties must be informed of any information, matters or facts so

38-42   noticed, and must be given a reasonable opportunity, on request, to refute

38-43   such information, matters or facts by evidence or by written or oral

38-44   presentation of authorities, the manner of such refutation to be determined

38-45   by the commission.

38-46  3.  Affidavits may be received in evidence at any hearing of the

38-47   commission in accordance with the following:

39-1    (a) The party wishing to use an affidavit must, not less than 10 days

39-2  before the day set for hearing, serve upon the opposing party or counsel,

39-3   either personally or by registered or certified mail, a copy of the affidavit

39-4   which he proposes to introduce in evidence together with a notice as

39-5   provided in paragraph (c).

39-6    (b) Unless the opposing party, within 7 days after such service, mails or

39-7   delivers to the proponent a request to cross-examine the affiant, his right to

39-8   cross-examine the affiant is waived and the affidavit, if introduced in

39-9   evidence, must be given the same effect as if the affiant had testified

39-10   orally. If an opportunity to cross-examine an affiant is not afforded after

39-11   request therefor is made in accordance with this paragraph, the affidavit

39-12   may be introduced in evidence, but must be given only the same effect as

39-13   other hearsay evidence.

39-14  (c) The notice referred to in paragraph (a) must be substantially in the

39-15   following form:

 

39-16           The accompanying affidavit of (here insert name of affiant) will be

39-17   introduced as evidence at the hearing set for the ........ day of

39-18   […………, 19…..] the month of ………. of the year …… (Here

39-19   insert name of affiant) will not be called to testify orally and you will

39-20   not be entitled to question him unless you notify the undersigned that

39-21   you wish to cross-examine him. To be effective your request must be

39-22   mailed or delivered to the undersigned on or before 7 days from the

39-23   date this notice and the enclosed affidavit are served upon you.

 

39-24                                                                              ...............................

39-25                                               (Party or Counsel)

39-26                                                                              ...............................

39-27                                                      (Address)

39-28  Sec. 44.  NRS 463A.090 is hereby amended to read as follows:

39-29  463A.090  1.  The commission shall determine the time and place of

39-30   the hearing as soon as is reasonably practical after receiving the

39-31   respondent’s notice of defense. The commission shall deliver or send a

39-32   notice of hearing by registered or certified mail to all parties at least 10

39-33   days prior to the hearing. Unless the respondent consents, the hearing shall

39-34   not be held prior to the expiration of the time within which the respondent

39-35   is entitled to file a notice of defense.

39-36  2.  The notice of hearing shall be substantially in the following form,

39-37   but may include other information:

 

39-38           You Are Hereby Notified that a hearing will be held before the

39-39   Nevada gaming commission at (here insert place of hearing) on the

39-40   .......... day of […………, 19….,] the month of ………. of the year

39-41   ……, at the hour of ................, upon the charges made in the

39-42   statement of reasons served upon you. You may be present at the

39-43   hearing and may be, but need not be, represented by counsel. You

39-44   may present any relevant evidence, and you will be given full

39-45   opportunity to cross-examine all witnesses testifying against you.

39-46   You are entitled to the issuance of subpoenas to compel the

39-47   attendance of witnesses and the production of books, documents, or

39-48   other things by applying to the Nevada gaming commission.

40-1    Sec. 45.  NRS 463A.100 is hereby amended to read as follows:

40-2    463A.100  1.  Before a hearing before the commission, and during a

40-3   hearing upon reasonable cause shown, the commission shall issue

40-4   subpoenas and subpoenas duces tecum at the request of a party. All

40-5   witnesses appearing pursuant to subpoena, other than parties, officers or

40-6   employees of the State of Nevada or any political subdivision thereof, are

40-7   entitled to fees and mileage in the same amounts and under the same

40-8   circumstances as provided by law for witnesses in civil actions in the

40-9   district courts. Witnesses entitled to fees or mileage who attend hearings at

40-10   points so far removed from their residences as to prohibit return thereto

40-11   from day to day are entitled, in addition to witness fees and in lieu of

40-12   mileage, to the per diem compensation for subsistence and transportation

40-13   authorized for state officers and employees for each day of actual

40-14   attendance and for each day necessarily occupied in traveling to and from

40-15   the hearings. Fees, subsistence and transportation expenses must be paid

40-16   by the party at whose request the witness is subpoenaed. The commission

40-17   may, in its discretion, award as costs the amount of all such expenses to

40-18   the prevailing party.

40-19  2.  The testimony of any material witness residing within or without the

40-20   State of Nevada may be taken by deposition in the manner provided by the

40-21   Nevada Rules of Civil Procedure.

40-22  3.  Affidavits may be received in evidence at any hearing of the

40-23   commission in accordance with the following:

40-24  (a) The party wishing to use an affidavit shall, not less than 10 days

40-25   prior to the day set for hearing, serve upon the opposing party or counsel,

40-26   either personally or by registered or certified mail, a copy of the affidavit

40-27   which he proposes to introduce in evidence together with a notice as

40-28   provided in paragraph (c).

40-29  (b) Unless the opposing party, within 7 days after such service, mails or

40-30   delivers to the proponent a request to cross-examine affiant his right to

40-31   cross-examine the affiant is waived and the affidavit, if introduced in

40-32   evidence, must be given the same effect as if the affiant had testified

40-33   orally. If an opportunity to cross-examine an affiant is not afforded after

40-34   request therefor is made in accordance herewith, the affidavit may be

40-35   introduced in evidence, but must be given only the same effect as other

40-36   hearsay evidence.

40-37  (c) The notice referred to in paragraph (a) must be substantially in the

40-38   following form:

 

40-39           The accompanying affidavit of (here insert name of affiant) will be

40-40   introduced as evidence at the hearing set for the .......... day of

40-41   […………, 19…..] the month of ………. of the year ……. (Here

40-42   insert name of affiant) will not be called to testify orally and you will

40-43   not be entitled to question him unless you notify the undersigned that

40-44   you wish to cross-examine him. To be effective your request must be

40-45   mailed or delivered to the undersigned on or before 7 days from the

40-46   date this notice and the enclosed affidavit are served upon you.

40-47                                                                              ...............................

40-48                                               (Party or Counsel)

40-49                                                                              ...............................

40-50                                                      (Address)

41-1    Sec. 46.  Section 3 of chapter 44, Statutes of Nevada 1999, at page

41-2  119, is hereby amended to read as follows:

41-3  Sec. 3.  NRS 217.450 is hereby amended to read as follows:

41-4    217.450  1.  The commission on mental health and developmental

41-5   services shall advise the administrator of the division concerning the

41-6   award of grants from the account for aid for victims of domestic violence.

41-7    2.  The administrator of the division shall give priority to those

41-8   applications for grants from the account for aid for victims of domestic

41-9   violence submitted by organizations which offer the broadest range of

41-10   services for the least cost within one or more counties. The administrator

41-11   shall not approve the use of money from a grant to acquire any buildings.

41-12  3.  The administrator of the division has the final authority to approve

41-13   or deny an application for a grant. The administrator shall notify each

41-14   applicant in writing of the action taken on its application within 45 days

41-15   after the deadline for filing the application.

41-16  4.  In determining the amount of money to be allocated for grants, the

41-17   administrator of the division shall use the following formula:

41-18  (a) A basic allocation of $7,000 must be made [to provide services for

41-19   residents of] for each county whose population is less than 100,000. For

41-20   counties whose population is 100,000 or more, the basic allocation is

41-21   $35,000. These allocations must be increased or decreased for each fiscal

41-22   year ending after June 30, 1990, by the same percentage that the amount

41-23   deposited in the account during the preceding fiscal year, pursuant to NRS

41-24   122.060, is greater or less than the sum of $791,000.

41-25  (b) Any additional revenue available in the account must be allocated to

41-26   grants, on a per capita basis, for all counties whose population is 14,000 or

41-27   more.

41-28           (c) Money remaining in the account after disbursement of grants

41-29   does not revert and may be awarded in a subsequent year.

41-30  Sec. 47.  1.  Section 1 of chapter 50, Statutes of Nevada 1999, at page

41-31   125, is hereby amended to read as follows:

41-32  Section 1.  NRS 449.017 is hereby amended to read as follows:

41-33  449.017  1.  Except as otherwise provided in subsection 2, “residential

41-34   facility for groups” means an establishment that furnishes food, shelter,

41-35   assistance and limited supervision to[:

41-36  (a) Any] an aged, infirm, mentally retarded or handicapped person . [;

41-37   or

41-38  (b) Four or more females during pregnancy or after delivery.]

41-39  2.  The term does not include:

41-40  (a) An establishment which provides care only during the day;

41-41  (b) A natural person who provides care for no more than two persons in

41-42   his own home;

41-43  (c) A natural person who provides care for one or more persons related

41-44   to him within the third degree of consanguinity or affinity; or

41-45  (d) A facility funded by [the welfare] a division or [the division of

41-46   mental health and developmental services] program of the department of

41-47   human resources.

41-48  2.  Chapter 50, Statutes of Nevada 1999, at page 126, is hereby

41-49   amended by adding thereto new sections to be designated as sections 2, 3

41-50   and 4, immediately following section 1, to read as follows:

42-1  Sec. 2.  Section 13 of chapter 642, Statutes of Nevada 1999, at

42-2  page 3611, is hereby amended to read as follows:

42-3    Sec. 13.  1.  This section and sections 1, 2, 4[, 5] and 7 to

42-4   [12,] 11, inclusive, of this act become effective on October 1,

42-5   1999.

42-6    2.  [Section 6 of this act becomes effective at 12:01 a.m. on

42-7   October 1, 1999.

42-8    3.]  Section 3 of this act becomes effective upon passage and

42-9   approval for the purpose of adopting standards and regulations, and

42-10   on January 1, 2000, for all other purposes.

42-11           Sec. 3.  Sections 5, 6, 11.5 and 12 of chapter 642, Statutes of

42-12   Nevada 1999, at pages 3607, 3610 and 3611, are hereby repealed.

42-13           Sec. 4.  1.  This section and sections 2 and 3 of this act become

42-14   effective on September 30, 1999.

42-15           2.  Section 1 of this act becomes effective on October 1, 1999.

42-16  Sec. 48.  Section 4 of chapter 59, Statutes of Nevada 1999, at page

42-17   145, is hereby amended to read as follows:

42-18           Sec. 4.  NRS 34.745 is hereby amended to read as follows:

42-19           34.745  1.  If a petition challenges the validity of a judgment of

42-20   conviction or sentence and is the first petition filed by the petitioner,

42-21   the judge or justice shall order the [respondent] district attorney or

42-22   the attorney general, whichever is appropriate, to:

42-23           (a) File:

42-24     (1) A response or an answer to the petition; and

42-25     (2) [A] If an evidentiary hearing is required pursuant to NRS

42-26   34.770, a return,

42-27  within 45 days or a longer period fixed by the judge or justice; or

42-28           (b) Take [such] other action [as] that the judge or justice deems

42-29   appropriate.

42-30           2.  If a petition challenges the computation of time that the

42-31   petitioner has served pursuant to a judgment of conviction, the

42-32   judge or justice shall order the attorney general to:

42-33           (a) File:

42-34     (1) A response or an answer to the petition; and

42-35     (2) A return,

42-36  within 45 days or a longer period fixed by the judge or justice.

42-37           (b) Take other action that the judge or justice deems appropriate.

42-38           3.  An order entered pursuant to subsection 1 or 2 must be in

42-39   substantially the following form, with appropriate modifications if

42-40   the order is entered by a justice of the supreme court:

 

42-41  Case No.  .......

42-42  Dept. No.  ......

 

42-43  IN THE .................. JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

 

43-1  ............................

43-2       Petitioner,

 

43-3              v.                       ORDER

 

43-4  ............................

43-5     Respondent.

 

43-6  Petitioner filed a petition for a writ of habeas corpus on [............,

43-7   19....] …………(month)…...(day),……(year). The court has

43-8   reviewed the petition and has determined that a response would assist

43-9   the court in determining whether petitioner is illegally imprisoned

43-10   and restrained of his liberty. Respondent shall, within 45 days after

43-11   the date of this order, answer or otherwise respond to the petition and

43-12   file a return in accordance with the provisions of NRS 34.360 to

43-13   34.830, inclusive.

 

43-14           Dated [……………, 19....]…………(month)…...(day),……(year)

 

43-15                                                                        ...............................

43-16                                             District Judge

 

43-17  A copy of the order must be served on the petitioner or his counsel,

43-18   the respondent, the attorney general and the district attorney of the

43-19   county in which the petitioner was convicted.

43-20           [3.] 4.  If the petition is a second or successive petition

43-21   challenging the validity of a judgment of conviction or sentence[,]

43-22   and if it plainly appears from the face of the petition or an amended

43-23   petition and [any] documents and exhibits that are annexed to it, or

43-24   from [any of the] records of the court[,] that the petitioner is not

43-25   entitled to relief[,] based on any of the grounds set forth in

43-26   subsection 2 of NRS 34.810, the judge or justice shall enter an order

43-27   for its summary dismissal and cause the petitioner to be notified of

43-28   the entry of the order.

43-29           [4.] 5.  If the judge or justice relies on the records of the court in

43-30   entering an order pursuant to this section, those records must be made

43-31   a part of the record of the proceeding before entry of the order.

43-32  Sec. 49.  Section 4 of chapter 63, Statutes of Nevada 1999, at page

43-33   155, is hereby amended to read as follows:

43-34           Sec. 4.  NRS 366.221 is hereby amended to read as follows:

43-35  366.221  1.  Except as otherwise provided in subsection 2, [no] a

43-36   special fuel user’s license [may be] is not required of the following classes

43-37   of special fuel users:

43-38  (a) Operators of motor vehicles who make occasional trips into this

43-39   state for service or repair.

43-40  (b) Operators of house coaches as defined in NRS 484.067.

43-41  (c) Operators of motor vehicles having a declared gross weight of

43-42   26,000 pounds or less.

43-43  (d) Operators of unladen motor vehicles purchased in this state for the

43-44   trip from the point of delivery to the state boundary.

44-1    (e) Operators of motor vehicles who make occasional trips into or

44-2  across this state for nonprofit or eleemosynary purposes.

44-3    [(f) Operators of motor vehicles used in the production of motion

44-4   pictures, including films to be shown in theaters and on television,

44-5   industrial, training and educational films, commercials for television and

44-6   video discs and tapes.

44-7    (g) Private motor carriers of property which is used for any convention,

44-8   show, exhibition, sporting event, carnival, circus or organized recreational

44-9   activity.

44-10  (h) A private motor carrier of property which is used to attend livestock

44-11   shows or sales.]

44-12  2.  A person otherwise exempt pursuant to subsection 1 who does not

44-13   purchase special fuel in this state in an amount commensurate with his

44-14   consumption of special fuel in the propulsion of motor vehicles on the

44-15   highways of this state shall secure a special fuel user’s license.

44-16  [3.  As used in this section, “private motor carrier of property” has the

44-17   meaning ascribed to it in NRS 706.111.]

44-18  Sec. 50.  Section 45 of chapter 91, Statutes of Nevada 1999, at page

44-19   228, is hereby amended to read as follows:

44-20           Sec. 45.  NRS 616D.200 is hereby amended to read as follows:

44-21           616D.200  1.  If the administrator finds that an employer within

44-22   the provisions of NRS 616B.633 has failed to provide and secure

44-23   compensation as required by the terms of chapters 616A to 616D,

44-24   inclusive, or chapter 617 of NRS or that the employer has provided

44-25   and secured that compensation but has failed to maintain it, he shall

44-26   make a determination thereon and may charge the employer an

44-27   amount equal to the sum of:

44-28           (a) The premiums that would otherwise have been owed to the

44-29   system or a private carrier pursuant to the terms of chapters 616A to

44-30   616D, inclusive, or chapter 617 of NRS for the period that the

44-31   employer was doing business in this state without providing, securing

44-32   or maintaining that compensation, but not to exceed 6 years; and

44-33           (b) Interest at a rate determined pursuant to NRS 17.130 computed

44-34   from the time that the premiums should have been paid.

44-35  The money collected pursuant to this subsection must be paid into the

44-36   uninsured employers’ claim fund.

44-37           2.  The administrator shall deliver a copy of his determination to

44-38   the employer. An employer who is aggrieved by the determination of

44-39   the administrator may appeal from the determination pursuant to

44-40   subsection 2 of NRS 616D.220.

44-41           3.  Any employer within the provisions of NRS 616B.633 who

44-42   fails to provide, secure or maintain compensation as required by the

44-43   terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS,

44-44   is:

44-45           (a) For the first offense, guilty of a misdemeanor.

44-46           (b) For a second or subsequent offense committed within 7 years

44-47   after the previous offense, guilty of a category C felony and shall be

44-48   punished as provided in NRS 193.130.

44-49  Any criminal penalty imposed must be in addition to the amount

44-50   charged pursuant to subsection 1.

45-1    Sec. 51.  1.  Section 7 of chapter 101, Statutes of Nevada 1999, at

45-2  page 277, is hereby amended to read as follows:

45-3  Sec. 7.  NRS 354.59811 is hereby amended to read as follows:

45-4  354.59811  1.  Except as otherwise provided in NRS [350.087,]

45-5   354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705,

45-6   450.425, 540A.265 and 543.600 and section 1 of [this act,] Assembly

45-7   Bill No. 275 of this session, for each fiscal year beginning on or after

45-8   July 1, 1989, the maximum amount of money that a local

45-9   government, except a school district, a district to provide a telephone

45-10   number for emergencies, or a redevelopment agency, may receive

45-11   from taxes ad valorem, other than those attributable to the net

45-12   proceeds of minerals or those levied for the payment of bonded

45-13   indebtedness and interest thereon incurred as [a general or medium

45-14  -term obligation] general long-term debt of the issuer, or for the

45-15   payment of obligations issued to pay the cost of a water project

45-16   pursuant to NRS 349.950, or for the payment of obligations under a

45-17   capital lease executed before April 30, 1981, must be calculated as

45-18   follows:

45-19           [1.] (a) The rate must be set so that when applied to the current

45-20   fiscal year’s assessed valuation of all property which was on the

45-21   preceding fiscal year’s assessment roll, together with the assessed

45-22   valuation of property on the central assessment roll which was

45-23   allocated to the local government, but excluding any assessed

45-24   valuation attributable to the net proceeds of minerals, assessed

45-25   valuation attributable to a redevelopment area and assessed valuation

45-26   of a fire protection district attributable to real property which is

45-27   transferred from private ownership to public ownership for the

45-28   purpose of conservation, it will produce 106 percent of the maximum

45-29   revenue allowable from taxes ad valorem for the preceding fiscal

45-30   year, except that the rate so determined must not be less than the rate

45-31   allowed for the previous fiscal year, except for any decrease

45-32   attributable to the imposition of a tax pursuant to NRS 354.59813 in

45-33   the previous year.

45-34           [2.] (b) This rate must then be applied to the total assessed

45-35   valuation, excluding the assessed valuation attributable to the net

45-36   proceeds of minerals and the assessed valuation of a fire protection

45-37   district attributable to real property which is transferred from private

45-38   ownership to public ownership for the purpose of conservation but

45-39   including new real property, possessory interests and mobile homes,

45-40   for the current fiscal year to determine the allowed revenue from

45-41   taxes ad valorem for the local government.

45-42           2.  As used in this section, “general long-term debt” does not

45-43   include debt created for medium-term obligations pursuant to NRS

45-44   350.085 to 350.095, inclusive.

46-1    2.  Chapter 101, Statutes of Nevada 1999, at page 278, is hereby

46-2  amended by adding thereto a new section to be designated as section 8.1,

46-3   immediately following section 8, to read as follows:

46-4  Sec. 8.1.  Section 4 of chapter 490, Statutes of Nevada 1999, at

46-5   page 2537, is hereby amended to read as follows:

46-6         Sec. 4.  NRS 354.59811 is hereby amended to read as follows:

46-7         354.59811  1.  Except as otherwise provided in NRS

46-8   354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705,

46-9   450.425, 540A.265 and 543.600 , [and] section 1 of Assembly Bill

46-10   No. 275 of this session[,] and section 2 of this act, for each fiscal

46-11   year beginning on or after July 1, 1989, the maximum amount of

46-12   money that a local government, except a school district, a district

46-13   to provide a telephone number for emergencies, or a

46-14   redevelopment agency, may receive from taxes ad valorem, other

46-15   than those attributable to the net proceeds of minerals or those

46-16   levied for the payment of bonded indebtedness and interest thereon

46-17   incurred as general long-term debt of the issuer, or for the payment

46-18   of obligations issued to pay the cost of a water project pursuant to

46-19   NRS 349.950, or for the payment of obligations under a capital

46-20   lease executed before April 30, 1981, must be calculated as

46-21   follows:

46-22         (a) The rate must be set so that when applied to the current fiscal

46-23   year’s assessed valuation of all property which was on the

46-24   preceding fiscal year’s assessment roll, together with the assessed

46-25   valuation of property on the central assessment roll which was

46-26   allocated to the local government, but excluding any assessed

46-27   valuation attributable to the net proceeds of minerals, assessed

46-28   valuation attributable to a redevelopment area and assessed

46-29   valuation of a fire protection district attributable to real property

46-30   which is transferred from private ownership to public ownership

46-31   for the purpose of conservation, it will produce 106 percent of the

46-32   maximum revenue allowable from taxes ad valorem for the

46-33   preceding fiscal year, except that the rate so determined must not

46-34   be less than the rate allowed for the previous fiscal year, except for

46-35   any decrease attributable to the imposition of a tax pursuant to

46-36   NRS 354.59813 in the previous year.

46-37         (b) This rate must then be applied to the total assessed valuation,

46-38   excluding the assessed valuation attributable to the net proceeds of

46-39   minerals and the assessed valuation of a fire protection district

46-40   attributable to real property which is transferred from private

46-41   ownership to public ownership for the purpose of conservation but

46-42   including new real property, possessory interests and mobile

46-43   homes, for the current fiscal year to determine the allowed revenue

46-44   from taxes ad valorem for the local government.

46-45         2.  As used in this section, “general long-term debt” does not

46-46   include debt created for medium-term obligations pursuant to NRS

46-47   350.085 to 350.095, inclusive.

47-1    Sec. 52.  Sections 35, 64 and 131 of chapter 104, Statutes of Nevada

47-2  1999, at pages 309, 323 and 363, respectively, are hereby amended to read

47-3   respectively as follows:

47-4    Sec. 35.  1.  A security interest in investment property, deposit

47-5   accounts, letter-of-credit rights, or electronic chattel paper may be

47-6   perfected by control of the collateral under section 5, 6, 7 or 8 of this act.

47-7    2.  A security interest in deposit accounts, electronic chattel paper, or

47-8   letter-of-credit rights is perfected by control under section 5, 6 or 8 of

47-9   this act when the secured party obtains control and remains perfected by

47-10   control only while the secured party retains control.

47-11  3.  A security interest in investment property is perfected by control

47-12   under section 7 of this act from the time the secured party obtains

47-13   control and remains perfected by control until:

47-14  (a) The secured party does not have control; and

47-15  (b) One of the following occurs:

47-16     (1) If the collateral is a certificated security, the debtor has or

47-17   acquires possession of the security certificate;

47-18     (2) If the collateral is an uncertificated security, the issuer has

47-19   registered or registers the debtor as the registered owner; or

47-20     (3) If the collateral is a security entitlement, the debtor is or

47-21   becomes the entitlement holder.

47-22  Sec. 64.  1.  Except as otherwise provided in subsection 2 and

47-23   sections 69, 70, 71 and 72 of this act, whether a debtor’s rights in

47-24   collateral may be voluntarily or involuntarily transferred is governed by

47-25   law other than this article.

47-26  2.  An agreement between the debtor and secured party which

47-27   prohibits a transfer of the debtor’s rights in collateral or makes the

47-28   transfer a default does not prevent the transfer from taking effect.

47-29  Sec. 131.  1.  If action, other than the filing of a financing

47-30   statement, is taken before July 1, 2001, and the action would have

47-31   resulted in priority of a security interest over the rights of a person that

47-32   becomes a lien creditor had the security interest become enforceable

47-33   before that date, the action is effective to perfect a security interest that

47-34   attaches under this article as amended within 1 year after that date. An

47-35   attached security interest becomes unperfected 1 year after July 1, 2001,

47-36   unless the security interest becomes a perfected security interest under

47-37   this article as amended before the expiration of that period.

47-38  2.  The filing of a financing statement before July 1, 2001, is effective

47-39   to perfect a security interest to the extent the filing would satisfy the

47-40   applicable requirements for perfection under this article as amended.

47-41  3.  This article as amended does not render ineffective an effective

47-42   financing statement that was filed before July 1, 2001, and satisfied the

47-43   applicable requirements for perfection under the law of the jurisdiction

47-44   governing perfection as provided in section 4 of this act as that section

47-45   read at the time of filing. However, except as otherwise provided in

47-46   subsections 4 and 5 and section 132 of this act, the financing statement

47-47   ceases to be effective at the earlier of:

47-48  (a) The time the financing statement would have ceased to be effective

47-49   under the law of the jurisdiction in which it is filed; or

47-50  (b) June 30, 2006.

48-1    4.  The filing of a continuation statement on or after July 1, 2001,

48-2  does not continue the effectiveness of the financing statement filed before

48-3   that date. However, upon the timely filing of a continuation statement

48-4   after that date and in accordance with the law of the jurisdiction

48-5   governing perfection as provided in Part 3, the effectiveness of a

48-6   financing statement filed in the same office in that jurisdiction before

48-7   that date continues for the period provided by the law of that

48-8   jurisdiction.

48-9    5.  Paragraph (b) of subsection 3 applies to a financing statement that

48-10   was filed against a transmitting utility before July 1, 2001, and satisfied

48-11   the applicable requirements for perfection under the law of the

48-12   jurisdiction governing perfection as provided in section 4 of this act as

48-13   that section read at the time of filing only to the extent that Part 3

48-14   provides that the law of a jurisdiction other than jurisdiction in which

48-15   the financing statement is filed governs perfection of a security interest

48-16   in collateral covered by the financing statement.

48-17  6.  A financing statement that includes a financing statement filed

48-18   before July 1, 2001, and a continuation statement filed after that date

48-19   are effective only to the extent that the financing statement satisfies the

48-20   requirements of Part 5 for an initial financing statement.

48-21  Sec. 53.  Section 2 of chapter 130, Statutes of Nevada 1999, at page

48-22   767, is hereby amended to read as follows:

48-23           Sec. 2.  Section 4 of chapter 422, Statutes of Nevada 1997, at

48-24   page 1503, as amended by section 37 of chapter 105, Statutes of

48-25   Nevada 1999, at page 455, is hereby amended to read as follows:

48-26         Sec. 4.  1.  This section and sections 2.1 to 2.5, inclusive, of

48-27   this act become effective on September 30, 1997.

48-28         2.  Section 3 of this act becomes effective on October 1, 1997.

48-29         3.  Section 2 of this act becomes effective at 12:02 a.m. on

48-30   October 1, 1997.

48-31         4.  Section 1 of this act becomes effective on [January 1, 2001.]

48-32   October 1, 1999.

48-33  Sec. 54.  1.  Sections 5 and 8 of chapter 135, Statutes of Nevada

48-34   1999, at pages 782 and 783, respectively, are hereby amended to read

48-35   respectively as follows:

48-36           Sec. 5.  NRS 41.0338 is hereby amended to read as follows:

48-37           41.0338  As used in NRS 41.0339 to 41.0349, inclusive, and

48-38   sections 2, 3 and 4 of this act, unless the context otherwise requires,

48-39   “official attorney” means:

48-40           1.  The attorney general, in an action which involves a present or

48-41   former legislator, officer or employee of this state, immune

48-42   contractor or member of a state board or commission.

48-43           2.  The chief legal officer or other authorized legal representative

48-44   of a political subdivision, in an action which involves a present or

48-45   former officer or employee of that political subdivision or a present

48-46   or former member of a local board or commission.

48-47           Sec. 8.  1.  This section and section 4.1 of this act [becomes]

48-48   become effective on June 30, 1999.

48-49           2.  Sections 1 to 4, inclusive, 5, 6 and 7 of this act become

48-50   effective on July 1, 1999 , and [expires] expire by limitation on
June 30, 2001.

49-1    2.  Chapter 135, Statutes of Nevada 1999, at page 782, is hereby

49-2  amended by adding thereto a new section to be designated as section 4.1,

49-3   immediately following section 4, to read as follows:

49-4  Sec. 4.1.  NRS 41.0338 is hereby amended to read as follows:

49-5  41.0338  As used in NRS 41.0339 to 41.0349, inclusive, unless

49-6   the context otherwise requires, “official attorney” means:

49-7  1.  The attorney general, in an action which involves a present or

49-8   former legislator, officer or employee of this state, immune

49-9   contractor or member of a state board or commission.

49-10           2.  The chief legal officer or other authorized legal representative

49-11   of a political subdivision, in an action which involves a present or

49-12   former officer or employee of that political subdivision or a present

49-13   or former member of a local board or commission.

49-14  Sec. 55.  Section 7 of chapter 137, Statutes of Nevada 1999, at page

49-15   788, is hereby amended to read as follows:

49-16           Sec. 7.  NRS 278.464 is hereby amended to read as follows:

49-17  278.464  1.  Except as otherwise provided in subsection 2, if there is a

49-18   planning commission, it shall:

49-19  (a) In a county whose population is 40,000 or more, within 45 days; or

49-20  (b) In a county whose population is less than 40,000, within 60 days,

49-21  after accepting as a complete application a parcel map, recommend

49-22   approval, conditional approval or disapproval of the map in a written

49-23   report. The planning commission shall submit the parcel map and the

49-24   written report to the governing body.

49-25  2.  If the governing body has authorized the planning commission to

49-26   take final action on a parcel map, the planning commission shall:

49-27  (a) In a county whose population is 40,000 or more, within 45 days; or

49-28  (b) In a county whose population is less than 40,000, within 60 days,

49-29  after accepting as a complete application the parcel map, approve,

49-30   conditionally approve or disapprove the map. It shall file its written

49-31   decision with the governing body. Unless the time is extended by mutual

49-32   agreement, if the planning commission is authorized to take final action

49-33   and it fails to take action within the period specified in this subsection, the

49-34   parcel map shall be deemed approved.

49-35  3.  If there is no planning commission or if the governing body has not

49-36   authorized the planning commission to take final action, the governing

49-37   body or, by authorization of the governing body, the director of planning

49-38   or other authorized person or agency shall:

49-39  (a) In a county whose population is 40,000 or more, within 45 days; or

49-40  (b) In a county whose population is less than 40,000, within 60 days,

49-41  after acceptance of the parcel map as a complete application by the

49-42   governing body pursuant to subsection 1 or pursuant to subsection 2 of

49-43   NRS 278.461, review and approve, conditionally approve or disapprove

49-44   the parcel map. Unless the time is extended by mutual agreement, if the

49-45   governing body, the director of planning or other authorized person or

49-46   agency fails to take action within the period specified in this subsection,

49-47   the parcel map shall be deemed approved.

49-48  4.  Except as otherwise provided in NRS 278.463, if unusual

49-49   circumstances exist, a governing body or, if authorized by the governing

49-50   body, the planning commission may waive the requirement for a parcel

50-1  map. Before waiving the requirement for a parcel map, a determination

50-2  must be made by the county surveyor, city surveyor or professional land

50-3   surveyor appointed by the governing body that a survey is not required.

50-4   Unless the time is extended by mutual agreement, a request for a waiver

50-5   must be acted upon:

50-6    (a) In a county whose population is 40,000 or more, within 45 days; or

50-7    (b) In a county whose population is less than 40,000, within 60 days,

50-8  after the date of the request for the waiver, or, in the absence of action, the

50-9   waiver shall be deemed approved.

50-10  5.  A governing body may consider or may, by ordinance, authorize the

50-11   consideration of the criteria set forth in subsection 3 of NRS 278.349 in

50-12   determining whether to approve, conditionally approve or disapprove a

50-13   second or subsequent parcel map for land that has been divided by a parcel

50-14   map which was recorded within the 5 years immediately preceding the

50-15   acceptance of the second or subsequent parcel map as a complete

50-16   application.

50-17  6.  An applicant or other person aggrieved by a decision of the

50-18   governing body’s authorized representative or by a final act of the

50-19   planning commission may appeal to the governing body within a

50-20   reasonable period to be determined, by ordinance, by the governing body.

50-21   The governing body shall render its decision:

50-22  (a) In a county whose population is 40,000 or more, within 45 days; or

50-23  (b) In a county whose population is less than 40,000, within 60 days,

50-24  after the date the appeal is filed.

50-25  7.  If a parcel map and the associated division of land are approved or

50-26   deemed approved pursuant to this section, the approval must be noted on

50-27   the map in the form of a certificate attached thereto and executed by the

50-28   clerk of the governing body, the governing body’s designated

50-29   representative or the chairman of the planning commission. A certificate

50-30   attached to a parcel map pursuant to this subsection must indicate, if

50-31   applicable, that the governing body or planning commission determined

50-32   that a public street, easement or utility easement which will not remain

50-33   in effect after a merger and resubdivision of parcels conducted pursuant

50-34   to section 3 of this act, has been vacated or abandoned in accordance

50-35   with NRS 278.480.

50-36  Sec. 56.  Section 1 of chapter 170, Statutes of Nevada 1999, at page

50-37   876, is hereby amended to read as follows:

50-38           Section 1.  Chapter 422 of NRS is hereby amended by adding

50-39   thereto a new section to read as follows:

50-40           1.  Except as otherwise provided in this section, the welfare

50-41   division shall, to the extent that it is not prohibited by federal law,

50-42   recover from a recipient of public assistance, the estate of the

50-43   recipient, the undivided estate of a recipient of Medicaid or a

50-44   person who signed the application for public assistance on behalf of

50-45   the recipient an amount not to exceed the amount of public

50-46   assistance incorrectly paid to the recipient, if the person who signed

50-47   the application:

50-48           (a) Failed to report any required information to the welfare

50-49   division that the person knew at the time he signed the application;

50-50   or

51-1  (b) Failed to report to the welfare division within the period

51-2  allowed by the welfare division any required information that the

51-3   person obtained after he filed the application.

51-4  2.  Except as otherwise provided in this section, a recipient of

51-5   incorrectly paid public assistance, the undivided estate of a

51-6   recipient of Medicaid or a person who signed the application for

51-7   public benefits on behalf of the recipient shall reimburse the

51-8   division or appropriate state agency for the value of the incorrectly

51-9   paid public assistance.

51-10           3.  The state welfare administrator or his designee may, to the

51-11   extent that it is not prohibited by federal law, determine the amount

51-12   of, and settle, adjust, compromise or deny a claim against a

51-13   recipient of public assistance, the estate of the recipient, the

51-14   undivided estate of a recipient of Medicaid or a person who signed

51-15   the application for public assistance on behalf of the recipient.

51-16           4.  The state welfare administrator may, to the extent that it is

51-17   not prohibited by federal law, waive the repayment of public

51-18   assistance incorrectly paid to a recipient if the incorrect payment

51-19   was not the result of an intentional misrepresentation or omission

51-20   by the recipient and if repayment would cause an undue hardship

51-21   to the recipient. The state welfare administrator shall, by

51-22   regulation, establish the terms and conditions of such a waiver,

51-23   including, without limitation, the circumstances that constitute

51-24   undue hardship.

51-25  Sec. 57.  Sections 1 to 5, inclusive, and 7 of chapter 177, Statutes of

51-26   Nevada 1999, at pages 890 to 893, inclusive, are hereby amended to read

51-27   respectively as follows:

51-28           Section 1.  NRS 513.094 is hereby amended to read as follows:

51-29           513.094  1.  An additional fee, in an amount established [by the

51-30   commission for each claim,] pursuant to subsection 4, is imposed

51-31   upon all filings to which NRS 517.185 applies. Each county recorder

51-32   shall collect and pay over the additional fee, and the additional fee

51-33   must be deposited in the same manner as provided in that section.

51-34           2.  The administrator shall, within the limits of the money

51-35   provided by this fee, establish a program to discover dangerous

51-36   conditions that result from mining practices which took place at a

51-37   mine that is no longer operating, identify if feasible the owner or

51-38   other person responsible for the condition, and rank the conditions

51-39   found in descending order of danger. The administrator shall annually

51-40   during the month of January, or more often if the danger discovered

51-41   warrants, inform each board of county commissioners concerning the

51-42   dangerous conditions found in the respective counties, including their

51-43   degree of danger relative to one another and to those conditions

51-44   found in the state as a whole. [The] In addition, the administrator

51-45   shall [further] work to educate the public to recognize and avoid

51-46   those hazards resulting from mining practices which took place at a

51-47   mine that is no longer operating.

51-48           3.  To carry out this program and these duties, the administrator

51-49   shall employ a qualified assistant, who must be in the unclassified

52-1  service of the state and whose position is in addition to the

52-2  unclassified positions otherwise authorized in the division by statute.

52-3  4.  The commission shall [provide] establish by regulation:

52-4  (a) The fee required pursuant to subsection 1, in an amount not

52-5   to exceed $4 per claim.

52-6  (b) Standards for determining the conditions created by the

52-7   abandonment of a former mine or its associated works that constitute

52-8   a danger to persons or animals and for determining the relative

52-9   degree of danger. A condition whose existence violates a federal or

52-10   state statute or regulation intended to protect public health or safety is

52-11   a danger because of that violation.

52-12           [(b)] (c) Standards for abating the kinds of dangers usually found,

52-13   including, but not limited to, standards for excluding persons and

52-14   animals from dangerous open excavations.

52-15           Sec. 2.  NRS 517.185 is hereby amended to read as follows:

52-16           517.185  1.  In addition to any recording fee, each filing pursuant

52-17   to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and

52-18   517.230 must be submitted with a filing fee [for each claim that is

52-19   established by the commission on mineral resources.] in an amount

52-20   established pursuant to subsection 2. The county recorder shall

52-21   collect the filing fee and, on or before the fifth working day of each

52-22   month, deposit with the county treasurer all such fees collected

52-23   during the preceding month. The county treasurer shall quarterly pay

52-24   the money collected to the division. The division shall deposit with

52-25   the state treasurer, for credit to the account for the division of

52-26   minerals created pursuant to NRS 513.103, all money received

52-27   pursuant to this section.

52-28           2.  The commission on mineral resources shall, by regulation,

52-29   establish the filing fee required pursuant to subsection 1 in an

52-30   amount not to exceed $6 per claim.

53-1  Sec. 3.  NRS 519A.250 is hereby amended to read as follows:

53-2  519A.250  1.  An operator who is required by federal law to file

53-3   a plan of operation or an amended plan of operation with the United

53-4   States Bureau of Land Management or the United States Forest

53-5   Service for operations relating to mining or exploration on public

53-6   land administered by a federal agency, shall, not later than 30 days

53-7   after the approval of the plan or amended plan, provide the division

53-8   of minerals of the commission on mineral resources with a copy of

53-9   the filing and pay to the division of minerals a fee in an amount

53-10   established [by the commission on mineral resources] pursuant to

53-11   subsection 5 for each acre or part of an acre of land to be disturbed

53-12   by mining included in the plan or incremental acres to be disturbed

53-13   pursuant to an amended plan.

53-14           2.  The division of minerals shall adopt by regulation a method of

53-15   refunding a portion of the fee required by this section if a plan of

53-16   operation is amended to reduce the number of acres or part of an acre

53-17   to be disturbed pursuant to the amended plan. The refund must be

53-18   based on the reduced number of acres or part of an acre to be

53-19   disturbed.

53-20           3.  All money received by the division of minerals pursuant to

53-21   subsection 1 must be accounted for separately and used by the

53-22   division of minerals to create and administer programs for:

53-23           (a) The abatement of hazardous conditions existing at abandoned

53-24   mine sites which have been identified and ranked pursuant to the

53-25   degree of hazard established by regulations adopted by the division of

53-26   minerals; and

53-27           (b) The education of the members of the general public concerning

53-28   the dangers of the hazardous conditions described in
paragraph (a).

53-29  All interest and income earned on the money in the account, after

53-30   deducting applicable charges, must be deposited in the account for

53-31   the division of minerals created pursuant to NRS 513.103.

53-32           4.  On or before February 1 of each odd-numbered year, the

53-33   division of minerals shall file a report with the governor and the

53-34   legislature describing its activities, total revenues and expenditures

53-35   pursuant to this section.

53-36           5.  The commission on mineral resources shall, by regulation,

53-37   establish the fee required pursuant to subsection 1 in an amount

53-38   not to exceed $30 per acre.

53-39           Sec. 4.  NRS 522.050 is hereby amended to read as follows:

53-40           522.050  1.  A person desiring to drill a well in search of oil or

53-41   gas shall notify the division of that intent on a form prescribed by the

53-42   division and shall pay a fee in an amount established [by the

53-43   commission on mineral resources] pursuant to subsection 2 for a

53-44   permit for each well. Upon receipt of the notification and fee, the

53-45   division shall promptly issue to the person a permit to drill, unless the

53-46   drilling of the well is contrary to law or a regulation or order of the

53-47   division. The drilling of a well is prohibited until a permit to drill is

53-48   obtained in accordance with the provisions of this chapter.

54-1  2.  The commission on mineral resources shall, by regulation,

54-2  establish the fee required pursuant to subsection 1 in an amount not

54-3   to exceed $200 per permit.

54-4  Sec. 5.  NRS 522.150 is hereby amended to read as follows:

54-5  522.150  1.  Any expenses in connection with Nevada’s

54-6   affiliation with the Interstate Oil Compact Commission must be paid

54-7   from the account for the division of minerals created pursuant to
NRS 513.103.

54-8  2.  To pay the expenses of the division, every producer of oil or

54-9   natural gas in this state shall, on or before the last day of each month,

54-10   report to the division and the state treasurer his production in this

54-11   state of oil in barrels and of natural gas in thousands of cubic feet

54-12   during the preceding month, and at the same time shall pay to the

54-13   division a fee in an amount established [by the commission on

54-14   mineral resources for]pursuant to subsection 3 on each barrel of oil

54-15   and each 50,000 cubic feet of natural gas produced and marketed by

54-16   him during the preceding month. The division shall deposit with the

54-17   state treasurer, for credit to the account for the division of minerals,

54-18   all money received pursuant to this subsection. Every person

54-19   purchasing such oil or natural gas is liable for the payment of the fee

54-20   for each barrel of oil or each 50,000 cubic feet of natural gas, unless

54-21   it has been paid by the producer.

54-22           3.  The commission on mineral resources shall, by regulation,

54-23   establish the administrative fee required pursuant to subsection 2 in

54-24   an amount not to exceed 20 cents for each barrel of oil or each

54-25   50,000 cubic feet of natural gas.

54-26           Sec. 7.  1.  This section and section 6 of this act [becomes]

54-27   become effective on July 1, 1999.

54-28           2.  Sections 1 to 5, inclusive, of this act become effective at 12:01

54-29   a.m. on July 1, 1999.

54-30  Sec. 58.  Section 2 of chapter 210, Statutes of Nevada 1999, at page

54-31   968, is hereby amended to read as follows:

54-32           Sec. 2.  This act becomes effective on July 1, 1999 [.] , and

54-33   expires by limitation on July 1, 2007.

54-34  Sec. 59.  Section 113 of chapter 224, Statutes of Nevada 1999, at page

54-35   1023, is hereby amended to read as follows:

54-36           Sec. 113.  1.  This section and section 100.7 of this act become

54-37   effective upon passage and approval.

54-38           2.  [The] Except as otherwise provided in subsection 3, the

54-39   remaining sections of this act become effective on January 1, 2000,

54-40   for the purposes of the adoption of regulations by the department of

54-41   motor vehicles and public safety and the execution of any other

54-42   administrative matters necessary to allow the department to begin

54-43   collecting the taxes on January 1, 2002, and for all other purposes on

54-44   January 1, 2002.

54-45           3.  Section 93 of this act becomes effective on January 1, 2000,

54-46   for the purposes of the adoption of regulations by the department of

54-47   motor vehicles and public safety and the execution of any other

54-48   administrative matters necessary to allow the department to begin

55-1  collecting the taxes on January 1, 2002, and for all other purposes

55-2  at 12:01 a.m. on January 1, 2002.

55-3    Sec. 60.  Section 1 of chapter 238, Statutes of Nevada 1999, at page

55-4   1049, is hereby amended to read as follows:

55-5  Section 1.  NRS 373.040 is hereby amended to read as follows:

55-6    373.040  1.  In counties whose population is 100,000 or more, the

55-7   commission must be composed of representatives selected by the

55-8   following entities from among their members:

55-9    (a) Two by the board.

55-10  (b) Two by the governing body of the largest city.

55-11  (c) One by the governing body of each additional city in the county.

55-12  2.  In counties whose population is less than 100,000, the commission

55-13   must be composed of representatives selected as follows:

55-14  (a) If the county contains a city:

55-15     (1) Two by the board.

55-16     (2) One by the governing body of the largest city.

55-17  (b) If the county contains no city, the board shall select:

55-18     (1) Two members of the board; and

55-19     (2) One representative of the public, who is a resident of the largest

55-20   town, if any, in the county.

55-21  3.  In Carson City, the commission must be composed of

55-22   representatives selected by the board of supervisors as follows:

55-23  (a) Two members of the board of supervisors, one of whom must be

55-24   designated by the commission to serve as chairman of the commission.

55-25  (b) Three representatives of the city at large.

55-26  4.  The first representatives must be selected within 30 days after

55-27   passage of the ordinance creating the commission, and, except as

55-28   otherwise provided in subsections 5 [and 6,] , 6 and 7, must serve until the

55-29   next ensuing December 31 of an even-numbered year. The representative

55-30   of any city incorporated after passage of the ordinance must be selected

55-31   within 30 days after the first meeting of the governing body, and, except as

55-32   otherwise provided in subsection [6,] 7, must serve until the next ensuing

55-33   December 31 of an even-numbered year. Their successors must serve for

55-34   terms of 2 years, and vacancies must be filled for the unexpired term.

55-35  5.  In Carson City:

55-36  (a) One representative of the commission who is a member of the board

55-37   of supervisors and one representative of the commission who is a

55-38   representative of the city at large must serve until the next ensuing

55-39   December 31 of an even-numbered year; and

55-40  (b) One representative of the commission who is a member of the board

55-41   of supervisors and two representatives of the commission who are

55-42   representatives of the city at large must serve until the next ensuing

55-43   December 31 of an odd-numbered year.

55-44  6.  In counties whose population is 100,000 or more, but less than

55-45   400,000:

55-46  (a) One representative selected by the board and one representative

55-47   selected by the governing body of the largest city in the county must

55-48   serve until the next ensuing December 31 of an even-numbered year;

55-49   and

56-1    (b) One representative selected by the board and one representative

56-2  selected by the governing body of the largest city in the county must serve

56-3   until the next ensuing December 31 of an odd-numbered year.

56-4    7.  In counties whose population is 400,000 or more, the first

56-5   representatives and the representative of any city incorporated after

56-6   passage of the ordinance must serve until the next ensuing June 30 of an

56-7   odd-numbered year.

56-8    Sec. 61.  Sections 1, 2 and 3 of chapter 256, Statutes of Nevada 1999,

56-9   at pages 1092 and 1095, are hereby amended to read respectively as

56-10   follows:

56-11           Section 1.  NRS 360.690 is hereby amended to read as follows:

56-12           360.690  1.  Except as otherwise provided in NRS 360.730, the

56-13   executive director shall estimate monthly the amount each local

56-14   government, special district and enterprise district will receive from

56-15   the account pursuant to the provisions of this section.

56-16           2.  The executive director shall establish a base monthly allocation

56-17   for each local government, special district and enterprise district by

56-18   dividing the amount determined pursuant to NRS 360.680 for each

56-19   local government, special district and enterprise district by 12 and the

56-20   state treasurer shall, except as otherwise provided in subsections 3, 4

56-21   and 5, remit monthly that amount to each local government, special

56-22   district and enterprise district.

56-23           3.  If, after making the allocation to each enterprise district for the

56-24   month, the executive director determines there is not sufficient

56-25   money available in the county’s subaccount in the account to allocate

56-26   to each local government and special district the base monthly

56-27   allocation determined pursuant to subsection 2, he shall prorate the

56-28   money in the county’s subaccount and allocate to each local

56-29   government and special district an amount equal to the percentage of

56-30   the amount that the local government or special district received from

56-31   the total amount which was distributed to all local governments and

56-32   special districts within the county for the fiscal year immediately

56-33   preceding the year in which the allocation is made. The state treasurer

56-34   shall remit that amount to the local government or special district.

56-35           4.  Except as otherwise provided in subsection 5, if the executive

56-36   director determines that there is money remaining in the county’s

56-37   subaccount in the account after the base monthly allocation

56-38   determined pursuant to subsection 2 has been allocated to each local

56-39   government, special district and enterprise district, he shall

56-40   immediately determine and allocate each:

56-41           (a) Local government’s share of the remaining money by:

56-42     (1) Multiplying one-twelfth of the amount allocated pursuant to

56-43   NRS 360.680 by one plus the sum of the:

56-44           (I) Percentage change in the population of the local

56-45   government for the fiscal year immediately preceding the year in

56-46   which the allocation is made, as certified by the governor pursuant to

56-47   NRS 360.285 except as otherwise provided in subsection 6; and

56-48           (II) Average percentage of change in the assessed valuation of

56-49   the taxable property in the local government, [except any] including

56-50   assessed valuation attributable to a redevelopment agency but

57-1  excluding the portion attributable to the net proceeds of minerals,

57-2  over the year in which the allocation is made, as projected by the

57-3   department pursuant to NRS 361.390, and the 4 fiscal years

57-4   immediately preceding the year in which the allocation is made; and

57-5      (2) Using the figure calculated pursuant to subparagraph (1) to

57-6   calculate and allocate to each local government an amount equal to

57-7   the proportion that the figure calculated pursuant to subparagraph (1)

57-8   bears to the total amount of the figures calculated pursuant to

57-9   subparagraph (1) of this paragraph and subparagraph (1) of paragraph

57-10   (b), respectively, for the local governments and special districts

57-11   located in the same county multiplied by the total amount available in

57-12   the subaccount; and

57-13  (b) Special district’s share of the remaining money by:

57-14     (1) Multiplying one-twelfth of the amount allocated pursuant to

57-15   NRS 360.680 by one plus the average change in the assessed

57-16   valuation of the taxable property in the special district, [except any]

57-17   including assessed valuation attributable to a redevelopment agency

57-18   but excluding the portion attributable to the net proceeds of

57-19   minerals, over the 5 fiscal years immediately preceding the year in

57-20   which the allocation is made; and

57-21     (2) Using the figure calculated pursuant to subparagraph (1) to

57-22   calculate and allocate to each special district an amount equal to the

57-23   proportion that the figure calculated pursuant to subparagraph (1)

57-24   bears to the total amount of the figures calculated pursuant to

57-25   subparagraph (1) of this paragraph and subparagraph (1) of paragraph

57-26   (a), respectively, for the local governments and special districts

57-27   located in the same county multiplied by the total amount available in

57-28   the subaccount.

57-29  The state treasurer shall remit the amount allocated to each local

57-30   government or special district pursuant to this subsection.

57-31           5.  The executive director shall not allocate any amount to a local

57-32   government or special district pursuant to subsection 4, unless the

57-33   amount distributed and allocated to each of the local governments

57-34   and special districts in the county in each preceding month of the

57-35   fiscal year in which the allocation is to be made was at least equal to

57-36   the base monthly allocation determined pursuant to subsection 2. If

57-37   the amounts distributed to the local governments and special districts

57-38   in the county for the preceding months of the fiscal year in which the

57-39   allocation is to be made were less than the base monthly allocation

57-40   determined pursuant to subsection 2 and the executive director

57-41   determines there is money remaining in the county’s subaccount in

57-42   the account after the distribution for the month has been made, he

57-43   shall:

57-44           (a) Determine the amount by which the base monthly allocations

57-45   determined pursuant to subsection 2 for each local government and

57-46   special district in the county for the preceding months of the fiscal

57-47   year in which the allocation is to be made exceeds the amounts

57-48   actually received by the local governments and special districts in the

57-49   county for the same period; and

58-1  (b) Compare the amount determined pursuant to paragraph (a) to

58-2  the amount of money remaining in the county’s subaccount in the

58-3   account to determine which amount is greater.

58-4  If the executive director determines that the amount determined

58-5   pursuant to paragraph (a) is greater, he shall allocate the money

58-6   remaining in the county’s subaccount in the account pursuant to the

58-7   provisions of subsection 3. If the executive director determines that

58-8   the amount of money remaining in the county’s subaccount in the

58-9   account is greater, he shall first allocate the money necessary for each

58-10   local government and special district to receive the base monthly

58-11   allocation determined pursuant to subsection 2 and the state treasurer

58-12   shall remit that money so allocated. The executive director shall

58-13   allocate any additional money in the county’s subaccount in the

58-14   account pursuant to the provisions of subsection 4.

58-15           6.  The percentage change calculated pursuant to paragraph (a) of

58-16   subsection 4 must:

58-17           (a) If the Bureau of the Census of the United States Department of

58-18   Commerce issues population totals that conflict with the totals

58-19   certified by the governor pursuant to NRS 360.285, be an estimate of

58-20   the change in population for the calendar year, based upon the

58-21   population totals issued by the Bureau of the Census.

58-22           (b) If a new method of determining population is established

58-23   pursuant to NRS 360.283, be adjusted in a manner that will result in

58-24   the percentage change being based on population determined

58-25   pursuant to the new method for both the fiscal year in which the

58-26   allocation is made and the fiscal year immediately preceding the year

58-27   in which the allocation is made.

58-28           7.  On or before February 15 of each year, the executive director

58-29   shall provide to each local government, special district and enterprise

58-30   district a preliminary estimate of the revenue it will receive from the

58-31   account for that fiscal year.

58-32           8.  On or before March 15 of each year, the executive director

58-33   shall:

58-34           (a) Make an estimate of the receipts from each tax included in the

58-35   account on an accrual basis for the next fiscal year in accordance with

58-36   generally accepted accounting principles, including an estimate for

58-37   each county of the receipts from each tax included in the account; and

58-38           (b) Provide to each local government, special district and

58-39   enterprise district an estimate of the amount that local government,

58-40   special district or enterprise district would receive based upon the

58-41   estimate made pursuant to paragraph (a) and calculated pursuant to

58-42   the provisions of this section.

58-43           9.  A local government, special district or enterprise district may

58-44   use the estimate provided by the executive director pursuant to

58-45   subsection 8 in the preparation of its budget.

58-46           Sec. 2.  NRS 354.598747 is hereby amended to read as follows:

58-47           354.598747  1.  [For the purpose of calculating] To calculate the

58-48   amount to be distributed pursuant to the provisions of NRS 360.680

58-49   and 360.690 from a county’s subaccount in the local government tax

58-50   distribution account to a local government, special district or

59-1  enterprise district after it assumes the functions of another local

59-2  government, special district or enterprise district:

59-3  (a) Except as otherwise provided in this subsection and subsection

59-4   2, the executive director of the department of taxation shall:

59-5      (1) Add the amounts calculated pursuant to subsection 1 or 2 of

59-6   NRS 360.680 for each local government, special district or enterprise

59-7   district and allocate the combined amount to the local government,

59-8   special district or enterprise district that assumes the functions; and

59-9      (2) If applicable, add the population and average change in the

59-10   assessed valuation of the taxable property that would otherwise be

59-11   allowed to the local government or special district whose functions

59-12   are assumed, [except any] including the assessed valuation

59-13   attributable to a redevelopment agency but excluding the portion

59-14   attributable to the net proceeds of minerals, pursuant to subsection 4

59-15   of NRS 360.690 to the population and average change in assessed

59-16   valuation for the local government, special district or enterprise

59-17   district that assumes the functions.

59-18           (b) If two or more local governments, special districts or enterprise

59-19   districts assume the functions of another local government, special

59-20   district or enterprise district, the additional revenue must be divided

59-21   among the local governments, special districts or enterprise districts

59-22   that assume the functions on the basis of the proportionate costs of

59-23   the functions assumed.

59-24  The Nevada tax commission shall not allow any increase in the

59-25   allowed revenue from the taxes contained in the county’s subaccount

59-26   in the local government tax distribution account if the increase would

59-27   result in a decrease in revenue of any local government, special

59-28   district or enterprise district in the county that does not assume those

59-29   functions. If more than one local government, special district or

59-30   enterprise district assumes the functions, the Nevada tax commission

59-31   shall determine the appropriate amounts calculated pursuant to

59-32   subparagraphs (1) and (2) of paragraph (a).

59-33           2.  If a city disincorporates, the board of county commissioners of

59-34   the county in which the city is located must determine the amount the

59-35   unincorporated town created by the disincorporation will receive

59-36   pursuant to the provisions of NRS 360.600 to 360.740, inclusive.

59-37           3.  As used in this section:

59-38           (a) “Enterprise district” has the meaning ascribed to it in NRS

59-39   360.620.

59-40           (b) “Local government” has the meaning ascribed to it in NRS

59-41   360.640.

59-42           (c) “Special district” has the meaning ascribed to it in NRS

59-43   360.650.

59-44           Sec. 3.  This act becomes effective at 12:01 a.m. on July 1, 1999.

60-1    Sec. 62.  Section 1 of chapter 267, Statutes of Nevada 1999, at page

60-2  1133, is hereby amended to read as follows:

60-3  Section 1.  NRS 445A.863 is hereby amended to read as follows:

60-4    445A.863  1.  The state board of health shall provide by regulation

60-5   standards for the certification of laboratories for the analysis of water

60-6   pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required

60-7   pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, or

60-8   required by a lender as a condition precedent to the transfer of real

60-9   property must be performed by a [certified laboratory.] laboratory that is

60-10   certified in accordance with the standards adopted by the state board of

60-11   health pursuant to this subsection.

60-12  2.  The certifying officer shall conduct an evaluation at the site of each

60-13   laboratory to determine whether the laboratory is using the methods of

60-14   analysis required by this section in an acceptable manner, applying

60-15   procedures required by regulation for the control of quality and making

60-16   results available in a timely manner.

60-17  3.  For analyses required pursuant to NRS 445A.800 to 445A.955,

60-18   inclusive, or by a lender as a condition precedent to the transfer of real

60-19   property, the methods used must comply with the Federal Act.

60-20  4.  A laboratory may be certified to perform analyses for the presence

60-21   of one or more specified contaminants, or to perform all analyses required

60-22   pursuant to NRS 445A.800 to 445A.955, inclusive.

60-23  Sec. 63.  1.  Sections 3 and 4 of chapter 280, Statutes of Nevada

60-24   1999, at pages 1173 and 1174, respectively, are hereby amended to read

60-25   respectively as follows:

60-26           Sec. 3.  NRS 482.500 is hereby amended to read as follows:

60-27           482.500  1.  Except as otherwise provided in subsection 2[,] or

60-28   3, whenever upon application any duplicate or substitute certificate of

60-29   registration, decal or number plate is issued, the following fees must

60-30   be paid:

 

60-31  For a certificate of registration.............. $5.00

60-32  For every substitute number plate or set of plates5.00

60-33  For every duplicate number plate or set of plates  10.00

60-34  For every decal displaying a county name .50

60-35  For every other decal , [(]license plate sticker or tab[)]                                                                  5.00

 

60-36           2.  The following fees must be paid for any replacement plate or

60-37   set of plates issued for the following special license plates:

60-38           (a) For any special plate issued pursuant to NRS 482.3667,

60-39   482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

60-40   482.3816, inclusive, a fee of $10.

60-41           (b) For any special plate issued pursuant to NRS 482.368,

60-42   482.3765, 482.377 or 482.378, a fee of $5.

60-43           (c) For any souvenir license plate issued pursuant to NRS

60-44   482.3825 or sample license plate issued pursuant to NRS 482.2703, a

60-45   fee equal to that established by the director for the issuance of those

60-46   plates.

60-47           3.  A fee must not be charged for a duplicate or substitute decal

60-48   requested pursuant to section 1 of this act.

61-1  4.  The fees which are paid for duplicate number plates and decals

61-2  displaying county names must be deposited with the state treasurer for

61-3   credit to the motor vehicle fund and allocated to the department to

61-4   defray the costs of duplicating the plates and manufacturing the

61-5   decals.

61-6  [4.] 5.  As used in this section:

61-7  (a) “Duplicate number plate” means a license plate or a set of

61-8   license plates issued to a registered owner which repeat the code of a

61-9   plate or set of plates previously issued to the owner to maintain his

61-10   registration using the same code.

61-11           (b) “Substitute number plate” means a license plate or a set of

61-12   license plates issued in place of a previously issued and unexpired

61-13   plate or set of plates. The plate or set of plates does not repeat the

61-14   code of the previously issued plate or set.

61-15           Sec. 4.  1.  This section and sections 3, 3.1 and 3.2 of this act

61-16   become effective on September 30, 1999.

61-17           2.  Sections 1 and 2 of this act become effective on October 1,

61-18   1999.

61-19           [2.  Section 3 of this act becomes effective at 12:01 a.m. on

61-20   October 1, 1999.]

61-21  2.  Chapter 280, Statutes of Nevada 1999, at page 1174, is hereby

61-22   amended by adding thereto new sections to be designated as sections 3.1

61-23   and 3.2, immediately following section 3, to read respectively as follows:

61-24  Sec. 3.1.  Section 3 of chapter 64, Statutes of Nevada 1999, at

61-25   page 158, is hereby amended to read as follows:

61-26  Sec. 3.  NRS 482.500 is hereby amended to read as follows:

61-27  482.500  1.  Except as otherwise provided in subsection 2 or 3,

61-28   whenever upon application any duplicate or substitute certificate of

61-29   registration, decal or number plate is issued, the following fees

61-30   must be paid:

 

61-31  For a certificate of registration........... $5.00

61-32  For every substitute number plate or set of plates        5.00

61-33  For every duplicate number plate or set of plates        10.00

61-34  For every decal displaying a county name .50

61-35  For every other decal, license plate sticker or tab        5.00

 

61-36  2.  The following fees must be paid for any replacement plate or

61-37   set of plates issued for the following special license plates:

61-38  (a) For any special plate issued pursuant to NRS 482.3667,

61-39   482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

61-40   482.3816, inclusive, and section 1 of this act, a fee of $10.

61-41  (b) For any special plate issued pursuant to NRS 482.368,

61-42   482.3765, 482.377 or 482.378, a fee of $5.

61-43  (c) For any souvenir license plate issued pursuant to NRS

61-44   482.3825 or sample license plate issued pursuant to NRS

61-45   482.2703, a fee equal to that established by the director for the

61-46   issuance of those plates.

62-1    3.  A fee must not be charged for a duplicate or substitute decal

62-2  requested pursuant to section 1 of [this act.] Senate Bill No. 379 of

62-3   this session.

62-4    4.  The fees which are paid for duplicate number plates and

62-5   decals displaying county names must be deposited with the state

62-6   treasurer for credit to the motor vehicle fund and allocated to the

62-7   department to defray the costs of duplicating the plates and

62-8   manufacturing the decals.

62-9    5.  As used in this section:

62-10  (a) “Duplicate number plate” means a license plate or a set of

62-11   license plates issued to a registered owner which repeat the code of

62-12   a plate or set of plates previously issued to the owner to maintain

62-13   his registration using the same code.

62-14  (b) “Substitute number plate” means a license plate or a set of

62-15   license plates issued in place of a previously issued and unexpired

62-16   plate or set of plates. The plate or set of plates does not repeat the

62-17   code of the previously issued plate or set.

62-18  Sec. 3.2.  Section 5 of chapter 277, Statutes of Nevada 1999, at

62-19   page 1167, is hereby amended to read as follows:

62-20  Sec. 5.  NRS 482.500 is hereby amended to read as follows:

62-21  482.500  1.  Except as otherwise provided in subsection 2 or 3,

62-22   whenever upon application any duplicate or substitute certificate of

62-23   registration, decal or number plate is issued, the following fees

62-24   must be paid:

 

62-25  For a certificate of registration........... $5.00

62-26  For every substitute number plate or set of plates        5.00

62-27  For every duplicate number plate or set of plates        10.00

62-28  For every decal displaying a county name .50

62-29  For every other decal, license plate sticker or tab        5.00

62-30  2.  The following fees must be paid for any replacement plate or

62-31   set of plates issued for the following special license plates:

62-32  (a) For any special plate issued pursuant to NRS 482.3667,

62-33   482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to

62-34   482.3816, inclusive, [and]section 1 of Senate Bill No. 204 of this

62-35   session and section 2 ofthis act, a fee of $10.

62-36  (b) For any special plate issued pursuant to NRS 482.368,

62-37   482.3765, 482.377 or 482.378, a fee of $5.

62-38  (c) For any souvenir license plate issued pursuant to NRS

62-39   482.3825 or sample license plate issued pursuant to NRS

62-40   482.2703, a fee equal to that established by the director for the

62-41   issuance of those plates.

62-42  3.  A fee must not be charged for a duplicate or substitute decal

62-43   requested pursuant to section 1 of Senate Bill No. 379 of this

62-44   session.

62-45  4.  The fees which are paid for duplicate number plates and

62-46   decals displaying county names must be deposited with the state

62-47   treasurer for credit to the motor vehicle fund and allocated to the

62-48   department to defray the costs of duplicating the plates and

62-49   manufacturing the decals.

63-1    5.  As used in this section:

63-2    (a) “Duplicate number plate” means a license plate or a set of

63-3   license plates issued to a registered owner which repeat the code of

63-4   a plate or set of plates previously issued to the owner to maintain

63-5   his registration using the same code.

63-6    (b) “Substitute number plate” means a license plate or a set of

63-7   license plates issued in place of a previously issued and unexpired

63-8   plate or set of plates. The plate or set of plates does not repeat the

63-9   code of the previously issued plate or set.

63-10  Sec. 64.  Section 2 of chapter 287, Statutes of Nevada 1999, at page

63-11   1186, is hereby amended to read as follows:

63-12           Sec. 2.  NRS 426.565 [is] and section 95 of chapter 354, Statutes

63-13   of Nevada 1999, at page 1495, are hereby repealed.

63-14  Sec. 65.  Sections 5, 6 and 9 of chapter 288, Statutes of Nevada 1999,

63-15   at pages 1189, 1190 and 1191, respectively, and section 15 of chapter 288,

63-16   Statutes of Nevada 1999, at page 1197, as amended by section 29.6 of

63-17   chapter 435, Statutes of Nevada 1999, at page 2045, are hereby amended

63-18   to read respectively as follows:

63-19           Sec. 5.  NRS 176.135 is hereby amended to read as follows:

63-20  176.135  1.  Except as otherwise provided in this section[,] and

63-21   section 3 of this act, the division shall make a presentence

63-22   investigation and report to the court on each defendant who pleads

63-23   guilty, guilty but mentally ill or nolo contendere to or is found guilty

63-24   of a felony.

63-25  2.  If a defendant is convicted of a felony that is a sexual offense,

63-26   the presentence investigation and report:

63-27  (a) Must be made before the imposition of sentence or the granting

63-28   of probation; and

63-29  (b) If the sexual offense is an offense for which the suspension of

63-30   sentence or the granting of probation is permitted, must include a

63-31   psychosexual evaluation of the defendant.

63-32  3.  If a defendant is convicted of a felony other than a sexual

63-33   offense, the presentence investigation and report must be made before

63-34   the imposition of sentence or the granting of probation unless:

63-35  (a) A sentence is fixed by a jury; or

63-36  (b) Such an investigation and report on the defendant has been

63-37   made by the division within the 5 years immediately preceding the

63-38   date initially set for sentencing on the most recent offense.

63-39  4.  Upon request of the court, the division shall make presentence

63-40   investigations and reports on defendants who plead guilty, guilty but

63-41   mentally ill or nolo contendere to or are found guilty of gross

63-42   misdemeanors.

63-43           Sec. 6.  NRS 176.145 is hereby amended to read as follows:

63-44           176.145  1.  The report of [the] any presentence investigation

63-45   must contain:

63-46           (a) Any prior criminal record of the defendant;

63-47           (b) [Such information about his characteristics,] Information

63-48   concerning the characteristics of the defendant, his financial

63-49   condition, the circumstances affecting his behavior and the

63-50   circumstances of [the offense, as] his offense that may be helpful in

64-1  imposing sentence, in granting probation or in the correctional

64-2  treatment of the defendant;

64-3  (c) Information concerning the effect that the [crime] offense

64-4   committed by the defendant has had upon the victim, including, [but

64-5   not limited to,] without limitation, any physical or psychological

64-6   harm or financial loss suffered by the victim, to the extent that such

64-7   information is available from the victim or other sources, but the

64-8   provisions of this paragraph do not require any particular

64-9   examination or testing of the victim, and the extent of any

64-10   investigation or examination is solely at the discretion of the court or

64-11   the division and the extent of the information to be included in the

64-12   report is solely at the discretion of the division;

64-13           (d) Information concerning whether the defendant has an

64-14   obligation for the support of a child, and if so, whether he is in arrears

64-15   in payment on that obligation;

64-16           (e) Data or information concerning reports and investigations

64-17   thereof made pursuant to chapter 432B of NRS that relate to the

64-18   defendant and are made available pursuant to NRS 432B.290;

64-19           (f) The results of the evaluation of the defendant conducted

64-20   pursuant to NRS 484.3796, if such an evaluation is required pursuant

64-21   to that section;

64-22           (g) A recommendation of a minimum term and a maximum term of

64-23   imprisonment or other term of imprisonment authorized by statute, or

64-24   a fine, or both;

64-25           (h) A recommendation, if the division deems it appropriate, that

64-26   the defendant undergo a program of regimental discipline pursuant to

64-27   NRS 176A.780;

64-28           (i) A written report of the results of a psychosexual evaluation of

64-29   the defendant, if such an evaluation is required pursuant to NRS

64-30   176.139; and

64-31           (j) Such other information as may be required by the court.

64-32           2.  The division may include in the report [such] any additional

64-33   information [as] that it believes [will] may be helpful in imposing a

64-34   sentence, in granting probation or in correctional treatment.

64-35           Sec. 9.  NRS 176.335 is hereby amended to read as follows:

64-36           176.335  1.  If a judgment is for imprisonment in the state prison,

64-37   the sheriff of the county shall, on receipt of the triplicate certified

64-38   copies of the judgment of conviction, immediately notify the director

64-39   of the department of prisons and the director shall, without delay,

64-40   send some authorized person to the county where the prisoner is held

64-41   for commitment to receive the prisoner.

64-42           2.  When such an authorized person presents to the sheriff holding

64-43   the prisoner his order for the delivery of the prisoner, the sheriff shall

64-44   deliver to the authorized person two of the certified copies of the

64-45   judgment of conviction and a copy of the report of the presentence

64-46   investigation or general investigation, as appropriate, if required

64-47   pursuant to NRS 176.159, and take from the person a receipt for the

64-48   prisoner, and the sheriff shall make return upon his certified copy of

64-49   the judgment of conviction, showing his proceedings thereunder, and

65-1  both that copy with the return affixed thereto and the receipt from the

65-2  authorized person must be filed with the county clerk.

65-3  3.  The term of imprisonment designated in the judgment of

65-4   conviction must begin on the date of sentence of the prisoner by the

65-5   court.

65-6  4.  Upon the expiration of the term of imprisonment of the

65-7   prisoner, or the termination thereof for any legal reason, the director

65-8   of the department of prisons shall return one of his certified copies of

65-9   the judgment of conviction to the county clerk of the county from

65-10   whence it was issued, with a brief report of his proceedings

65-11   thereunder endorsed thereon, and the endorsed copy must be filed

65-12   with the county clerk. The return must show the cause of the

65-13   termination of such imprisonment, whether by death, legal discharge

65-14   or otherwise.

65-15           Sec. 15.  1.  This section and sections 1 to [11, inclusive, and] 8,

65-16   inclusive, 10, 11, 13 and 14 of this act become effective on October

65-17   1, 1999.

65-18           2.  Section 9 of this act becomes effective at 12:01 a.m. on

65-19   October 1, 1999.

65-20           3.  Section 11 of this act expires by limitation on June 30, 2001.

65-21  Sec. 66.  Sections 9 and 20 of chapter 291, Statutes of Nevada 1999, at

65-22   pages 1212 and 1221, respectively, are hereby amended to read

65-23   respectively as follows:

65-24           Sec. 9.  NRS 459.3816 is hereby amended to read as follows:

65-25  459.3816  1.  The following substances are designated as highly

65-26   hazardous, if present in the quantity designated after each substance or a

65-27   greater quantity:

 

65-28  Number Assigned

65-29  by Chemical                           Quantity

65-30  Chemical Name of SubstanceAbstract Service(In pounds)

           

          65-31  Acetaldehyde.....................        75-07-0       2500

          65-32  Acrolein (2-Propenal).......      107-02-8         150

          65-33  Acrylyl Chloride...............      814-68-6         250

          65-34  Allyl Chloride...................      107-05-1       1000

          65-35  Allylamine........................      107-11-9       1000

          65-36  Alkylaluminums.....................           None       5000

          65-37  Ammonia, Anhydrous....    7664-41-7       5000

          65-38  Ammonia solutions (concentration
   greater than 44% ammonia by
   weight)............................    7664-41-7   10000

          65-39  Ammonium Perchlorate................. 7790-98-9     7500

          65-40  Ammonium Permanganate              7787-36-2     7500

          65-41  Arsine (also called Arsenic
   Hydride).......................    7784-42-1         100

          65-42  Bis (Chloromethyl) Ether                542-88-1      100

          65-43  Boron Trichloride........ 10294-34-5       2500

          65-44  Boron Trifluoride........    7637-07-2         250

          65-45  Bromine......................    7726-95-6       1500

          66-1  Bromine Chloride.......... 13863-41-7       1500

          66-2  Bromine Pentafluoride.....    7789-30-2       2500

          66-3  Bromine Trifluoride.........    7787-71-5     15000

          66-4  3-Bromopropyne (also called Propargyl

          66-5    Bromide)........................      106-96-7         100

          66-6  Butyl Hydroperoxide (Tertiary)           75-91-2      5000

          66-7  Butyl Perbenzoate (Tertiary)             614-45-9      7500

          66-8  Carbonyl Chloride (see Phosgene)      75-44-5      100

          66-9  Carbonyl Fluoride.............      353-50-4       2500

          66-10  Cellulose Nitrate (concentration greater

          66-11  than 12.6% Nitrogen).....    9004-70-0       2500

          66-12  Chlorine.........................    7782-50-5       1500

          66-13  Chlorine Dioxide.......... 10049-04-4       1000

          66-14  Chlorine Pentafluoride.. 13637-63-3       1000

          66-15  Chlorine Trifluoride........    7790-91-2       1000

          66-16  Chlorodiethylaluminum (also called

          66-17  Diethylaluminum Chloride)                96-10-6      5000

          66-18  1-Chloro-2,4-Dinitrobenzene              97-00-7      5000

          66-19  Chloromethyl Methyl Ether              107-30-2      500

          66-20  Chloropicrin......................        76-06-2         500

          66-21  Chloropicrin and Methyl Bromide

          66-22   ...................... mixture                     None..................... 1500

          66-23  Chloropicrin and Methyl Chloride

          66-24   mixture................................           None1500

          66-25  Cumene Hydroperoxide                     80-15-9      5000

          66-26  Cyanogen........................      460-19-5       2500

          66-27  Cyanogen Chloride..........      506-77-4         500

          66-28  Cyanuric Fluoride............      675-14-9         100

          66-29  Diacetyl Peroxide (concentration greater

          66-30  than 70%).......................      110-22-5       5000

          66-31  Diazomethane..................      334-88-3         500

          66-32  Dibenzoyl Peroxide............        94-36-0       7500

          66-33  Diborane...................... 19287-45-7         100

          66-34  Dibutyl Peroxide (Tertiary)               110-05-4      5000

          66-35  Dichloro Acetylene.........    7572-29-4         250

          66-36  Dichlorosilane................    4109-96-0       2500

          66-37  Diethylzinc.......................      557-20-0     10000

          66-38  Diisopropyl Peroxydicarbonate        105-64-6      7500

          66-39  Dilauroyl Peroxide............      105-74-8       7500

          66-40  Dimethyl Sulfide................        75-18-3         100

          66-41  Dimethyldichlorosilane.......        75-78-5       1000

          66-42  Dimethylhydrazine, 1.1-....................    57-14-7      1000

          66-43  Dimethylamine, Anhydrous              124-40-3      2500

          66-44  2, 4 Dinitroaniline...............        97-02-9       5000

          66-45  Ethyl Methyl Ketone Peroxide (also

          66-46  Methyl Ethyl Ketone Peroxide;

          66-47  concentration greater than 60%)     1338-23-4     5000

          66-48  Ethyl Nitrite......................      109-95-5       5000

          66-49  Ethylamine.........................        75-04-7       7500

          66-50  Ethylene Fluorohydrin......      371-62-0         100

          67-1  Ethylene Oxide...................        75-21-8       5000

          67-2  Ethyleneimine....................      151-56-4       1000

          67-3  Fluorine..........................    7782-41-4         100

          67-4  Formaldehyde (concentration 37% or

          67-5    greater by weight)..............        50-00-0       1000

          67-6  Furan...............................      110-00-9         500

          67-7  Hexafluoroacetone............      684-16-2       5000

          67-8  Hydrochloric Acid, Anhydrous        7647-01-0     5000

          67-9  Hydrofluoric Acid, Anhydrous        7664-39-3     1000

          67-10  Hydrogen Bromide....... 10035-10-6       5000

          67-11  Hydrogen Chloride.........    7647-01-0       5000

          67-12  Hydrogen Cyanide, Anhydrous          74-90-8      1000

          67-13  Hydrogen Fluoride.........    7664-39-3       1000

          67-14  Hydrogen Peroxide (concentration 52%

          67-15  or greater by weight)......    7722-84-1       7500

          67-16  Hydrogen Selenide.........    7783-07-5         150

          67-17  Hydrogen Sulfide...........    7783-06-4       1500

          67-18  Hydroxylamine...............    7803-49-8       2500

          67-19  Iron, Pentacarbonyl-..... 13463-40-6         250

          67-20  Isopropyl Formate...........      625-55-8         500

          67-21  Isopropylamine..................        75-31-0       5000

          67-22  Ketene.............................      463-51-4         100

          67-23  Methacrylaldehyde.............        78-85-3       1000

          67-24  Methacryloyl Chloride......      920-46-7         150

          67-25  Methacryloyloxyethyl Isocyanate    30674-80-7    100

          67-26  Methyl Acrylonitrile..........      126-98-7         250

          67-27  Methylamine, Anhydrous                   74-89-5      1000

          67-28  Methyl Bromide.................        74-83-9       2500

          67-29  Methyl Chloride.................        74-87-3     15000

          67-30  Methyl Chloroformate........        79-22-1         500

          67-31  Methyl Disulfide...............      624-92-0         100

          67-32  Methyl Ethyl Ketone Peroxide

          67-33  [(concentration] (also Ethyl Methyl

          67-34  Ketone Peroxide; concentration greater

          67-35  than 60%).....................    1338-23-4       5000

          67-36  Methyl Fluoroacetate........      453-18-9         100

          67-37  Methyl Fluorosulfate........      421-20-5         100

          67-38  Methyl Hydrazine...............        60-34-4         100

          67-39  Methyl Iodide....................        74-88-4       7500

          67-40  Methyl Isocyanate............      624-83-9         250

          67-41  Methyl Mercaptan..............        74-93-1       5000

          67-42  Methyl Vinyl Ketone..........        78-94-4         100

          67-43  Methyltrichlorosilane..........        75-79-6         500

          67-44  Nickel Carbonyl (Nickel

          67-45   ........... Tetracarbonyl)                     13463-39-3.............. 150

          67-46  Nitric Acid (concentration 94.5% or

          67-47  greater by weight)..........    7697-37-2         500

          67-48  Nitric Oxide................. 10102-43-9         250

          67-49  Nitroaniline (para Nitroaniline)          100-01-6      5000

          67-50  Nitromethane.....................        75-52-5       2500

          68-1  Nitrogen Dioxide........... 10102-44-0         250

          68-2  Nitrogen Oxides (NO; NO2; N2O4;

          68-3   N2O3)......................... 10102-44-0  250

          68-4  Nitrogen Tetroxide (also called Nitrogen

          68-5    Peroxide).................... 10544-72-6         250

          68-6  Nitrogen Trifluoride.........    7783-54-2       5000

          68-7  Nitrogen Trioxide.......... 10544-73-7         250

          68-8  Oleum (65% or greater by weight of

          68-9    sulfur trioxide; also called Fuming

          68-10  Sulfuric Acid)................    8014-95-7       1000

          68-11  Osmium Tetroxide........ 20816-12-0         100

          68-12  Oxygen Difluoride (Fluorine

          68-13   Monoxide)....................    7783-41-7  100

          68-14  Ozone.......................... 10028-15-6         100

          68-15  Pentaborane................. 19624-22-7         100

          68-16  Peracetic Acid (concentration greater

          68-17  than 60% Acetic Acid; also called

          68-18  Peroxyacetic Acid)............        79-21-0       1000

          68-19  Perchloric Acid (concentration greater

          68-20  than 60% by weight)......    7601-90-3       5000

          68-21  Perchloromethyl Mercaptan             594-42-3      150

          68-22  Perchloryl Fluoride.........    7616-94-6       5000

          68-23  Peroxyacetic Acid (concentration greater

          68-24  than 60% Acetic Acid; also called

          68-25  Peracetic Acid).................        79-21-0       1000

          68-26  Phosgene (also called Carbonyl

          68-27   Chloride)..........................        75-44-5  100

          68-28  Phosphine (Hydrogen Phosphide)   7803-51-2     100

          68-29  Phosphorus Oxychloride (also called

          68-30  Phosphoryl Chloride)... 10025-87-3       1000

          68-31  Phosphorus Trichloride                  7719-12-2     1000

          68-32  Phosphoryl Chloride (also called

          68-33  Phosphorus Oxychloride)              10025-87-3    1000

          68-34  Propargyl Bromide (also called

          68-35  3-Bromopropyne)...........      106-96-7         100

          68-36  Propyl Nitrate..................      627-13-4         100

          68-37  Sarin................................      107-44-8         100

          68-38  Selenium Hexafluoride....    7783-79-1       1000

          68-39  Stibine (Antimony Hydride)            7803-52-3     500

          68-40  Sulfur Dioxide (liquid)....    7446-09-5       1000

          68-41  Sulfur Pentafluoride........    5714-22-7         250

          68-42  Sulfur Tetrafluoride........    7783-60-0         250

          68-43  Sulfur Trioxide (also called Sulfuric

          68-44  Anhydride)....................    7446-11-9       1000

          68-45  Sulfuric Anhydride (also called Sulfur

          68-46  Trioxide).......................    7446-11-9       1000

          68-47  Tellurium Hexafluoride...    7783-80-4         250

          68-48  Tetrafluoroethylene..........      116-14-3       5000

          68-49  Tetrafluorohydrazine..... 10036-47-2       5000

          68-50  Tetramethyl Lead...............        75-74-1       1000

          69-1  Thionyl Chloride.............    7719-09-7         250

          69-2  Titanium Tetrachloride....    7550-45-0       2500

          69-3  Trichloro(chloromethyl) Silane         1558-25-4     100

          69-4  Trichloro(dichlorophenyl) Silane      27137-85-5    2500

          69-5  Trichlorosilane.............. 10025-78-2       5000

          69-6  Trifluorochloroethylene.......        79-38-9     10000

          69-7  Trimethyoxysilane...........    2487-90-3       1500

           

69-8    2.  The division, in consultation with the health districts created

69-9   pursuant to NRS 439.370, the health division of the department of human

69-10   resources and the division of industrial relations of the department of

69-11   business and industry, shall regularly examine the sources of information

69-12   available to it with regard to potentially highly hazardous substances. The

69-13   division shall, by regulation, add to the list of highly hazardous substances

69-14   any chemical that is identified as being used, manufactured, stored, or

69-15   capable of being produced, at a facility, in sufficient quantities at a single

69-16   site, that its release into the environment would produce a significant

69-17   likelihood that persons exposed would suffer death or substantial bodily

69-18   harm as a consequence of the exposure.

69-19           Sec. 20.  1.  This section and sections 1 to 8, inclusive, and 10

69-20   to 19, inclusive, of this act [becomes] become effective upon passage

69-21   and approval.

69-22           2.  Section 9 of this act becomes effective on May 26, 1999.

69-23  Sec. 67.  1.  Sections 1 and 4 of chapter 306, Statutes of Nevada

69-24   1999, at page 1269, are hereby amended to read respectively as follows:

69-25           Section 1.  Chapter 361 of NRS is hereby amended by adding

69-26   thereto a new section to read as follows:

69-27  “Property of an interstate or intercounty nature” means tangible

69-28   property that:

69-29  1.  Physically crosses a county or state boundary; and

69-30  2.  Is used directly in the operation of the business.

69-31           Sec. 4.  NRS 361.320 is hereby amended to read as follows:

69-32  361.320  1.  At the regular session of the Nevada tax commission

69-33   commencing on the first Monday in October of each year, the Nevada tax

69-34   commission shall establish the valuation for assessment purposes of any

69-35   property of an interstate [and]or intercounty nature[, which must in any

69-36   event include the property] used directly in the operation of all interstate

69-37   or intercounty railroad, sleeping car, private car, [street railway, traction,

69-38   telegraph,] natural gas transmission and distribution, water, telephone,

69-39   scheduled and unscheduled air transport, electric light and power

69-40   companies, together with their franchises, and the property and franchises

69-41   of all railway express companies operating on any common or contract

69-42   carrier in this state. This valuation must not include the value of vehicles

69-43   as defined in NRS 371.020.

69-44  2.  Except as otherwise provided in [subsection] subsections 3 and 6

69-45   and NRS 361.323, the commission shall establish and fix the valuation of

69-46   the franchise, if any, and all physical property used directly in the

69-47   operation of any such business of any such company in this state, as a

69-48   collective unit. If the company is operating in more than one county, on

69-49   establishing the unit valuation for the collective property, the commission

69-50   shall then

70-1  determine the total aggregate mileage operated within the state and within

70-2  its several counties[,] and apportion the mileage upon a mile-unit valuation

70-3   basis. The number of miles apportioned to any county are subject to

70-4   assessment in that county according to the mile-unit valuation established

70-5   by the commission.

70-6    3.  After establishing the valuation, as a collective unit, of a public

70-7   utility which generates, transmits or distributes electricity, the commission

70-8   shall segregate the value of any project in this state for the generation of

70-9   electricity which is not yet put to use. This value must be assessed in the

70-10   county where the project is located and must be taxed at the same rate as

70-11   other property.

70-12  4.  The Nevada tax commission shall adopt formulas[, and cause them

70-13   to be incorporated] and incorporate them in its records, providing the

70-14   method or methods pursued in fixing and establishing the taxable value of

70-15   all franchises and property assessed by it. The formulas must be adopted

70-16   and may be changed from time to time upon its own motion or when made

70-17   necessary by judicial decisions, but the formulas must in any event show

70-18   all the elements of value considered by the commission in arriving at and

70-19   fixing the value for any class of property assessed by it. These formulas

70-20   must take into account, as indicators of value, the company’s income,

70-21   stock and debt, and the cost of its assets.

70-22  5.  If two or more persons perform separate functions that collectively

70-23   are needed to deliver electric service to the final customer and the property

70-24   used in performing the functions would be centrally assessed if owned by

70-25   one person, the Nevada tax commission shall establish its valuation and

70-26   apportion the valuation among the several counties in the same manner as

70-27   the valuation of other centrally assessed property. The Nevada tax

70-28   commission shall determine the proportion of the tax levied upon the

70-29   property by each county according to the valuation of the contribution of

70-30   each person to the aggregate valuation of the property. This subsection

70-31   does not apply to [qualified facilities,] a qualifying facility, as defined in

70-32   18 C.F.R. § 292.101, which [were] was constructed before July 1, 1997.

70-33  6.  A company engaged in a business described in subsection 1 that

70-34   does not have property of an interstate or intercounty nature must be

70-35   assessed as provided in subsection 8.

70-36  7.  As used in this section[, “company”] :

70-37  (a) “Company” means any person, company, corporation or association

70-38   engaged in the business described.

70-39  [7.] (b) “Commercial mobile radio service” has the meaning ascribed

70-40   to it in 47 C.F.R. § 20.3 as that section existed on
January 1, 1998.

70-41  8.  All other property , including, without limitation, that of any

70-42   company engaged in providing commercial mobile radio service, radio

70-43   or television transmission services or cable television services, must be

70-44   assessed by the county assessors, except as otherwise provided in NRS

70-45   361.321 and 362.100 and except that the valuation of land and mobile

70-46   homes must be established for assessment purposes by the Nevada tax

70-47   commission as provided in NRS 361.325.

70-48  [8.] 9.  On or before November 1 of each year, the department shall

70-49   forward a tax statement to each private car line company based on the

71-1  valuation established pursuant to this section and in accordance with the

71-2  tax levies of the several districts in each county. The company shall remit

71-3   the ad valorem taxes due on or before December 15 to the department

71-4   which shall allocate the taxes due each county on a mile-unit basis and

71-5   remit the taxes to the counties no later than January 31. The portion of the

71-6   taxes which is due the state must be transmitted directly to the state

71-7   treasurer. A company which fails to pay the tax within the time required

71-8   shall pay a penalty of 10 percent of the tax due or $5,000, whichever is

71-9   greater, in addition to the tax. Any amount paid as a penalty must be

71-10   deposited in the state general fund. The department may, for good cause

71-11   shown, waive the payment of a penalty pursuant to this subsection. As an

71-12   alternative to any other method of recovering delinquent taxes provided by

71-13   this chapter, the attorney general may bring a civil action in a court of

71-14   competent jurisdiction to recover delinquent taxes due pursuant to this

71-15   subsection in the manner provided in NRS 361.560.

71-16  2.  Chapter 306, Statutes of Nevada 1999, at page 1271, is hereby

71-17   amended by adding thereto a new section to be designated as section 4.1,

71-18   immediately following section 4, to read as follows:

71-19           Sec. 4.1.  Section 3 of chapter 601, Statutes of Nevada 1999, at

71-20   page 3274, is hereby amended to read as follows:

71-21  Sec. 3.  NRS 361.320 is hereby amended to read as follows:

71-22  361.320  1.  At the regular session of the Nevada tax

71-23   commission commencing on the first Monday in October of each

71-24   year, the Nevada tax commission shall establish the valuation for

71-25   assessment purposes of any property of an interstate or intercounty

71-26   nature used directly in the operation of all interstate or intercounty

71-27   railroad, sleeping car, private car,natural gas transmission and

71-28   distribution, water, telephone, scheduled and unscheduled air

71-29   transport, electric light and power companies, [together with their

71-30   franchises,] and the property [and franchises] of all railway express

71-31   companies operating on any common or contract carrier in this

71-32   state. This valuation must not include the value of vehicles as

71-33   defined in NRS 371.020.

71-34  2.  Except as otherwise provided in subsections 3 and 6 and

71-35   NRS 361.323, the commission shall establish and fix the valuation

71-36   of [the franchise, if any, and] all physical property used directly in

71-37   the operation of any such business of any such company in this

71-38   state, as a collective unit. If the company is operating in more than

71-39   one county, on establishing the unit valuation for the collective

71-40   property, the commission shall then determine the total aggregate

71-41   mileage operated within the state and within its several counties

71-42   and apportion the mileage upon a mile-unit valuation basis. The

71-43   number of miles apportioned to any county are subject to

71-44   assessment in that county according to the mile-unit valuation

71-45   established by the commission.

71-46  3.  After establishing the valuation, as a collective unit, of a

71-47   public utility which generates, transmits or distributes electricity,

71-48   the commission shall segregate the value of any project in this state

71-49   for the generation of electricity which is not yet put to use. This

72-1  value must be assessed in the county where the project is located

72-2  and must be taxed at the same rate as other property.

72-3    4.  The Nevada tax commission shall adopt formulasand

72-4   incorporate them in its records, providing the method or methods

72-5   pursued in fixing and establishing the taxable value of all

72-6   [franchises and] property assessed by it. The formulas must be

72-7   adopted and may be changed from time to time upon its own

72-8   motion or when made necessary by judicial decisions, but the

72-9   formulas must in any event show all the elements of value

72-10   considered by the commission in arriving at and fixing the value

72-11   for any class of property assessed by it. These formulas must take

72-12   into account, as indicators of value, the company’s income [, stock

72-13   and debt,] and the cost of its assets [.] , but the taxable value may

72-14   not exceed the cost of replacement as appropriately depreciated.

72-15  5.  If two or more persons perform separate functions that

72-16   collectively are needed to deliver electric service to the final

72-17   customer and the property used in performing the functions would

72-18   be centrally assessed if owned by one person, the Nevada tax

72-19   commission shall establish its valuation and apportion the

72-20   valuation among the several counties in the same manner as the

72-21   valuation of other centrally assessed property. The Nevada tax

72-22   commission shall determine the proportion of the tax levied upon

72-23   the property by each county according to the valuation of the

72-24   contribution of each person to the aggregate valuation of the

72-25   property. This subsection does not apply toa qualifying facility, as

72-26   defined in 18 C.F.R. § 292.101, whichwas constructed before July

72-27   1, 1997.

72-28  6.  A company engaged in a business described in subsection 1

72-29   that does not have property of an interstate or intercounty nature

72-30   must be assessed as provided in subsection 8.

72-31  7.  As used in this section:

72-32  (a) “Company”means any person, company, corporation or

72-33   association engaged in the business described.

72-34  (b) “Commercial mobile radio service” has the meaning ascribed

72-35   to it in 47 C.F.R. § 20.3 as that section existed on January 1, 1998.

72-36  8.  All other property, including, without limitation, that of any

72-37   company engaged in providing commercial mobile radio service,

72-38   radio or television transmission services or cable television

72-39   services,must be assessed by the county assessors, except as

72-40   otherwise provided in NRS 361.321 and 362.100 and except that

72-41   the valuation of land and mobile homes must be established for

72-42   assessment purposes by the Nevada tax commission as provided in

72-43   NRS 361.325.

72-44  9.  On or before November 1 of each year, the department shall

72-45   forward a tax statement to each private car line company based on

72-46   the valuation established pursuant to this section and in accordance

72-47   with the tax levies of the several districts in each county. The

72-48   company shall remit the ad valorem taxes due on or before

72-49   December 15 to the department which shall allocate the taxes due

72-50   each county on a mile-unit basis and remit the taxes to the counties

72-51   no later than January 31. The portion of the taxes which is due the

73-1  state must be transmitted directly to the state treasurer. A company

73-2  which fails to pay the tax within the time required shall pay a

73-3   penalty of 10 percent of the tax due or $5,000, whichever is

73-4   greater, in addition to the tax. Any amount paid as a penalty must

73-5   be deposited in the state general fund. The department may, for

73-6   good cause shown, waive the payment of a penalty pursuant to this

73-7   subsection. As an alternative to any other method of recovering

73-8   delinquent taxes provided by this chapter, the attorney general may

73-9   bring a civil action in a court of competent jurisdiction to recover

73-10   delinquent taxes due pursuant to this subsection in the manner

73-11   provided in NRS 361.560.

73-12  Sec. 68.  Section 9 of chapter 307, Statutes of Nevada 1999, at page

73-13   1274, is hereby amended to read as follows:

73-14           Sec. 9.  NRS 366.390 is hereby amended to read as follows:

73-15  366.390  1.  Except as otherwise provided in subsection [3,] 2, the

73-16   department shall allow each special fuel supplier [or special fuel dealer] to

73-17   retain an amount equal to 2 percent of the amount of the tax collected by

73-18   the special fuel supplier [or special fuel dealer] as a fee for making the

73-19   collection.

73-20  2.  [If the special fuel for which the tax was collected by the special

73-21   fuel supplier is sold to a purchaser who has been issued a permit pursuant

73-22   to NRS 366.397, the special fuel supplier:

73-23  (a) Is entitled to retain one-half of the fee; and

73-24  (b) Shall distribute one-half of the fee to the purchaser. If the fuel is

73-25   resold by that purchaser to another purchaser who has been issued a permit

73-26   pursuant to NRS 366.397, the purchaser who sells the special fuel to the

73-27   subsequent purchaser shall distribute to that subsequent purchaser one-half

73-28   of the fee he received from the special fuel supplier.

73-29  3.]  A special fuel supplier who fails to submit a tax return pursuant to

73-30   NRS 366.383 [or a special fuel dealer who fails to submit a tax return

73-31   pursuant to NRS 366.386] is not entitled to the fee authorized pursuant to

73-32   subsection 1 for any month for which a tax return is not filed.

73-33  Sec. 69.  Sections 2 and 3 of chapter 335, Statutes of Nevada 1999, at

73-34   pages 1381 and 1382, respectively, are hereby amended to read

73-35   respectively as follows:

73-36  Sec. 2.  NRS 4.373 is hereby amended to read as follows:

73-37  4.373  1.  Except as otherwise provided in subsection 2 , section 1 of

73-38   this act or [by] another specific statute, or unless the suspension of a

73-39   sentence is expressly forbidden, a justice of the peace may suspend, for

73-40   not more than 1 year, the sentence of a person convicted of a

73-41   misdemeanor. When the circumstances warrant, the justice of the peace

73-42   may order as a condition of suspension that the offender:

73-43  (a) Make restitution to the owner of any property that is lost, damaged

73-44   or destroyed as a result of the commission of the offense;

73-45  (b) Engage in a program of work for the benefit of the community, for

73-46   not more than 200 hours;

73-47  (c) Actively participate in a program of professional counseling at the

73-48   expense of the offender;

73-49  (d) Abstain from the use of alcohol and controlled substances;

73-50  (e) Refrain from engaging in any criminal activity;

74-1    (f) Engage or refrain from engaging in any other conduct deemed

74-2  appropriate by the justice of the peace;

74-3    (g) Submit to a search and seizure by the chief of a department of

74-4   alternative sentencing, an assistant alternative sentencing officer or any

74-5   other law enforcement officer at any time of the day or night without a

74-6   search warrant; and

74-7    (h) Submit to periodic tests to determine whether the offender is using a

74-8   controlled substance or consuming alcohol.

74-9    2.  If a person is convicted of a misdemeanor that constitutes domestic

74-10   violence pursuant to NRS 33.018, the justice of the peace may, after the

74-11   person has served any mandatory minimum period of confinement,

74-12   suspend the remainder of the sentence of the person for not more than 3

74-13   years upon the condition that the person actively participate in:

74-14  (a) A program of treatment for the abuse of alcohol or drugs which is

74-15   certified by the bureau of alcohol and drug abuse inthe department of

74-16   human resources;

74-17  (b) A program for the treatment of persons who commit domestic

74-18   violence that has been certified pursuant to NRS 228.470; or

74-19  (c) Both programs set forth in paragraphs (a) and (b),

74-20  and that he comply with any other condition of suspension ordered by the

74-21   justice of the peace.

74-22  3.  The justice of the peace may order reports from a person whose

74-23   sentence is suspended at such times as he deems appropriate concerning

74-24   the compliance of the offender with the conditions of suspension. If the

74-25   offender complies with the conditions of suspension to the satisfaction of

74-26   the justice of the peace, the sentence may be reduced to not less than the

74-27   minimum period of confinement established for the offense.

74-28  4.  The justice of the peace may issue a warrant for the arrest of an

74-29   offender who violates or fails to fulfill a condition of suspension.

74-30  Sec. 3.  NRS 5.055 is hereby amended to read as follows:

74-31  5.055  1.  Except as otherwise provided in subsection 2 , section 1 of

74-32   this act or[by] another specific statute, or unless the suspension of a

74-33   sentence is expressly forbidden, a municipal judge may suspend, for not

74-34   more than 1 year, the sentence of a person convicted of a misdemeanor.

74-35   When the circumstances warrant, the municipal judge may order as a

74-36   condition of suspension that the offender:

74-37  (a) Make restitution to the owner of any property that is lost, damaged

74-38   or destroyed as a result of the commission of the offense;

74-39  (b) Engage in a program of work for the benefit of the community, for

74-40   not more than 200 hours;

74-41  (c) Actively participate in a program of professional counseling at the

74-42   expense of the offender;

74-43  (d) Abstain from the use of alcohol and controlled substances;

74-44  (e) Refrain from engaging in any criminal activity;

74-45  (f) Engage or refrain from engaging in any other conduct deemed

74-46   appropriate by the municipal judge;

74-47  (g) Submit to a search and seizure by the chief of a department of

74-48   alternative sentencing, an assistant alternative sentencing officer or any

74-49   other law enforcement officer at any time of the day or night without a

74-50   search warrant; and

75-1    (h) Submit to periodic tests to determine whether the offender is using

75-2  any controlled substance or alcohol.

75-3    2.  If a person is convicted of a misdemeanor that constitutes domestic

75-4   violence pursuant to NRS 33.018, the municipal judge may, after the

75-5   person has served any mandatory minimum period of confinement,

75-6   suspend the remainder of the sentence of the person for not more than 3

75-7   years upon the condition that the person actively participate in:

75-8    (a) A program of treatment for the abuse of alcohol or drugs which is

75-9   certified by the bureau of alcohol and drug abuse inthe department of

75-10   human resources;

75-11  (b) A program for the treatment of persons who commit domestic

75-12   violence that has been certified pursuant to NRS 228.470; or

75-13  (c) Both programs set forth in paragraphs (a) and (b),

75-14  and that he comply with any other condition of suspension ordered by the

75-15   municipal judge.

75-16  3.  The municipal judge may order reports from a person whose

75-17   sentence is suspended at such times as he deems appropriate concerning

75-18   the compliance of the offender with the conditions of suspension. If the

75-19   offender complies with the conditions of suspension to the satisfaction of

75-20   the municipal judge, the sentence may be reduced to not less than the

75-21   minimum period of confinement established for the offense.

75-22  4.  The municipal judge may issue a warrant for the arrest of an

75-23   offender who violates or fails to fulfill a condition of suspension.

75-24  Sec. 70.  Sections 1, 3, 4 and 5 of chapter 337, Statutes of Nevada

75-25   1999, at pages 1387 and 1388, are hereby amended to read respectively as

75-26   follows:

75-27           Section 1.  NRS 552.085 is hereby amended to read as follows:

75-28           552.085  As used in this chapter, unless the context otherwise

75-29   requires, the words and terms defined in NRS 552.0851 to

75-30   [552.0863,] 552.0862, inclusive, and sections 41 and 42 of [this act]

75-31   Assembly Bill No. 103 of this session have the meanings ascribed to

75-32   them in those sections.

75-33           Sec. 3.  NRS 552.160 is hereby amended to read as follows:

75-34           552.160  1.  The department may order the inspection of any or

75-35   all apiaries and all buildings used in connection with those apiaries in

75-36   any district or districts of the state annually, or more often if deemed

75-37   necessary, or upon report to it that there is a reason to believe that

75-38   any apiary may be infected with any disease, or that any honey,

75-39   honeycombs or beeswax is exposed to robber bees.

75-40           2.  If the inspection discloses any disease, the department may:

75-41           (a) Order the owner or any person in possession of the apiary to

75-42   destroy the diseased bees, hives and appliances in a manner

75-43   prescribed by the department and at the expense of the owner;

75-44           (b) Order the owner or any person in possession of the apiary to

75-45   treat the hives and appliances in a manner prescribed by the

75-46   department and at the expense of the owner[,] if, in the opinion of

75-47   the inspector, the nuisance can be abated by treatment rather than

75-48   destruction; or

75-49           (c) Proclaim a quarantine in accordance with the provisions of

75-50   chapter 554 of NRS.

76-1  3.  [If inspection discloses the existence of American foulbrood,

76-2  the] The order for destruction or treatment must require compliance

76-3   within [not less than 24 hours nor more than 72 hours. Any other

76-4   order must specify] a reasonable time with reference to the nature of

76-5   the disease.

76-6  4.  If the inspection discloses honey, honeycombs or beeswax

76-7   exposed to robber bees, the department may order the abatement of

76-8   the nuisance in a manner appropriate to the circumstances.

76-9  5.  The order must be served upon the owner or person in

76-10   possession of the apiary personally or by registered or certified mail,

76-11   or, if [the] that person cannot be located, by posting the order in a

76-12   conspicuous place at the apiary.

76-13           Sec. 4.  NRS 552.212 is hereby amended to read as follows:

76-14           552.212  1.  A person shall not ship or transport into this state

76-15   any queens or other bees in screened cages without comb unless the

76-16   shipment is accompanied by a certificate of an authorized officer of

76-17   the state of origin certifying that all bees intended for shipment:

76-18           (a) Were inspected within 60 days before the date of shipment; and

76-19           (b) Were found to be free from disease and pests.

76-20           2.  The department [shall] may hold a shipment which is not

76-21   accompanied by the certificate of inspection and notify the person

76-22   who owns or controls the bees that they will be destroyed after 48

76-23   hours after the time of the notice unless a proper certificate of

76-24   inspection is supplied. If the certificate is not supplied within that

76-25   time, the bees may be destroyed.

76-26           Sec. 5.  NRS 552.215 is hereby amended to read as follows:

76-27           552.215  If an inspection is requested by any person [for the

76-28   purpose of obtaining a certificate of inspection for bees or appliances,

76-29   the applicant for the certificate] to determine the presence of disease

76-30   or colony strength, the person who requests the inspection shall pay

76-31   a reasonable fee as prescribed by the department to pay the expenses

76-32   of the inspection.

77-1    Sec. 71.  1.  Section 12 of chapter 338, Statutes of Nevada 1999, at

77-2  page 1395, is hereby amended to read as follows:

77-3  Sec. 12.  NRS 293.547 is hereby amended to read as follows:

77-4  293.547  1.  After the 30th day but not later than the 25th day

77-5   before any election, a written challenge may be filed with the county

77-6   clerk.

77-7  2.  A registered voter may file a written challenge if:

77-8  (a) He is registered to vote in the same precinct or district as the

77-9   person whose right to vote is challenged; or

77-10           (b) The challenge is based on the personal knowledge of the

77-11   registered voter.

77-12           3.  The challenge must be signed and verified by the registered

77-13   voter and name the person whose right to vote is challenged and the

77-14   ground of the challenge.

77-15           4.  A challenge filed pursuant to this section must not contain the

77-16   name of more than one person whose right to vote is challenged. The

77-17   county clerk shall not accept for filing any challenge which contains

77-18   more than one such name.

77-19           5.  The county clerk shall [file] :

77-20           (a) File the challenge in the registrar of voters’ register and:

77-21           [(a)] (1) In counties where records of registration are not kept by

77-22   computer, he shall attach a copy of the challenge to the challenged

77-23   registration in the election board register.

77-24           [(b)] (2) In counties where records of registration are kept by

77-25   computer, he shall have the challenge printed on the computer entry

77-26   for the challenged registration and add a copy of it to the election

77-27   board register.

77-28           [6.  The county clerk shall, within]

77-29           (b) Within 5 days after a challenge is filed, mail a notice in the

77-30   manner set forth in NRS 293.530 to the person whose right to vote

77-31   has been challenged pursuant to this section informing him of the

77-32   challenge. If the person fails to respond or appear to vote within the

77-33   required time, the county clerk shall cancel his registration. A copy

77-34   of the challenge and information describing how to reregister

77-35   properly must accompany the notice.

77-36           (c) Immediately notify the district attorney. A copy of the

77-37   challenge must accompany the notice.

77-38           6.  Upon receipt of a notice pursuant to this section, the district

77-39   attorney shall investigate the challenge within 14 days and, if

77-40   appropriate, cause proceedings to be instituted and prosecuted in a

77-41   court of competent jurisdiction without delay. The court shall give

77-42   such proceedings priority over other civil matters that are not

77-43   expressly given priority by law. Upon court order, the county clerk

77-44   shall cancel the registration of the person whose right to vote has

77-45   been challenged pursuant to this section.

77-46  2.  Chapter 338, Statutes of Nevada 1999, at page 1395, is hereby

77-47   amended by adding thereto a new section to be designated as section 14,

77-48   immediately following section 13, to read as follows:

77-49           Sec. 14.  Section 12 of this act becomes effective at 12:01 a.m. on

77-50   October 1, 1999.

78-1    Sec. 72.  Section 18 of chapter 351, Statutes of Nevada 1999, at page

78-2  1430, is hereby amended to read as follows:

78-3  Sec. 18.  1.  This section and sections 1 to 4, inclusive, 6, 8, 9

78-4   and 11 to 17, inclusive, of this act become effective upon passage and

78-5   approval.

78-6  2.  Sections 4, 6[, 8] and 9 of this act expire by limitation on
June 30, 1999.

78-7  3.  Sections 5, 7 and 10 of this act become effective at 12:01 a.m.

78-8   on July 1, 1999.

78-9    Sec. 73.  1.  Sections 20, 21, 22, 34, 60, 76, 103, 127 to 133,

78-10   inclusive, 146, 148, 162 and 222 of chapter 354, Statutes of Nevada 1999,

78-11   at pages 1457, 1458, 1462, 1476, 1486, 1498, 1513, 1514, 1515, 1523,

78-12   1524, 1531 and 1556, are hereby amended to read respectively as follows:

78-13           Sec. 20.  NRS 142.020 is hereby amended to read as follows:

78-14  142.020  1.  The requirement of a bond of a personal

78-15   representative is discretionary with the court. Whether a bond is

78-16   expressly required by the will or not, the court may:

78-17  (a) Require a bond if it determines a bond is desirable; or

78-18  (b) Dispense with the requirement of a bond if it determines a bond

78-19   is unnecessary.

78-20  2.  The bond must be conditioned so that the personal

78-21   representative will faithfully execute the duties of the office

78-22   according to law, and the bond must be filedby the clerk.

78-23  3.  Personal assets of an estate may be deposited with a domestic

78-24   credit union or other domestic financial institution upon such terms

78-25   as may be prescribed by order of the court having jurisdiction of the

78-26   estate. The deposit is subject to the further order of the court. The

78-27   bond of the personal representative may be reduced accordingly. The

78-28   personal representative shall file with the clerk the acknowledgment

78-29   of an authorized representative of the financial institution that holds

78-30   the assets deposited, which may be in the following form:

 

78-31  PROOF OF BLOCKED ACCOUNT

 

78-32  The undersigned affirms that ............................................, as

78-33   personal representative of the estate of ............................................,

78-34   deceased, has established an account, number .........., entitled

78-35   “..........,” in the amount of $...........

78-36  The undersigned acknowledges that this account bears a

78-37   blocked/frozen designation, and that no money may be removed

78-38   without first presenting an order from the court authorizing the

78-39   withdrawal.

78-40  Dated on .........................(date)............... By:.....

78-41  Title:                             

 

78-42  4.  During the pendency of the administration, any person,

78-43   including a creditor, having an interest in anestate whose value

78-44   exceeds $10,000 may file a petition requesting that the personal

78-45   representative submit additional bond. Upon the filing of the petition,

78-46   the clerk shall set it for hearing, and the petitioner shall give notice

78-47   for

79-1  the period and in the manner provided in NRS 155.010. Upon hearing

79-2  the petition, the court may require the personal representative to file

79-3   additional bond in the amount of the claim of the petitioner, unless it

79-4   determines that bond should be dispensed with or set in a different

79-5   amount.

79-6    5.  The amount of the bond is the estimated value of all personal

79-7   property plus income for 1 year from both real and personal property,

79-8   unless the amount of the bond is expressly mentioned in the will,

79-9   changed by the court or required pursuant to subsection 4.

79-10  6.  If a banking corporation, as defined in NRS 657.016, or trust

79-11   company, as defined in NRS 669.070, doing business in this state is

79-12   appointed the personal representative of the estate of a decedent, no

79-13   bond is required unless otherwise specifically required by the court.

79-14           Sec. 21.  NRS 143.175 is hereby amended to read as follows:

79-15  143.175  1.  A personal representative may, with court approval:

79-16  (a) Invest the property of the estate, make loans and accept security

79-17   therefor, in the manner and to the extent authorized by the court; and

79-18  (b) Exercise options of the estate to purchase or exchange

79-19   securities or other property.

79-20  2.  A personal representative may, without prior approval of the

79-21   court, invest the property of the estate in:

79-22  (a) Savings accounts in a bank , credit union or savings and loan

79-23   association in this state, to the extent that the deposit is insured by the

79-24   Federal Deposit Insurance Corporation[;] , the National Credit

79-25   Union Share Insurance Fund or a private insurer approved

79-26   pursuant to NRS 678.755;

79-27  (b) Interest-bearing obligations of, or fully guaranteed by, the

79-28   United States;

79-29  (c) Interest-bearing obligations of the United States Postal Service

79-30   or the Federal National Mortgage Association;

79-31  (d) Interest-bearing obligations of this state or of a county, city or

79-32   school district of this state;

79-33  (e) Money-market mutual funds that are invested only in

79-34   obligations listed in paragraphs (a) to (d), inclusive; or

79-35           (f) Any other investment authorized by the will of the decedent.

79-36           Sec. 22.  NRS 144.020 is hereby amended to read as follows:

79-37  144.020  1.  A personal representative may engage a qualified

79-38   and disinterested appraiser to ascertain the fair market value, as of the

79-39   decedent’s death, of any asset the value of which is subject to

79-40   reasonable doubt. Different persons may be engaged to appraise

79-41   different kinds of assets included in the estate.

79-42  2.  Any such appraiser is entitled to a reasonable compensation for

79-43   theappraisal and may be paid the compensation by the personal

79-44   representative out of the estate at any time after completion of the

79-45   appraisal.

79-46  3.  If there is no reasonable doubt as to the value of assets, such as

79-47   money, deposits in banks[,] or credit unions, bonds, policies of life

79-48   insurance, or securities for money or evidence of indebtedness, and

79-49   the asset is equal in value to cash, the personal representative shall

79-50   file a verified record of value in lieu of the appraisement.

80-1    4.  If it appears beyond reasonable doubt that there will be no need

80-2  to sell assets of the estate to pay the debts of the estate or expenses of

80-3   administration, or to divide assets for distribution in kind to the

80-4   devisees or heirs, the personal representative may petition the court

80-5   for an order allowing a verified record of value to be filed in lieu of

80-6   the appraisement, and the court may enter such an order with or

80-7   without notice.

80-8  Sec. 34.  NRS 218.644 is hereby amended to read as follows:

80-9    218.644  1.  The legislative counsel bureau shall maintain a

80-10   checking account in any qualified bank or credit union for the

80-11   purposes of providing advance money and reimbursement to

80-12   legislators and employees for travel expenses, paying the salaries of

80-13   persons on the payroll of the legislative branch of government,

80-14   related payroll costs, other expenses which may or must be paid from

80-15   the legislative fund and any other expenses directed by the legislative

80-16   commission. The account must be secured by a depository bond to

80-17   the extent the account is not insured by the Federal Deposit Insurance

80-18   Corporation[.] , the National Credit Union Share Insurance Fund

80-19   or a private insurer approved pursuant to NRS 678.755. All checks

80-20   written on this account must be signed by the chairman of the

80-21   legislative commission and the director of the legislative counsel

80-22   bureau or his designee, except that during a regular session of the

80-23   legislature, the majority leader of the senate and the speaker of the

80-24   assembly shall sign the checks.

80-25  2.  A request for advance money for travel constitutes a lien in

80-26   favor of the legislative fund upon the accrued salary, subsistence

80-27   allowance and travel expenses of the legislator or employee in an

80-28   amount equal to the sum advanced.

80-29  3.  The legislator or employee is entitled to receive upon request

80-30   any authorized travel expenses in excess of the amount advanced.

80-31   The legislator or employee shall reimburse the legislative fund any

80-32   amount advanced that is not used for reimbursable travel expenses.

80-33           Sec. 60.  NRS 354.695 is hereby amended to read as follows:

80-34           354.695  1.  As soon as practicable after taking over the

80-35   management of a local government, the department shall, with the

80-36   approval of the committee:

80-37           (a) Establish and implement a management policy and a financing

80-38   plan for the local government;

80-39           (b) Provide for the appointment of a financial manager for the local

80-40   government who is qualified to manage the fiscal affairs of the local

80-41   government;

80-42           (c) Provide for the appointment of any other persons necessary to

80-43   enable the local government to provide the basic services for which it

80-44   was created in the most economical and efficient manner possible;

80-45           (d) Establish an accounting system and separate [bank accounts,]

80-46   accounts in a bank or credit union, if necessary, to receive and

80-47   expend all money and assets of the local government;

80-48           (e) Impose such hiring restrictions as deemed necessary after

80-49   considering the recommendations of the financial manager;

81-1  (f) Negotiate and approve all contracts entered into by or on behalf

81-2  of the local government before execution and enter into such contracts

81-3   on behalf of the local government as the department deems

81-4   necessary;

81-5  (g) Negotiate and approve all collective bargaining contracts to be

81-6   entered into by the local government, except issues submitted to a

81-7   factfinder whose findings and recommendations are final and binding

81-8   pursuant to the provisions of the Local Government Employee

81-9  -Management Relations Act;

81-10           (h) Approve all expenditures of money from any fund or account

81-11   and all transfers of money from one fund to another;

81-12           (i) Employ such technicians as are necessary for the improvement

81-13   of the financial condition of the local government;

81-14           (j) Meet with the creditors of the local government and formulate a

81-15   debt liquidation program;

81-16           (k) Approve the issuance of bonds or other forms of indebtedness

81-17   by the local government;

81-18           (l) Discharge any of the outstanding debts and obligations of the

81-19   local government; and

81-20           (m) Take any other actions necessary to ensure that the local

81-21   government provides the basic services for which it was created in

81-22   the most economical and efficient manner possible.

81-23           2.  The department may provide for reimbursement from the local

81-24   government for the expenses it incurs in managing the local

81-25   government. If such reimbursement is not possible, the department

81-26   may request an allocation by the interim finance committee from the

81-27   contingency fund pursuant to NRS 353.266, 353.268 and 353.269.

81-28           3.  The governing body of a local government which is being

81-29   managed by the department pursuant to this section may make

81-30   recommendations to the department or the financial manager

81-31   concerning the management of the local government.

81-32           4.  Each state agency, board, department, commission, committee

81-33   or other entity of the state shall provide such technical assistance

81-34   concerning the management of the local government as is requested

81-35   by the department.

81-36           5.  The department may delegate any of the powers and duties

81-37   imposed by this section to the financial manager appointed pursuant

81-38   to paragraph (b) of subsection 1.

81-39           6.  Except as otherwise provided in section 1 of Assembly Bill No.

81-40   275 of this session and section 2 of [this act,] Senate Bill No. 473 of

81-41   this session, once the department has taken over the management of a

81-42   local government pursuant to the provisions of subsection 1, that

81-43   management may only be terminated pursuant to NRS 354.725.

81-44           Sec. 76.  NRS 356.180 is hereby amended to read as follows:

81-45           356.180  If a warrant of the county auditor is presented to the

81-46   county treasurer for payment, the warrant becomes a check or order

81-47   of the county treasurer if the county treasurer endorses thereon the

81-48   name of the insured depository bank, credit union or [insured]

81-49   savings and loan association, where payable, and a number, as

81-50   provided in NRS 356.170, and countersigns his name thereto as

81-51   county treasurer.

82-1  Sec. 103.  NRS 435.390 is hereby amended to read as follows:

82-2  435.390  1.  The administrative officer of any division facility

82-3   where mentally retarded persons or persons with related conditions

82-4   reside may establish a canteen operated for the benefit of clients and

82-5   employees of the facility. The administrative officer shall keep a

82-6   record of transactions in the operation of the canteen.

82-7  2.  Each canteen must be self-supporting. No money provided by

82-8   the state may be used for its operation.

82-9  3.  The respective administrative officers shall deposit the money

82-10   used for the operation of the canteen in one or more banks or credit

82-11   unions of reputable standing, except that an appropriate sum may be

82-12   maintained as petty cash at each canteen.

82-13           Sec. 127.  NRS 569.090 is hereby amended to read as follows:

82-14           569.090  1.  Except as otherwise provided pursuant to a

82-15   cooperative agreement established pursuant to NRS 569.031, the

82-16   department shall:

82-17           (a) Pay the reasonable expenses incurred in taking up, holding,

82-18   advertising and selling the estray, and any damages for trespass

82-19   allowed pursuant to NRS 569.440, from the proceeds of the sale of

82-20   the estray and shall place the balance in an interest-bearing checking

82-21   account in a bank or credit union qualified to receive deposits of

82-22   public money. The proceeds from the sale and any interest on those

82-23   proceeds, which are not claimed pursuant to subsection 2 within 1

82-24   year after the sale, must be deposited in the state treasury for credit to

82-25   the livestock inspection account.

82-26           (b) Make a complete record of the transaction, including the marks

82-27   and brands and other means of identification of the estray, and shall

82-28   keep the record available for inspection by members of the general

82-29   public.

82-30           2.  If the lawful owner of the estray is found within 1 year after its

82-31   sale and proves ownership to the satisfaction of the department, the

82-32   net amount received from the sale must be paid to the owner.

82-33           3.  If any claim pending [after the expiration of] 1 year after the

82-34   date of sale is denied, the proceeds and any interest thereon must be

82-35   deposited in the livestock inspection account.

82-36           Sec. 128.  NRS 573.020 is hereby amended to read as follows:

82-37           573.020  1.  A person shall not hold, operate, conduct or carry on

82-38   a public livestock auction in this state without first securing a license

82-39   therefor from the department.

82-40           2.  The application for a license must be on a form prescribed and

82-41   furnished by the department and set forth:

82-42           (a) The name of the operator of the public livestock auction.

82-43           (b) The location of the establishment or premises where the public

82-44   livestock auction will be conducted.

82-45           (c) The type or kinds of livestock to be handled, sold or exchanged.

82-46           (d) A description of the facilities that will be used to conduct the

82-47   public livestock auction.

82-48           (e) The weekly or monthly sales day or days on which the

82-49   applicant proposes to operate his public livestock auction.

83-1  (f) The name and address of the bank or credit union where the

83-2  custodial account for consignors’ proceeds will be established and

83-3   maintained by the operator of the public livestock auction in

83-4   compliance with the provisions of NRS 573.104.

83-5  (g) Such other information as the department reasonably may

83-6   require, including, without limitation, proof that at the time of

83-7   application the applicant has a line of credit established at a bank or

83-8   credit union in the State of Nevada in an amount at least equal to the

83-9   estimated average weekly gross sales receipts of the public livestock

83-10   auction that will be conducted by him.

83-11           3.  The application must be accompanied by a bond or deposit

83-12   receipt and the required fee as provided in this chapter.

83-13           Sec. 129.  NRS 573.037 is hereby amended to read as follows:

83-14           573.037  1.  As authorized by subsection 3 of NRS 573.030, in

83-15   lieu of filing the bond described in NRS 573.033 or 573.035, the

83-16   applicant may deliver to the director the receipt of a bank , credit

83-17   union or trust company doing business in this state showing the

83-18   deposit with that bank , credit union or trust company of cash or of

83-19   securities endorsed in blank by the owner thereof and of a market

83-20   value equal at least to the required principal amount of the bond, the

83-21   cash or securities to be deposited in escrow under an agreement

83-22   conditioned as in the case of a bond. A receipt must be accompanied

83-23   by evidence that there are no unsatisfied judgments against the

83-24   applicant of record in the county where the applicant resides.

83-25           2.  An action for recovery against any such deposit may be

83-26   brought in the same manner as in the case of an action for recovery

83-27   on a bond filed under the provisions of this chapter.

83-28           3.  If any licensed operator of a public livestock auction for any

83-29   reason ceases to operate the auction, the amount of money or

83-30   securities deposited in lieu of a bond must be retained by the

83-31   department for 1 year. If [after the expiration of] 1 year after the

83-32   cessation of the operation, no legal action has been commenced to

83-33   recover against the money or securities, the amount thereof must be

83-34   delivered to the owner thereof. If a legal action has been commenced

83-35   within that period, all such money and securities must be held by the

83-36   director subject to the order of a court of competent jurisdiction.

83-37           Sec. 130.  NRS 573.104 is hereby amended to read as follows:

83-38           573.104  1.  Each licensee shall deposit the gross proceeds

83-39   received by him from the sale of livestock handled on a commission

83-40   or agency basis in a separate [bank] account established and

83-41   maintained by the licensee in the bank or credit union at which his

83-42   line of credit, as required by paragraph (g) of subsection 2 of NRS

83-43   573.020, is established. The separate [bank] account must be

83-44   designated a “custodial account for consignors’ proceeds.”

83-45           2.  The custodial account for consignors’ proceeds may be drawn

83-46   on only:

83-47           (a) For the payment of net proceeds to the consignor, or any other

83-48   person or persons of whom the licensee has knowledge who is

83-49   entitled to those proceeds;

84-1  (b) To obtain the sums due the licensee as compensation for his

84-2  services; and

84-3  (c) For such sums as are necessary to pay all legal charges against

84-4   the consignment of livestock which the licensee in his capacity as

84-5   agent is required to pay for and on behalf of the consignor.

84-6  3.  The licensee shall:

84-7  (a) In each case keep such accounts and records that will at all

84-8   times disclose the names of the consignors and the amount due to

84-9   each from the money in the custodial account for consignors’

84-10   proceeds.

84-11           (b) Maintain the custodial account for consignors’ proceeds in a

84-12   manner that will expedite examination by the director and indicate

84-13   compliance with the requirements of this section.

84-14           Sec. 131.  NRS 573.105 is hereby amended to read as follows:

84-15           573.105  The director shall ascertain, at least quarterly, the

84-16   continued existence and amount of the line of credit shown pursuant

84-17   to paragraph (g) of subsection 2 of NRS 573.020, or its replacement

84-18   by a line of credit at another bank or credit union in the State of

84-19   Nevada and the amount of the replacement. If the line of credit is

84-20   replaced, the custodial account must be transferred to the bank or

84-21   credit union issuing the new line of credit. If a line of credit in the

84-22   amount required is not maintained, the director shall suspend the

84-23   operator’s license.

84-24           Sec. 132.  NRS 573.183 is hereby amended to read as follows:

84-25           573.183  If the director determines, on the basis of any verified

84-26   complaint or of any inspection or investigation made by him pursuant

84-27   to this chapter, that any operator of a public livestock auction is

84-28   violating or is about to violate any provision of this chapter for the

84-29   protection of consignor creditors, he may order:

84-30           1.  The operator to cease and desist from:

84-31           (a) Receiving or selling any livestock;

84-32           (b) Receiving or disbursing any money; or

84-33           (c) Any practice which violates any provision of this chapter or

84-34   any other law or any rule, order or regulation issued pursuant to law.

84-35           2.  Any bank or credit union which holds the custodial account of

84-36   the operator, as required by NRS 573.104, to refrain from paying out

84-37   any money from the account.

84-38  The order ceases to be effective upon the expiration of 3 days,

84-39   excluding Saturdays, Sundays and other nonjudicial days, after its

84-40   date of issuance unless a court has, pursuant to NRS 573.185, issued

84-41   an order which continues the restraint.

84-42           Sec. 133.  NRS 576.040 is hereby amended to read as follows:

84-43           576.040  1.  Each applicant to whom a license to act as a dealer,

84-44   broker or commission merchant is issued shall:

84-45           (a) File one of the following:

84-46                     (1) A bond of a surety company authorized to do business in this

84-47   state.

84-48                     (2) A bond with individual sureties owning unencumbered real

84-49   property within this state subject to execution and worth, above all

84-50   exemptions, double the amount of the bond.

85-1            (3) A personal bond secured by a first deed of trust on real

85-2  property within this state which is subject to execution and worth,

85-3   above all exemptions, double the amount of the bond. If the applicant

85-4   files the bond with the department, he shall also file a policy of title

85-5   insurance on the real property from a title insurance company

85-6   licensed in this state which states that the property is free and clear of

85-7   all encumbrances and liens other than the first deed of trust. The

85-8   applicant shall certify under oath that the property is worth at least

85-9   twice the amount of the bond and that it is unencumbered. The

85-10   certificate must be approved by the department.

85-11  The bond must be in the form prescribed by, and to the satisfaction of,

85-12   the department, conditioned for the payment of a judgment against

85-13   the applicant and arising out of the failure of the applicant or his

85-14   agent to conduct his business in accordance with the provisions of

85-15   this chapter, or for nonpayment of obligations in connection with the

85-16   purchase and sale of livestock or farm products. The bond must

85-17   provide that the surety company, if any, will notify the department

85-18   before the end of the second business day after any claim or judgment

85-19   has been made against the bond. The aggregate liability of any surety

85-20   to all claimants is limited to the amount of the bond for each

85-21   licensing period.

85-22           (b) File a copy of the bond required by the United States pursuant

85-23   to the provisions of the Packers and Stockyards Act, 7 U.S.C. § 204.

85-24           (c) Furnish other security in the amount required by this section

85-25   which is acceptable to the department.

85-26           2.  In lieu of complying with one of the alternatives provided in

85-27   subsection 1, the dealer, broker or commission merchant may deliver

85-28   to the department the receipt of a bank , credit union or trust

85-29   company in this state showing the deposit with that bank , credit

85-30   union or trust company of cash or of securities endorsed in blank by

85-31   the owner thereof and of a market value equal at least to the required

85-32   principal amount of the bond. The cash or securities must be

85-33   deposited in escrow under an agreement conditioned as in the case of

85-34   a bond. Any receipt must be accompanied by evidence that there are

85-35   no unsatisfied judgments against the dealer, broker or commission

85-36   merchant of record in the county in which he is doing business or

85-37   resides. An action for recovery against any such deposit may be

85-38   brought in the same manner as in the case of an action for recovery

85-39   on a bond filed under the provisions of NRS 576.042.

85-40           3.  The amount of the bond, other security or deposit must be:

85-41           (a) Based on the applicant’s annual volume of purchases,

85-42   according to a schedule adopted by the department; and

85-43           (b) Not less than $5,000 or more than $100,000.

85-44           4.  All bonds must be renewed or continued in accordance with

85-45   regulations adopted by the department.

85-46           5.  Any licensed dealer, broker or commission merchant who

85-47   knowingly sells or otherwise encumbers real property which is the

85-48   security for a bond under subsection 1, after a policy of title

85-49   insurance on that property has been issued and while the bond is in

85-50   force, is guilty of a gross misdemeanor.

86-1  Sec. 146.  NRS 615.255 is hereby amended to read as follows:

86-2  615.255  1.  There is hereby created the rehabilitation division

86-3   revolving account in an amount not to exceed $90,000. The money in

86-4   the revolving account may be used for the payment of claims of:

86-5    (a) Applicants for or recipients of services from:

86-6            (1) The bureau of vocational rehabilitation, including, without

86-7   limitation, the rehabilitation facilities described in subsection 2 of

86-8   NRS 615.200; and

86-9            (2) The bureau of services to the blind and visually impaired,

86-10   including, without limitation, the vending stand program for the blind

86-11   authorized by NRS 426.630 to 426.720, inclusive.

86-12  (b) Vendors providing services to those applicants or recipients

86-13   under procedures established by the division.

86-14  2.  The money in the revolving account must be deposited in a

86-15   bank or credit union qualified to receive deposits of public money.

86-16   The bank or credit union shall secure the deposit with a depository

86-17   bond satisfactory to the state board of examiners, unless it is

86-18   otherwise secured by the Federal Deposit Insurance Corporation[.] ,

86-19   the National Credit Union Share Insurance Fund or a private

86-20   insurer approved pursuant to NRS 678.755.

86-21  3.  After expenditure of money from the revolving account, the

86-22   administrator [of the division] shall present a claim to the state board

86-23   of examiners. When approved by the state board of examiners, the

86-24   state controller shall draw his warrant in the amount of the claim in

86-25   favor of the rehabilitation division revolving account, to be paid to

86-26   the order of the administrator, and the state treasurer shall pay it.

86-27  4.  Money in the rehabilitation division revolving account does not

86-28   revert to the state general fund at the end of the fiscal year, but

86-29   remains in the revolving account.

86-30  5.  Purchases paid for from the rehabilitation division revolving

86-31   account for the purposes authorized by subsection 1 may be exempt

86-32   from the provisions of the State Purchasing Act at the discretion of

86-33   the chief of the purchasing division of the department of

86-34   administration or his designated representative.

86-35  Sec. 148.  NRS 616B.107 is hereby amended to read as follows:

86-36  616B.107  1.  No person engaged in business as a broker or

86-37   dealer in securities or who has a direct pecuniary interest in any such

86-38   business who receives commissions for transactions performed as an

86-39   agent for the system is eligible for employment as investment counsel

86-40   for the system.

86-41  2.  The manager shall not engage investment counsel unless:

86-42  (a) The principal business of the person selected by the manager

86-43   consists of rendering investment supervisory services, that is, the

86-44   giving of continuous advice as to the investment of money on the

86-45   basis of the individual needs of each client;

86-46  (b) The person and his predecessors have been continuously

86-47   engaged in such business for a period of 3 or more years, and, if a

86-48   firm or corporation, the senior management personnel of the firm or

86-49   corporation have an average of 10 years professional experience as

86-50   investment managers;

87-1    (c) The person as of the time originally hired, has at least

87-2  $250,000,000 of assets under management contract, exclusive of any

87-3   assets related to governmental agencies in this state;

87-4    (d) The person is registered as an investment adviser under the

87-5   laws of the United States as from time to time in effect, or is a bank

87-6   or an investment management subsidiary of a bank;

87-7    (e) The contract between the system and the investment counsel is

87-8   of no specific duration and is voidable at any time by either party;

87-9   and

87-10  (f) The person has been approved by the state board of finance for

87-11   employment as investment counsel.

87-12           3.  More than one investment counsel may be employed in the

87-13   discretion of the manager.

87-14           4.  The expense of such employment must be paid from the state

87-15   insurance fund.

87-16           5.  Any investment program adopted by the system and all

87-17   investments made thereunder must be reported quarterly in writing by

87-18   the manager to the state board of finance, and the report is subject to

87-19   review by the state board of finance. The state board of finance may

87-20   require the manager to provide further reports and may recommend

87-21   modifications in the investment program, including replacement of

87-22   the investment counsel. If, after a reasonable time, the manager has

87-23   not taken suitable corrective action in response to recommendations

87-24   by the state board of finance, the state board of finance may direct the

87-25   manager to carry out its recommendations in a manner acceptable to

87-26   the state board of finance. Any directives from the state board of

87-27   finance must be in writing.

87-28           6.  With the approval of the state board of finance, the manager

87-29   may designate [the bank or] one or more banks or credit unions

87-30   which shall have [the] custody of the various investments made

87-31   pursuant to this section.

87-32           7.  The system may accept due bills from brokers upon delivery of

87-33   warrants if the certificates representing the investments are not

87-34   readily available.

87-35           Sec. 162.  NRS 631.350 is hereby amended to read as follows:

87-36           631.350  1.  Except as otherwise provided in NRS 631.347 and

87-37   section 1 of [this act,] Senate Bill No. 181 of this session, the board

87-38   may:

87-39           (a) Refuse to issue a license to any person;

87-40           (b) Revoke or suspend the license or renewal certificate issued by

87-41   it to any person;

87-42           (c) Fine a person it has licensed;

87-43           (d) Place a person on probation for a specified period on any

87-44   conditions the board may order;

87-45           (e) Issue a public reprimand to a person;

87-46           (f) Limit a person’s practice to certain branches of dentistry;

87-47           (g) Require a person to participate in a program to correct alcohol

87-48   or drug abuse or any other impairment;

87-49           (h) Require that a person’s practice be supervised;

87-50           (i) Require a person to perform public service without

87-51   compensation;

88-1  (j) Require a person to take a physical or mental examination or an

88-2  examination of his competence;

88-3  (k) Require a person to fulfill certain training or educational

88-4   requirements;

88-5  (l) Require a person to reimburse a patient; or

88-6  (m) Any combination thereof,

88-7  upon proof satisfactory to the board that the person has engaged in

88-8   any of the activities listed in subsection 2.

88-9  2.  The following activities may be punished as provided in

88-10   subsection 1:

88-11           (a) Engaging in the illegal practice of dentistry or dental hygiene;

88-12           (b) Engaging in unprofessional conduct; or

88-13           (c) Violating any regulations adopted by the board or the

88-14   provisions of this chapter.

88-15           3.  The board may delegate to a hearing officer or panel its

88-16   authority to take any disciplinary action pursuant to this chapter,

88-17   impose and collect fines therefor and deposit the money therefrom in

88-18   banks , credit unions or savings and loan associations in this state.

88-19           4.  If a hearing officer or panel is not authorized to take

88-20   disciplinary action pursuant to subsection 3 and the board deposits

88-21   the money collected from the imposition of fines with the state

88-22   treasurer for credit to the state general fund, it may present a claim to

88-23   the state board of examiners for recommendation to the interim

88-24   finance committee if money is needed to pay attorney’s fees or the

88-25   costs of an investigation, or both.

88-26  Sec. 222.  Sections 20, 21, 22, 76, 77, 90, 150 , [and] 197 and

88-27   220.1 of this act become effective at 12:01 a.m. on October 1, 1999.

88-28           2.  Chapter 354, Statutes of Nevada 1999, at page 1556, is hereby

88-29   amended by adding thereto a new section to be designated as section

88-30   220.1, immediately following section 220, to read as follows:

88-31           Sec. 220.1.  Section 19 of chapter 574, Statutes of Nevada 1999,

88-32   at page 3051, is hereby amended to read as follows:

88-33  Sec. 19.  1.  Except as otherwise provided in subsection 4, all

88-34   expenses incurred by the board in carrying out the provisions of

88-35   this chapter must be paid from the money which it receives. No

88-36   part of the salaries or expenses of the board may be paid out of the

88-37   state general fund.

88-38  2.  All money received by the board must be deposited in a

88-39   bank , credit union or other financial institution in this state and

88-40   paid out on its order for its expenses.

88-41  3.  The board may delegate to a hearing officer or panel its

88-42   authority to take any disciplinary action pursuant to this chapter,

88-43   impose and collect fines and penalties therefor and deposit the

88-44   money therefrom in a bank , credit union or other financial

88-45   institution in this state.

88-46         4.  If a hearing officer or panel is not authorized to take

88-47   disciplinary action pursuant to subsection 3, the board shall deposit

88-48   the money collected from the imposition of fines with the state

88-49   treasurer for credit to the state general fund. If money is so

88-50   deposited, the board may present a claim to the state board of

89-1  examiners for recommendation to the interim finance committee if

89-2  money is needed to pay attorney’s fees or the costs of an

89-3   investigation, or both.

89-4    Sec. 74.  1.  Sections 10, 18, 59, 92, 94.4, 96, 103.4, 109, 120, 124.4,

89-5   125, 128, 130, 132, 133, 137, 148, 155, 165, 180, 194 and 195 of chapter

89-6   357, Statutes of Nevada 1999, at pages 1562, 1563, 1576, 1593, 1595,

89-7   1600, 1601, 1606, 1609 to 1612, inclusive, 1616, 1620, 1625, 1630 and

89-8   1639, are hereby amended to read respectively as follows:

89-9  Sec. 10.  “Signature” means a name, word or mark executed or

89-10   adopted by a person with the present intention to authenticate a

89-11   document. The term includes, without limitation, a digital signature

89-12   as defined in section 7 of Assembly Bill No. 674 of this session.

89-13           Sec. 18.  1.  The secretary of state, when requested to do so,

89-14   shall reserve, for a period of 90 days, the right to use a name

89-15   available pursuant to section 17 of this act for the use of a proposed

89-16   business trust. During the period, the name so reserved is not

89-17   available for use or reservation by any other artificial person

89-18   forming, organizing, registering or qualifying in the office of the

89-19   secretary of state pursuant to the provisions of this Title without the

89-20   written, acknowledged consent of the person at whose request the

89-21   reservation was made.

89-22           2.  The use by any artificial person of a name in violation of

89-23   subsection 1 or section 17 of this act may be enjoined, even if the

89-24   document under which the artificial person is formed, organized,

89-25   registered or qualified has been filed by the secretary of state.

89-26           Sec. 59.  NRS 78.010 is hereby amended to read as follows:

89-27           78.010  1.  As used in this chapter:

89-28  (a) “Approval” and “vote” as describing action by the directors or

89-29   stockholders mean the vote of directors in person or by written

89-30   consent or of stockholders in person, by proxy or by written consent.

89-31  (b) “Articles,” “articles of incorporation” and “certificate of

89-32   incorporation” are synonymous terms and unless the context

89-33   otherwise requires, include all certificates filed pursuant to NRS

89-34   78.030, [78.195,] 78.1955, 78.209, 78.380, 78.385 and 78.390 and

89-35   any articles of merger or exchange filed pursuant to NRS 92A.200 to

89-36   92A.240, inclusive. Unless the context otherwise requires, these

89-37   terms include restated articles and certificates of incorporation.

89-38  (c) “Directors” and “trustees” are synonymous terms.

89-39  (d) “Receiver” includes receivers and trustees appointed by a court

89-40   as provided in this chapter or in chapter 32 of NRS.

89-41  (e) “Registered office” means the office maintained at the street

89-42   address of the resident agent.

89-43  (f) “Resident agent” means the agent appointed by the corporation

89-44   upon whom process or a notice or demand authorized by law to be

89-45   served upon the corporation may be served.

89-46           (g) “Sign” means to affix a signature to a document.

89-47  (h) “Signature” means a name, word or mark executed or

89-48   adopted by a person with the present intention to authenticate a

89-49   document. The term includes, without limitation, a digital signature

89-50   as defined in section 7 of Assembly Bill No. 674 of this session.

90-1    (i) “Stockholder of record” means a person whose name appears on

90-2  the stock ledger of the corporation.

90-3    (j) “Street address” of a resident agent means the actual physical

90-4   location in this state at which a resident agent is available for

90-5   service of process.

90-6    2.  General terms and powers given in this chapter are not

90-7   restricted by the use of special terms, or by any grant of special

90-8   powers contained in this chapter.

90-9  Sec. 92.  NRS 78A.090 is hereby amended to read as follows:

90-10  78A.090  1.  A close corporation may operate without a board of

90-11   directors if the certificate of incorporation contains a statement to that

90-12   effect.

90-13  2.  An amendment to the certificate of incorporation eliminating a

90-14   board of directors must be approved:

90-15  (a) By all the shareholders of the corporation, whether or not

90-16   otherwise entitled to vote on amendments; or

90-17  (b) If no shares have been issued, by all subscribers for shares, if

90-18   any, or if none, by the incorporators.

90-19  3.  While a corporation is operating without a board of directors as

90-20   authorized by subsection 1:

90-21  (a) All corporate powers must be exercised by or under the

90-22   authority of, and the business and affairs of the corporation managed

90-23   under the direction of, the shareholders.

90-24  (b) Unless the articles of incorporation provide otherwise:

90-25     (1) Action requiring the approval of the board of directors or of

90-26   both the board of directors and the shareholders is authorized if

90-27   approved by the shareholders; and

90-28     (2) Action requiring a majority or greater percentage vote of the

90-29   board of directors is authorized if approved by the majority or greater

90-30   percentage of votes of the shareholders entitled to vote on the action.

90-31  (c) A requirement by a state or the United States that a document

90-32   delivered for filing contain a statement that specified action has been

90-33   taken by the board of directors is satisfied by a statement that the

90-34   corporation is a close corporation without a board of directors and

90-35   that the action was approved by the shareholders.

90-36  (d) The shareholders by resolution may appoint one or more

90-37   shareholders to sign documents as designated directors.

90-38  4.  An amendment to the articles of incorporation that deletes the

90-39   provision which eliminates a board of directors must be approved by

90-40   the holders of at least two-thirds of the votes of each class or series of

90-41   shares of the corporation, voting as separate voting groups, whether

90-42   or not otherwise entitled to vote on amendments. The amendment

90-43   must specify the number, names and mailing addresses of the

90-44   directors of the corporation or describe who will perform the duties

90-45   of the board of directors.

90-46           5.  As used in this section, “sign” means to execute or adopt a

90-47   name, word or mark, including, without limitation, a digital

90-48   signature as defined in section 7 of Assembly Bill No. 674 of this

90-49   session, with the present intention to authenticate a document.

91-1  Sec. 94.4.  “Signed” means to have executed or adopted a name,

91-2  word or mark, including, without limitation, a digital signature as

91-3   defined in section 7 of Assembly Bill No. 674 of this session, with

91-4   the present intention to authenticate a document.

91-5  Sec. 96.  NRS 80.010 is hereby amended to read as follows:

91-6    80.010  1.  Before commencing or doing any business in this

91-7   state, every corporation organized pursuant to the laws of another

91-8   state, territory, the District of Columbia, a dependency of the United

91-9   States or a foreign country, that enters this state to do business must:

91-10  (a) File in the office of the secretary of state of this state:

91-11     (1) A certificate of corporate existence issued not more than 90

91-12   days before the date of filing by an authorized officer of the

91-13   jurisdiction of its incorporation setting forth the filing of documents

91-14   and instruments related to the articles of incorporation, or the

91-15   governmental acts or other instrument or authority by which the

91-16   corporation was created. If the certificate is in a language other than

91-17   English, a translation, together with the oath of the translator and his

91-18   attestation of its accuracy, must be attached to the certificate.

91-19     (2) A certificate of acceptance of appointment executed by its

91-20   resident agent, who must be a resident or located in this state. The

91-21   certificate must set forth the name of the resident agent, his street

91-22   address for the service of process, and his mailing address if different

91-23   from his street address. The street address of the resident agent is the

91-24   registered office of the corporation in this state.

91-25     (3) A statement executed by an officer of the corporation[,

91-26   acknowledged before a person authorized by the laws of the place

91-27   where the acknowledgment is taken to take acknowledgments of

91-28   deeds,] setting forth:

91-29           (I) A general description of the purposes of the corporation;

91-30   and

91-31           (II) The authorized stock of the corporation and the number

91-32   and par value of shares having par value and the number of shares

91-33   having no par value.

91-34  (b) Lodge in the office of the secretary of state a copy of the

91-35   document most recently filed by the corporation in the jurisdiction of

91-36   its incorporation setting forth the authorized stock of the corporation,

91-37   the number of par‑value shares and their par value, and the number of

91-38   no-par-value shares.

91-39  2.  The secretary of state shall not file the documents required by

91-40   subsection 1 for any foreign corporation whose name is [the same as,

91-41   or deceptively similar to the name of a corporation, limited

91-42   partnership or limited-liability company existing pursuant to the laws

91-43   of this state or a foreign corporation, foreign limited partnership or

91-44   foreign limited-liability company authorized to transact business in

91-45   this state or a name to which the exclusive right is at the time

91-46   reserved in the manner provided in the laws of this state,] not

91-47   distinguishable on the records of the secretary of state from the

91-48   names of all other artificial persons formed, organized, registered

91-49   or qualified pursuant to the provisions of this Title that are on file

91-50   in the office of the secretary of state and all names that are reserved

91-51   in the office

92-1  of the secretary of state pursuant to the provisions of this Title,

92-2  unless the written , acknowledged consent of the holder of the

92-3   [registered] name on file or reserved name to use the same name or

92-4   the requested similar name accompanies the articles of incorporation.

92-5    3.  The secretary of state shall not accept for filing the documents

92-6   required by subsection 1 or NRS 80.110 for any foreign corporation

92-7   if the name of the corporation contains the words “engineer,”

92-8   “engineered,” “engineering,” “professional engineer,” “registered

92-9   engineer” or “licensed engineer” unless the state board of

92-10   professional engineers and land surveyors certifies that:

92-11  (a) The principals of the corporation are licensed to practice

92-12   engineering pursuant to the laws of this state; or

92-13  (b) The corporation is exempt from the prohibitions of NRS

92-14   625.520.

92-15  4.  The secretary of state shall not accept for filing the documents

92-16   required by subsection 1 or NRS 80.110 for any foreign corporation

92-17   if it appears from the documents that the business to be carried on by

92-18   the corporation is subject to supervision by the commissioner of

92-19   financial institutions, unless the commissioner certifies that:

92-20  (a) The corporation has obtained the authority required to do

92-21   business in this state; or

92-22  (b) The corporation is not subject to or is exempt from the

92-23   requirements for obtaining such authority.

92-24  5.  The secretary of state may adopt regulations that interpret the

92-25   requirements of this section.

92-26           Sec. 103.4.  “Signed” means to have executed or adopted a

92-27   name, word or mark, including, without limitation, a digital

92-28   signature as defined in section 7 of Assembly Bill No. 674 of this

92-29   session, with the present intention to authenticate a document.

92-30           Sec. 109.  “Signature” means a name, word or mark executed

92-31   or adopted by a person with the present intention to authenticate a

92-32   document. The term includes, without limitation, a digital signature

92-33   as defined in section 7 of Assembly Bill No. 674 of this session.

92-34           Sec. 120.  NRS 82.466 is hereby amended to read as follows:

92-35  82.466  1.  A federal court may take the same actions with

92-36   respect to corporations governed by this chapter as a federal court

92-37   may take with respect to corporations governed by chapter 78 of NRS

92-38   under subsection 1 of NRS 78.622.

92-39  2.  A corporation governed by this chapter shall file with the

92-40   secretary of state a certified copy of the [plans] confirmed plan of

92-41   reorganization [and the notices of bankruptcy] described in NRS

92-42   78.622 . [and 78.626.]

92-43           Sec. 124.4.  “Signed” means to have executed or adopted a

92-44   name, word or mark, including, without limitation, a digital

92-45   signature as defined in section 7 of Assembly Bill No. 674 of this

92-46   session, with the present intention to authenticate a document.

92-47           Sec. 125.  NRS 84.020 is hereby amended to read as follows:

92-48           84.020  An archbishop, bishop, president, trustee in trust,

92-49   president of stake, president of congregation, overseer, presiding

92-50   elder, district superintendent, other presiding officer or clergyman of

92-51   a

93-1  church or religious society or denomination, who has been chosen,

93-2  elected or appointed in conformity with the constitution, canons, rites,

93-3   regulations or discipline of the church or religious society or

93-4   denomination, and in whom is vested the legal title to property held

93-5   for the purposes, use or benefit of the church or religious society or

93-6   denomination, may make and subscribe written articles of

93-7   incorporation, in duplicate, [acknowledge the articles before a person

93-8   authorized to take acknowledgments] and file one copy of the

93-9   articles, together with a certificate of acceptance of appointment

93-10   executed by the resident agent of the corporation, in the office of the

93-11   secretary of state and retain possession of the other.

93-12           Sec. 128.  Chapter 86 of NRS is hereby amended by adding

93-13   thereto the provisions set forth as sections 129 to [133,] 132,

93-14   inclusive, of this act.

93-15           Sec. 130.  “Signature” means a name, word or mark executed

93-16   or adopted by a person with the present intention to authenticate a

93-17   document. The term includes, without limitation, a digital signature

93-18   as defined in section 7 of Assembly Bill No. 674 of this session.

93-19           Sec. 132.  A limited-liability company that has revived or

93-20   renewed its charter pursuant to the provisions of this chapter:

93-21           1.  Is a limited-liability company and continues to be a limited

93-22  -liability company for the time stated in the certificate of revival or

93-23   renewal;

93-24           2.  Possesses the rights, privileges and immunities conferred by

93-25   the original charter and by this chapter; and

93-26           3.  Is subject to the restrictions and liabilities set forth in this

93-27   chapter.

93-28           Sec. 133.  (Deleted by amendment.)

93-29           Sec. 137.  NRS 86.171 is hereby amended to read as follows:

93-30  86.171  1.  The name of a limited-liability company formed

93-31   under the provisions of this chapter must contain the words “Limited

93-32  -Liability Company,” “Limited Company,” or “Limited” or the

93-33   abbreviations “Ltd.,” “L.L.C.,” “L.C.,” “LLC” or “LC.” The word

93-34   “Company” may be abbreviated as “Co.”

93-35  2.  The name proposed for a limited-liability company must be

93-36   distinguishable on the records of the secretary of state from the

93-37   names of all other artificial persons formed, organized [or registered

93-38   under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose

93-39   names] , registered or qualified pursuant to the provisions of this

93-40   Title that are on file in the office of the secretary of state[.] and all

93-41   names that are reserved in the office of the secretary of state

93-42   pursuant to the provisions of this Title. If a proposed name is not so

93-43   distinguishable, the secretary of state shall return the articles of

93-44   organization to the organizer, unless the written , acknowledged

93-45   consent of the holder of the [registered] name on file or reserved

93-46   name to use the same name or the requested similar name

93-47   accompanies the articles of organization.

93-48  3.  For the purposes of this section and NRS 86.176, a proposed

93-49   name is not [distinguished] distinguishable from a [registered] name

93-50   on file or reserved name solely because one or the other contains

94-1  distinctive lettering, a distinctive mark, a trade-mark or a trade name,

94-2  or any combination of these.

94-3    4.  The name of a limited-liability company whose charter has

94-4   been revoked, [whose existence has terminated,] which has merged

94-5   and is not the surviving [company, or which for any other reason is

94-6   no longer in good standing] entity or whose existence has otherwise

94-7   terminated is available for use by any other artificial person.

94-8  5.  The secretary of state shall not accept for filing any articles of

94-9   organization for any limited-liability company if the name of the

94-10   limited-liability company contains the words “accountant,”

94-11   “accounting,” “accountancy,” “auditor” or “auditing” unless the

94-12   Nevada state board of accountancy certifies that the limited-liability

94-13   company:

94-14           (a) Is registered pursuant to the provisions of chapter 628 of NRS;

94-15   or

94-16           (b) Has filed with the state board of accountancy under penalty of

94-17   perjury a written statement that the limited-liability company is not

94-18   engaged in the practice of accounting and is not offering to practice

94-19   accounting in this state.

94-20  6.  The secretary of state may adopt regulations that interpret the

94-21   requirements of this section.

94-22           Sec. 148.  NRS 87.020 is hereby amended to read as follows:

94-23  87.020  As used in this chapter, unless the context otherwise

94-24   requires:

94-25  1.  “Bankrupt” includes bankrupt under the Federal Bankruptcy

94-26   Act or insolvent under any state insolvent act.

94-27  2.  “Business” includes every trade, occupation or profession.

94-28  3.  “Conveyance” includes every assignment, lease, mortgage or

94-29   encumbrance.

94-30  4.  “Court” includes every court and judge having jurisdiction in

94-31   the case.

94-32  5.  “Professional service” means any type of personal service

94-33   which may legally be performed only pursuant to a license or

94-34   certificate of registration.

94-35  6.  “Real property” includes land and any interest or estate in land.

94-36  7.  “Registered limited-liability partnership” means a partnership

94-37   formed pursuant to an agreement governed by this chapter for the

94-38   purpose of rendering a professional service and registered pursuant to

94-39   and complying with NRS 87.440 to 87.560, inclusive.

94-40  8.  “Signature” means a name, word or mark executed or

94-41   adopted by a person with the present intention to authenticate a

94-42   document. The term includes, without limitation, a digital signature

94-43   as defined in section 7 of Assembly Bill No. 674 of this session.

94-44           9.  “Signed” means to have affixed a signature to a document.

94-45           10.  “Street address” of a resident agent means the actual

94-46   physical location in this state at which a resident agent is available

94-47   for service of process.

94-48           Sec. 155.  NRS 88.315 is hereby amended to read as follows:

94-49  88.315  As used in this chapter, unless the context otherwise

94-50   requires:

95-1    1.  “Certificate of limited partnership” means the certificate

95-2  referred to in NRS 88.350, and the certificate as amended or restated.

95-3    2.  “Contribution” means any cash, property, services rendered, or

95-4   a promissory note or other binding obligation to contribute cash or

95-5   property or to perform services, which a partner contributes to a

95-6   limited partnership in his capacity as a partner.

95-7    3.  “Event of withdrawal of a general partner” means an event that

95-8   causes a person to cease to be a general partner as provided in NRS

95-9   88.450.

95-10  4.  “Foreign limited partnership” means a partnership formed

95-11   under the laws of any state other than this state and having as partners

95-12   one or more general partners and one or more limited partners.

95-13  5.  “General partner” means a person who has been admitted to a

95-14   limited partnership as a general partner in accordance with the

95-15   partnership agreement and named in the certificate of limited

95-16   partnership as a general partner.

95-17  6.  “Limited partner” means a person who has been admitted to a

95-18   limited partnership as a limited partner in accordance with the

95-19   partnership agreement.

95-20  7.  “Limited partnership” and “domestic limited partnership” mean

95-21   a partnership formed by two or more persons under the laws of this

95-22   state and having one or more general partners and one or more

95-23   limited partners.

95-24  8.  “Partner” means a limited or general partner.

95-25  9.  “Partnership agreement” means any valid agreement, written or

95-26   oral, of the partners as to the affairs of a limited partnership and the

95-27   conduct of its business.

95-28  10.  “Partnership interest” means a partner’s share of the profits

95-29   and losses of a limited partnership and the right to receive

95-30   distributions of partnership assets.

95-31  11.  “Registered office” means the office maintained at the street

95-32   address of the resident agent.

95-33  12.  “Resident agent” means the agent appointed by the limited

95-34   partnership upon whom process or a notice or demand authorized by

95-35   law to be served upon the limited partnership may be served.

95-36  13.  “Sign” means to affix a signature to a document.

95-37  14.  “Signature” means a name, word or mark executed or

95-38   adopted by a person with the present intention to authenticate a

95-39   document. The term includes, without limitation, a digital signature

95-40   as defined in section 7 of Assembly Bill No. 674 of this session.

95-41  15.  “State” means a state, territory or possession of the United

95-42   States, the District of Columbia or the Commonwealth of Puerto

95-43   Rico.

95-44  16.  “Street address” of a resident agent means the actual

95-45   physical location in this state at which a resident is available for

95-46   service of process.

95-47           Sec. 165.  NRS 89.250 is hereby amended to read as follows:

95-48  89.250  1.  A professional association shall, on or before the last

95-49   day of the month in which the anniversary date of its organization

95-50   occurs in each year, furnish a statement to the secretary of state

95-51   showing the names and residence addresses of all members and

96-1  employees in such association and shall certify that all members and

96-2  employees are licensed to render professional service in this state.

96-3    2.  The statement must:

96-4    (a) Be made on a form prescribed by the secretary of state [but]

96-5   and must not contain any fiscal or other information except that

96-6   expressly called for by this section.

96-7    (b) Be signed by the chief executive officer of the association.

96-8    3.  Upon filing the annual statement required by this section, the

96-9   association shall pay to the secretary of state a fee of $15.

96-10           4.  As used in this section, “signed” means to have executed or

96-11   adopted a name, word or mark, including, without limitation, a

96-12   digital signature as defined in section 7 of Assembly Bill No. 674 of

96-13   this session, with the present intention to authenticate a document.

96-14           Sec. 180.  NRS 92A.230 is hereby amended to read as follows:

96-15  92A.230  1.  Articles of merger or exchange must be signed [and

96-16   acknowledged] by each domestic constituent entity as follows:

96-17  (a) By the president or a vice president of a domestic corporation,

96-18   whether or not for profit;

96-19  (b) By all the general partners of a domestic limited partnership;

96-20   [and]

96-21  (c) By a manager of a domestic limited-liability company with

96-22   managers or by all the members of a domestic limited-liability

96-23   company without managers[.] ; and

96-24  (d) By a trustee of a domestic business trust.

96-25  2.  If the domestic entity is a corporation, the articles must also be

96-26   signed by the secretary or an assistant secretary . [, but the signature

96-27   need not be acknowledged.]

96-28           3.  Articles of merger or exchange must be signed by each

96-29   foreign constituent entity in the manner provided by the law

96-30   governing it.

96-31           4.  As used in this section, “signed” means to have executed or

96-32   adopted a name, word or mark, including, without limitation, a

96-33   digital signature as defined in section 7 of Assembly Bill No. 674 of

96-34   this session, with the present intention to authenticate a document.

96-35           Sec. 194.  1.  Section 16.5 of chapter 380, Statutes of Nevada

96-36   1999, at page 1709, is hereby repealed.

96-37           2.  NRS 78.626, 78.627, 78.628 and 80.270 are hereby repealed.

96-38           [2.] 3.  Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of

96-39   Senate Bill No. 19 of this session are hereby repealed.

96-40           Sec. 195.  1.  This section and section 193.1 of this act

96-41   [becomes] , and subsection 1 of section 194 of this act become

96-42   effective on June 30, 1999.

96-43           2.  Sections 1 to 136, inclusive, and 138 to 193, inclusive, of this

96-44   act and subsections 2 and 3 of section 194 of this act become

96-45   effective on July 1, 1999.

96-46           [2.] 3.  Section 137 of this act becomes effective at 12:01 a.m. on

96-47   July 1, 1999.

96-48           4.  The amendatory provisions of section 188 of this act expire by

96-49   limitation on November 30, 1999.

97-1    2.  Chapter 357, Statutes of Nevada 1999, at page 1616, is hereby

97-2  amended by adding thereto a new section to be designated as section 147.1,

97-3   immediately following section 147, to read as follows:

97-4  Sec. 147.1.  NRS 86.563 is hereby amended to read as follows:

97-5  86.563  [An organizer, manager or managing member] Before the

97-6   issuance of members’ interests an organizer, and after the issuance

97-7   of members’ interests, a manager, of a limited-liability company

97-8   may authorize the secretary of state in writing to replace any page of

97-9   a document submitted for filing on an expedited basis, before the

97-10   actual filing, and to accept the page as if it were part of the originally

97-11   signed filing. The signed authorization of the organizer[,] or

97-12   manager [or managing member] to the secretary of state permits, but

97-13   does not require, the secretary of state to alter the original document

97-14   as requested.

97-15  3.  Chapter 357, Statutes of Nevada 1999, at page 1639, is hereby

97-16   amended by adding thereto a new section to be designated as section

97-17   193.1, immediately following section 193, to read as follows:

97-18           Sec. 193.1.  Sections 14 and 18 of chapter 380, Statutes of

97-19   Nevada 1999, at pages 1707 and 1711, respectively, are hereby

97-20   amended to read respectively as follows:

97-21  Sec. 14.  NRS 80.010 is hereby amended to read as follows:

97-22  80.010  1.  Before commencing or doing any business in this

97-23   state, [every] each corporation organized pursuant to the laws of

97-24   another state, territory, the District of Columbia, a [dependency]

97-25   possession of the United States or a foreign country, that enters

97-26   this state to do business must:

97-27  (a) File in the office of the secretary of state of this state:

97-28         (1) A certificate of corporate existence issued not more than

97-29   90 days before the date of filing by an authorized officer of the

97-30   jurisdiction of its incorporation setting forth the filing of

97-31   documents and instruments related to the articles of incorporation,

97-32   or the governmental acts or other instrument or authority by which

97-33   the corporation was created. If the certificate is in a language other

97-34   than English, a translation, together with the oath of the translator

97-35   and his attestation of its accuracy, must be attached to the

97-36   certificate.

97-37         (2) A certificate of acceptance of appointment executed by its

97-38   resident agent, who must be a resident or located in this state. The

97-39   certificate must set forth the name of the resident agent, his street

97-40   address for the service of process, and his mailing address if

97-41   different from his street address. The street address of the resident

97-42   agent is the registered office of the corporation in this state.

97-43         (3) A statement executed by an officer of the corporation

97-44   setting forth:

97-45         (I) A general description of the purposes of the corporation;

97-46   and

97-47         (II) The authorized stock of the corporation and the number

97-48   and par value of shares having par value and the number of shares

97-49   having no par value.

97-50  (b) Lodge in the office of the secretary of state a copy of the

97-51   document most recently filed by the corporation in the jurisdiction

98-1  of its incorporation setting forth the authorized stock of the

98-2  corporation, the number of par‑value shares and their par value, and

98-3   the number of no-par-value shares.

98-4    2.  The secretary of state shall not file the documents required

98-5   by subsection 1 for any foreign corporation whose name is not

98-6   distinguishable on the records of the secretary of state from the

98-7   names of all other artificial persons formed, organized, registered

98-8   or qualified pursuant to the provisions of this Title that are on file

98-9   in the office of the secretary of state and all names that are

98-10   reserved in the office of the secretary of state pursuant to the

98-11   provisions of this Title, unless the written, acknowledged consent

98-12   of the holder of the name on file or reserved name to use the same

98-13   name or the requested similar name accompanies the articles of

98-14   incorporation.

98-15  3.  The secretary of state shall not accept for filing the

98-16   documents required by subsection 1 or NRS 80.110 for any foreign

98-17   corporation if the name of the corporation contains the words

98-18   “engineer,” “engineered,” “engineering,” “professional engineer,”

98-19   “registered engineer” or “licensed engineer” unless the state board

98-20   of professional engineers and land surveyors certifies that:

98-21  (a) The principals of the corporation are licensed to practice

98-22   engineering pursuant to the laws of this state; or

98-23  (b) The corporation is exempt from the prohibitions of NRS

98-24   625.520.

98-25  4.  The secretary of state shall not accept for filing the

98-26   documents required by subsection 1 or NRS 80.110 for any foreign

98-27   corporation if it appears from the documents that the business to be

98-28   carried on by the corporation is subject to supervision by the

98-29   commissioner of financial institutions, unless the commissioner

98-30   certifies that:

98-31  (a) The corporation has obtained the authority required to do

98-32   business in this state; or

98-33  (b) The corporation is not subject to or is exempt from the

98-34   requirements for obtaining such authority.

98-35  5.  The secretary of state shall not accept for filing the

98-36   documents required by subsection 1 or NRS 80.110 for any

98-37   foreign corporation if the name of the corporation contains the

98-38   words “accountant,” “accounting,” “accountancy,” “auditor” or

98-39   “auditing” unless the Nevada state board of accountancy

98-40   certifies that the foreign corporation:

98-41  (a) Is registered pursuant to the provisions of chapter 628 of

98-42   NRS; or

98-43  (b) Has filed with the state board of accountancy under

98-44   penalty of perjury a written statement that the foreign

98-45   corporation is not engaged in the practice of accounting and is

98-46   not offering to practice accounting in this state.

98-47  6.  The secretary of state may adopt regulations that interpret

98-48   the requirements of this section.

98-49  Sec. 18.  1.  This section and sections 1, 2, 3 [and 5 to 17,] , 5

98-50   to 13, inclusive, 15, 16 and 17 of this act become effective on
July 1, 1999.

99-1         2.  Section 14 of this act becomes effective at 12:01 a.m. on

99-2  July 1, 1999.

99-3         3.  Section 4 of this act becomes effective at 12:01 a.m. on

99-4   January 1, 2001.

99-5    Sec. 75.  Section 13 of chapter 380, Statutes of Nevada 1999, at page

99-6   1706, is hereby amended to read as follows:

99-7  Sec. 13.  NRS 78.045 is hereby amended to read as follows:

99-8    78.045  1.  The secretary of state shall not accept for filing any

99-9   articles of incorporation or any certificate of amendment of articles of

99-10   incorporation of any corporation formed pursuant to the laws of this

99-11   state which provides that the name of the corporation contains the

99-12   word “bank” or “trust,” unless:

99-13  (a) It appears from the articles or the certificate of amendment that

99-14   the corporation proposes to carry on business as a banking or trust

99-15   company, exclusively or in connection with its business as a bank or

99-16   savings and loan association; and

99-17  (b) The articles or certificate of amendment is first approved by the

99-18   commissioner of financial institutions.

99-19  2.  The secretary of state shall not accept for filing any articles of

99-20   incorporation or any certificate of amendment of articles of

99-21   incorporation of any corporation formed pursuant to the provisions of

99-22   this chapter if it appears from the articles or the certificate of

99-23   amendment that the business to be carried on by the corporation is

99-24   subject to supervision by the commissioner of insurance or by the

99-25   commissioner of financial institutions, unless the articles or

99-26   certificate of amendment is approved by the commissioner who will

99-27   supervise the business of the corporation.

99-28  3.  Except as otherwise provided in subsection [4,] 5, the secretary

99-29   of state shall not accept for filing any articles of incorporation or any

99-30   certificate or amendment of articles of incorporation of any

99-31   corporation formed pursuant to the laws of this state if the name of

99-32   the corporation contains the words “engineer,” “engineered,”

99-33   “engineering,” “professional engineer,” “registered engineer” or

99-34   “licensed engineer” unless:

99-35  (a) The state board of professional engineers and land surveyors

99-36   certifies that the principals of the corporation are licensed to practice

99-37   engineering pursuant to the laws of this state; or

99-38  (b) The state board of professional engineers and land surveyors

99-39   certifies that the corporation is exempt from the prohibitions of NRS

99-40   625.520.

99-41           4.  The secretary of state shall not accept for filing any articles

99-42   of incorporation or any certificate of amendment of articles of

99-43   incorporation of any corporation formed pursuant to the laws of

99-44   this state which provides that the name of the corporation contains

99-45   the words “accountant,” “accounting,” “accountancy,” “auditor”

99-46   or “auditing” unless the Nevada state board of accountancy

99-47   certifies that the corporation:

99-48           (a) Is registered pursuant to the provisions of chapter 628 of

99-49   NRS; or

100-1  (b) Has filed with the state board of accountancy under penalty

100-2  of perjury a written statement that the corporation is not engaged in

100-3   the practice of accounting and is not offering to practice

100-4   accounting in this state.

100-5  5.  The provisions of subsection 3 do not apply to any corporation,

100-6   whose securities are publicly traded and regulated by the Securities

100-7   Exchange Act of 1934, which does not engage in the practice of

100-8   professional engineering.

100-9  [5.] 6.  The commissioner of financial institutions and the

100-10   commissioner of insurance may approve or disapprove the articles or

100-11   amendments referred to them pursuant to the provisions of this

100-12   section.

100-13     Sec. 76.  Section 3 of chapter 382, Statutes of Nevada 1999, at page

100-14   1712, is hereby amended to read as follows:

100-15          Sec. 3.  1.  If a person is notified of a delinquency pursuant to

100-16   NRS 612.685, he shall neither transfer, pay over nor make any

100-17   other disposition of money or property belonging to the delinquent

100-18   employing unit, or any portion thereof, until the administrator

100-19   consents thereto in writing.

100-20          2.  A person so notified shall, within 10 days after receipt of the

100-21   notice, advise the administrator of all credits, debts or other

100-22   personal property of the delinquent employing unit in his

100-23   possession, under his control or owing by him, as the case may be.

100-24          3.  The administrator may, personally or by registered or

100-25   certified mail, give the person so notified a demand to transmit.

100-26   Upon receipt of the demand, that person shall transmit to the

100-27   division, within the time and in the manner stated in the demand,

100-28   the lesser of:

100-29          (a) All the credits, debts or other personal property of the

100-30   delinquent employing unit in his possession, under his control or

100-31   owing by him; or

100-32          (b) The amount specified in the demand.

100-33  Except as otherwise provided in subsection 4, no further notice is

100-34   required.

100-35          4.  If the property of the delinquent employing unit consists of a

100-36   series of payments owed to it, the person who owes or controls the

100-37   payments shall transmit them to the division until otherwise notified

100-38   by the administrator. If the debt is not paid within 1 year after the

100-39   demand to transmit was given, the administrator shall give another

100-40   demand to the person who owes or controls the payments,

100-41   instructing him to continue to transmit the payments or informing

100-42   him that his duty to transmit them has ceased.

100-43          5.  A person notified of a delinquency who makes any transfer or

100-44   other disposition of property required to be withheld or transmitted

100-45   to the division is liable for the amount of the delinquency to the

100-46   extent of the value of the property or the amount of the debt so

100-47   transferred or paid.

100-48          6.  The division shall determine as promptly as practicable

100-49   whether sufficient liquid assets have been withheld or transmitted

100-50   to satisfy its claim. As soon as the division determines that the

100-51   assets

101-1  are sufficient, it shall consent in writing to a transfer or other

101-2  disposition of assets in excess of the amount needed.

101-3  Sec. 77.  1.  Sections 47 and 48 of chapter 383, Statutes of Nevada

101-4   1999, at page 1739, are hereby amended to read respectively as follows:

101-5           Sec. 47.  1.  Sections 6 to 11, inclusive, of chapter 475, Statutes

101-6   of Nevada 1999, at pages 2415 and 2416, are hereby repealed.

101-7           2.  NRS 616A.235, 616B.218, 616B.389 and 616C.535 are hereby

101-8   repealed.

101-9           [2.] 3.  NRS 616B.230 is hereby repealed.

101-10          Sec. 48.  1.  This section , section 46.1 and [sections] subsection

101-11   1 of section 47 of this act become effective on June 30, 1999.

101-12          2.  Sections 2, 5 to 9, inclusive, 11, 14, 19 to 24, inclusive, 26 to

101-13   32, inclusive, 34, 35, [36,] 38, 39, 40 to 46, inclusive, and subsection

101-14   [1] 2 of section 47 of this act become effective on July 1, 1999.

101-15          [2.] 3.  Sections 1, 3, 4, 10, 12, 15, 16, 17, 18, 25, 33, 36, 37 and

101-16   subsection [2] 3 of section 47 of this act become effective at 12:01

101-17   a.m. on July 1, 1999.

101-18          [3.] 4.  Section 13 of this act becomes effective at 12:02 a.m. on

101-19   July 1, 1999.

101-20     2.  Chapter 383, Statutes of Nevada 1999, at page 1739, is hereby

101-21   amended by adding thereto a new section to be designated as section 46.1,

101-22   immediately following section 46, to read as follows:

101-23          Sec. 46.1.  Section 14 of chapter 475, Statutes of Nevada 1999, at

101-24   page 2417, is hereby amended to read as follows:

101-25        Sec. 14.  1.  This section and [sections 6 to 12, inclusive,]

101-26   section 12 of this act become effective on July 1, 1999.

101-27        2.  Sections 1 to 5, inclusive, and 13 of this act become

101-28   effective at 12:01 a.m. on July 1, 1999.

101-29     Sec. 78.  Section 5 of chapter 384, Statutes of Nevada 1999, at page

101-30   1749, is hereby amended to read as follows:

101-31          Sec. 5.  Chapter 231 of NRS is hereby amended by adding thereto

101-32   a new section to read as follows:

101-33          The commission on economic development shall, on or before

101-34   January 15 of each odd-numbered year, prepare and submit to the

101-35   director of the legislative counsel bureau for transmission to the

101-36   legislature a report concerning the abatements from taxation that

101-37   the commission approved pursuant to section 1 of this act. The

101-38   report must set forth, for each abatement from taxation that the

101-39   commission approved in the 2-year period immediately preceding

101-40   the submission of the report:

101-41          1.  The dollar amount of the abatement;

101-42          2.  The location of the business for which the abatement was

101-43   approved;

101-44          3.  The number of employees that the business for which the

101-45   abatement was approved employs or will employ;

101-46          4.  Whether the business for which the abatement was approved

101-47   is a new business or an existing business; and

101-48          5.  Any other information that the commission determines to be

101-49   useful.

102-1  Sec. 79.  Sections 1, 3 and 4 of chapter 386, Statutes of Nevada 1999,

102-2  at pages 1752, 1753 and 1754, respectively, are hereby amended to read

102-3   respectively as follows:

102-4           Section 1.  NRS 385.210 is hereby amended to read as follows:

102-5           385.210  1.  The superintendent of public instruction shall

102-6   prescribe a convenient form of school register for the purpose of

102-7   securing accurate returns from the teachers of public schools.

102-8           2.  The superintendent shall prepare pamphlet copies of the

102-9   [school law,] codified statutes relating to schools, and shall transmit

102-10   a copy to each school, school trustee[,] and other school officer in

102-11   [the state. When] this state. If the state board adopts regulations to

102-12   carry out these codified statutes or if additions or amendments are

102-13   made to [the school law, he] these codified statutes, the

102-14   superintendent shall have[them] the regulations, additions or

102-15   amendments printed and transmitted immediately thereafter. Each

102-16   pamphlet [shall] must be marked “State property—to be turned over

102-17   to your successor in office.” Each school shall maintain a copy of

102-18   the pamphlet with any regulations, additions or amendments in the

102-19   school library.

102-20          3.  In addition to the requirements set forth in subsection 2, the

102-21   superintendent shall, to the extent practicable and not later than

102-22   July 1 of each year, provide to the board of trustees of each school

102-23   district a memorandum that describes each statute newly enacted by

102-24   the legislature which affects the public schools in this state and the

102-25   pupils who are enrolled in the public schools in this state. The

102-26   memorandum may compile all the statutes into one document. If a

102-27   statute requires the state board to take action to carry out the

102-28   statute, the memorandum must include a brief plan for carrying out

102-29   the statute by the state board. In addition, the memorandum must

102-30   include the date on which the statute becomes effective and the date

102-31   by which it must be carried into effect by a school district or public

102-32   school.

102-33          4.  The superintendent shall, if directed by the state board, prepare

102-34   and publish a bulletin as the official publication of the department.

102-35          Sec. 3.  NRS 386.360 is hereby amended to read as follows:

102-36          386.360  1.  Not later than 60 days after receipt of a

102-37   memorandum pursuant to subsection 3 of NRS 385.210 from the

102-38   superintendent of public instruction, the board of trustees of a

102-39   school district shall determine which statutes directly affect pupils,

102-40   parents, teachers, administrators or other educational personnel

102-41   and require a plan for implementation. If the board of trustees

102-42   determines that a statute requires a plan for implementation, the

102-43   board of trustees shall prepare a brief plan, which must ensure that

102-44   the school district and the public schools within the school district

102-45   will comply with the statute on the date on which the statute

102-46   becomes effective and thereafter. The board of trustees shall

102-47   provide written notice of the information contained in the

102-48   memorandum provided pursuant to subsection 3 of NRS 385.210

102-49   that directly affects pupils, parents, teachers, administrators or

102-50   other educational personnel and a brief plan for implementation of

102-51   the statutes, if any, to the parents and legal guardians of pupils who

102-52   are enrolled in

103-1  public schools within the school district and all teachers,

103-2  administrators and other educational personnel who are employed

103-3   by the board of trustees. The written notice to the parents and legal

103-4   guardians may be:

103-5           (a) Included in other notices that the board of trustees provides to

103-6   parents and legal guardians.

103-7           (b) Provided in a language other than English if the board of

103-8   trustees determines that it is necessary for the parent or legal

103-9   guardian to understand the notice.

103-10          2.  Each board of trustees may prescribe and enforce rules, not

103-11   inconsistent with law or rules prescribed by the state board , [of

103-12   education,] for its own government and the government of public

103-13   schools under its charge.

103-14          [2.] 3.  Each board of trustees shall prescribe rules for the

103-15   granting of permission to carry or possess a weapon pursuant to NRS

103-16   202.265.

103-17          Sec. 4.  The superintendent of public instruction and the board of

103-18   trustees of each school district shall provide information on statutes

103-19   and regulations in accordance with the amendatory provisions of

103-20   [subsections 3 and 4] subsection 3 of section 1 of this act and

103-21   subsection 1 of section 3 of this act for all statutes and regulations

103-22   that are effective on or after July 1, 1999.

103-23     Sec. 80.  1.  Sections 15, 23, 37, 39, 52, 57.4, 62.1, 62.2, 71, 85, 96.5

103-24   and 115 of chapter 388, Statutes of Nevada 1999, at pages 1762, 1764,

103-25   1771, 1776, 1783, 1785, 1786, 1800, 1806, 1815 and 1828, and section

103-26   140 of chapter 388, Statutes of Nevada 1999, at page 1843, as amended by

103-27   section 26.5 of chapter 582, Statutes of Nevada 1999, at page 3148, are

103-28   hereby amended to read respectively as follows:

103-29          Sec. 15.  NRS 616A.485 is hereby amended to read as follows:

103-30          616A.485  1.  [The books, records and payrolls of an employer

103-31   insured by the system must be open to inspection by the

103-32   administrator, the system or its auditor or agent or by auditors of the

103-33   department of taxation to determine:

103-34          (a) The accuracy of the payroll;

103-35          (b) The number of persons employed; and

103-36          (c) Any other information necessary for the administration of

103-37   chapters 616A to 617, inclusive, of NRS.

103-38          2.]  The books, records and payroll of an employer who is self

103-39  -insured, a member of an association of self-insured public or private

103-40   employers or insured by a private carrier must be open to inspection

103-41   by the administrator or his auditor or agent [in the manner prescribed

103-42   in subsection 1.

103-43          3.] to determine:

103-44          (a) The accuracy of the payroll;

103-45          (b) The number of persons employed; and

103-46          (c) Any other information necessary for the administration of

103-47   chapters 616A to 617, inclusive, of NRS.

103-48          2.  The books, records and payroll of an employer who is insured

103-49   by a private carrier must be open to inspection by that private carrier

103-50   or its auditor or agent in the manner prescribed in subsection 1.

104-1           Sec. 23.  NRS 616B.036 is hereby amended to read as follows:

104-2           616B.036  1.  [The system and private carriers] A private carrier

104-3   may provide industrial insurance for an organization or association of

104-4   employers as a group if:

104-5           (a) The members of the organization or association are engaged in

104-6   a common trade or business; and

104-7           (b) The formation and operation of a program of industrial

104-8   insurance for the organization or association will substantially assist

104-9   in the handling of claims and the prevention of accidents for the

104-10   employers as a group.

104-11          2.  Notwithstanding the provisions of subsection 1, [the system

104-12   and private carriers] a private carrier may provide industrial

104-13   insurance for an organization or association of employers as a group

104-14   whose members are not engaged in a common trade or business if:

104-15          (a) The organization or association of employers is formed and

104-16   maintained for purposes other than obtaining industrial insurance;

104-17   and

104-18          (b) The contract or other agreement pursuant to which the [system

104-19   or the] private carrier will provide industrial insurance for the

104-20   organization or association provides that:

104-21                    (1) A separate policy will be issued to each member of the

104-22   organization or association; and

104-23                    (2) Other than the payment of premiums by the organization or

104-24   association, the organization or association and each of its members

104-25   are not liable for the cost of the administration of claims or the

104-26   compensation payable pursuant to the provisions of chapters 616A to

104-27   616D, inclusive, or chapter 617 of NRS.

104-28          3.  The commissioner must approve each organization or

104-29   association before a policy of industrial insurance may be issued to it

104-30   as a group pursuant to subsection 1 or 2.

104-31          4.  The commissioner shall adopt regulations for the qualification

104-32   of organizations or associations of employers described in

104-33   subsections 1 and 2.

104-34          Sec. 37.  NRS 616B.460 is hereby amended to read as follows:

104-35          616B.460  1.  An employer may elect to purchase industrial

104-36   insurance from a private carrier for his employees pursuant to

104-37   chapters 616A to 617, inclusive, of NRS.

104-38          2.  An employer may elect to purchase insurance from an insurer

104-39   other than his present insurer if the employer has:

104-40          (a) Given at least 10 days’ notice to the administrator of the change

104-41   of insurer; and

104-42          (b) Furnished evidence satisfactory to the administrator that the

104-43   payment of compensation has otherwise been secured.

104-44          3.  Each private carrier [and the system] shall notify the

104-45   administrator if an employer has changed his insurer or has allowed

104-46   his insurance to lapse, within 15 days after the insurer has notice of

104-47   the change or lapse.

104-48          Sec. 39.  NRS 616B.527 is hereby amended to read as follows:

104-49          616B.527  A self-insured employer, an association of self-insured

104-50   public or private employers or a private carrier may:

105-1           1.  Enter into a contract or contracts with one or more

105-2  organizations for managed care to provide comprehensive medical

105-3   and health care services to employees for injuries and diseases that

105-4   are compensable pursuant to chapters 616A to 617, inclusive, of

105-5   NRS.

105-6           2.  Enter into a contract or contracts with providers of health care,

105-7   including, without limitation, physicians who provide primary care,

105-8   specialists, pharmacies, physical therapists, radiologists, nurses,

105-9   diagnostic facilities, laboratories, hospitals and facilities that provide

105-10   treatment to outpatients, to provide medical and health care services

105-11   to employees for injuries and diseases that are compensable pursuant

105-12   to chapters 616A to 617, inclusive, of NRS.

105-13          3.  [Use the services of an organization for managed care that has

105-14   entered into a contract with the manager pursuant to NRS 616B.515,

105-15   but is not required to use such services.

105-16          4.]  Require employees to obtain medical and health care services

105-17   for their industrial injuries from those organizations and persons with

105-18   whom the self-insured employer, association or private carrier has

105-19   contracted pursuant to subsections 1 and 2, or as the self-insured

105-20   employer, association or private carrier otherwise prescribes.

105-21          [5.] 4.  Require employees to obtain the approval of the self

105-22  -insured employer, association or private carrier before obtaining

105-23   medical and health care services for their industrial injuries from a

105-24   provider of health care who has not been previously approved by the

105-25   self-insured employer, association or private carrier.

105-26          [6.] 5.  An organization for managed care with whom a self

105-27  -insured employer, association of self-insured public or private

105-28   employers or a private carrier has contracted pursuant to this section

105-29   shall comply with the provisions of sections 2, 3 and 4 of [this act.]

105-30   Assembly Bill No. 470 of this session.

105-31          Sec. 52.  NRS 616C.090 is hereby amended to read as follows:

105-32          616C.090  1.  The administrator shall establish a panel of

105-33   physicians and chiropractors who have demonstrated special

105-34   competence and interest in industrial health to treat injured

105-35   employees under chapters 616A to 616D, inclusive, or chapter 617 of

105-36   NRS. Every employer whose insurer has not entered into a contract

105-37   with an organization for managed care or with providers of health

105-38   care services pursuant to NRS [616B.515 or] 616B.527 shall

105-39   maintain a list of those physicians and chiropractors on the panel who

105-40   are reasonably accessible to his employees.

105-41          2.  An injured employee whose employer’s insurer has not entered

105-42   into a contract with an organization for managed care or with

105-43   providers of health care services pursuant to NRS [616B.515 or]

105-44   616B.527 may choose his treating physician or chiropractor from the

105-45   panel of physicians and chiropractors. If the injured employee is not

105-46   satisfied with the first physician or chiropractor he so chooses, he

105-47   may make an alternative choice of physician or chiropractor from the

105-48   panel if the choice is made within 90 days after his injury. The

105-49   insurer shall notify the first physician or chiropractor in writing. The

105-50   notice must be postmarked within 3 working days after the insurer

105-51   receives knowledge of the change. The first physician or chiropractor

105-52   must be

106-1  reimbursed only for the services he rendered to the injured employee

106-2  up to and including the date of notification. Any further change is

106-3   subject to the approval of the insurer, which must be granted or

106-4   denied within 10 days after a written request for such a change is

106-5   received from the injured employee. If no action is taken on the

106-6   request within 10 days, the request shall be deemed granted. Any

106-7   request for a change of physician or chiropractor must include the

106-8   name of the new physician or chiropractor chosen by the injured

106-9   employee.

106-10          3.  An injured employee whose employer’s insurer has entered

106-11   into a contract with an organization for managed care or with

106-12   providers of health care services pursuant to NRS [616B.515 or]

106-13   616B.527 must choose his treating physician or chiropractor pursuant

106-14   to the terms of that contract. If the injured employee is not satisfied

106-15   with the first physician or chiropractor he so chooses, he may make

106-16   an alternative choice of physician or chiropractor pursuant to the

106-17   terms of the contract if the choice is made within 90 days after his

106-18   injury. If the injured employee, after choosing his treating physician

106-19   or chiropractor, moves to a county which is not served by the

106-20   organization for managed care or providers of health care services

106-21   named in the contract and the insurer determines that it is impractical

106-22   for the injured employee to continue treatment with the physician or

106-23   chiropractor, the injured employee must choose a treating physician

106-24   or chiropractor who has agreed to the terms of that contract unless the

106-25   insurer authorizes the injured employee to choose another physician

106-26   or chiropractor.

106-27          4.  Except when emergency medical care is required and except as

106-28   otherwise provided in NRS 616C.055, the insurer is not responsible

106-29   for any charges for medical treatment or other accident benefits

106-30   furnished or ordered by any physician, chiropractor or other person

106-31   selected by the injured employee in disregard of the provisions of this

106-32   section or for any compensation for any aggravation of the injured

106-33   employee’s injury attributable to improper treatments by such

106-34   physician, chiropractor or other person.

106-35          5.  The administrator may order necessary changes in a panel of

106-36   physicians and chiropractors and shall suspend or remove any

106-37   physician or chiropractor from a panel for good cause shown.

106-38          6.  An injured employee may receive treatment by more than one

106-39   physician or chiropractor if the insurer provides written authorization

106-40   for such treatment.

106-41          Sec. 57.4.  NRS 616C.235 is hereby amended to read as follows:

106-42          616C.235  1.  Except as otherwise provided in [subsection 2:]

106-43   subsections 2, 3 and 4:

106-44          (a) When the insurer determines that a claim should be closed

106-45   before all benefits to which the claimant may be entitled have been

106-46   paid, the insurer shall send a written notice of its intention to close

106-47   the claim to the claimant by first-class mail addressed to the last

106-48   known address of the claimant. The notice must include a statement

106-49   that if the claimant does not agree with the determination, he has a

106-50   right to request a resolution of the dispute pursuant to NRS 616C.305

106-51   and 616C.315 to 616C.385, inclusive. A suitable form for requesting

106-52   a

107-1  resolution of the dispute must be enclosed with the notice. The closure

107-2  of a claim pursuant to this subsection is not effective unless notice is

107-3   given as required by this subsection.

107-4           (b) If the insurer does not receive a request for the resolution of the

107-5   dispute, it may close the claim.

107-6           (c) Notwithstanding the provisions of NRS 233B.125, if a hearing

107-7   is conducted to resolve the dispute, the decision of the hearing officer

107-8   may be served by first-class mail.

107-9           2.  If, during the first 12 months after a claim is opened, the

107-10   medical benefits required to be paid for a claim are less than [$500,

107-11   the claim closes automatically. The claimant may not appeal the

107-12   closing of such a claim. The] $300, the insurer may close the claim

107-13   at any time after he sends, by first-class mail addressed to the last

107-14   known address of the claimant, written notice that:

107-15          (a) The claim is being closed pursuant to this subsection;

107-16          (b) The injured employee may appeal the closure of the claim

107-17   pursuant to the provisions of NRS 616C.305 and 616C.315 to

107-18   616C.385, inclusive; and

107-19          (c) If the injured employee does not appeal the closure of the

107-20   claim or appeals the closure of the claim but is not successful, the

107-21   claim cannot be reopened.

107-22          3.  In addition to the notice described in subsection 2, an insurer

107-23   shall send to each claimant who receives less than [$500] $300 in

107-24   medical benefits within 6 months after the claim is opened a written

107-25   notice that explains the circumstances under which a claim may be

107-26   closed [automatically] pursuant to [this subsection.] subsection 2.

107-27   The written notice provided pursuant to this subsection does not

107-28   create any right to appeal the contents of that notice. The written

107-29   notice must be:

107-30          (a) Sent by first-class mail addressed to the last known address of

107-31   the claimant; and

107-32          (b) A document that is separate from any other document or form

107-33   that is used by the insurer.

107-34          4.  The closure of a claim pursuant to [this] subsection 2 is not

107-35   effective unless notice is given as required by [this subsection.]

107-36   subsections 2 and 3.

107-37          Sec. 62.1.  NRS 616C.330 is hereby amended to read as follows:

107-38          616C.330  1.  The hearing officer shall:

107-39          (a) Within 5 days after receiving a request for a hearing, set the

107-40   hearing for a date and time within 30 days after his receipt of the

107-41   request;

107-42          (b) Give notice by mail or by personal service to all interested

107-43   parties to the hearing at least 15 days before the date and time

107-44   scheduled; and

107-45          (c) Conduct hearings expeditiously and informally.

107-46          2.  The notice must include a statement that the injured employee

107-47   may be represented by a private attorney or seek assistance and

107-48   advice from the Nevada attorney for injured workers.

107-49          3.  If necessary to resolve a medical question concerning an

107-50   injured employee’s condition or to determine the necessity of

108-1  treatment for which authorization for payment has been denied, the

108-2  hearing officer may refer the employee to a physician or chiropractor

108-3   of his choice who has demonstrated special competence to treat the

108-4   particular medical condition of the employee. If the medical question

108-5   concerns the rating of a permanent disability, the hearing officer may

108-6   refer the employee to a rating physician or chiropractor. The rating

108-7   physician or chiropractor must be selected in rotation from the list of

108-8   qualified physicians and chiropractors maintained by the

108-9   administrator pursuant to subsection 2 of NRS 616C.490, unless the

108-10   insurer and injured employee otherwise agree to a rating physician or

108-11   chiropractor. The insurer shall pay the costs of any medical

108-12   examination requested by the hearing officer.

108-13          4.  If an injured employee has requested payment for the cost of

108-14   obtaining a second determination of his percentage of disability

108-15   pursuant to NRS 616C.100, the hearing officer shall decide

108-16   whether the determination of the higher percentage of disability

108-17   made pursuant to NRS 616C.100 is appropriate and, if so, may

108-18   order the insurer to pay to the employee an amount equal to the

108-19   maximum allowable fee established by the administrator pursuant

108-20   to NRS 616C.260 for the type of service performed, or the usual fee

108-21   of that physician or chiropractor for such service, whichever is less.

108-22          5.  The hearing officer may allow or forbid the presence of a court

108-23   reporter and the use of a tape recorder in a hearing.

108-24          [5.] 6.  The hearing officer shall render his decision within 15

108-25   days after:

108-26          (a) The hearing; or

108-27          (b) He receives a copy of the report from the medical examination

108-28   he requested.

108-29          [6.] 7.  The hearing officer shall render his decision in the most

108-30   efficient format developed by the chief of the hearings division of the

108-31   department of administration.

108-32          [7.] 8.  The hearing officer shall give notice of his decision to

108-33   each party by mail. He shall include with the notice of his decision

108-34   the necessary forms for appealing from the decision.

108-35          [8.] 9.  Except as otherwise provided in NRS 616C.380, the

108-36   decision of the hearing officer is not stayed if an appeal from that

108-37   decision is taken unless an application for a stay is submitted by a

108-38   party. If such an application is submitted, the decision is

108-39   automatically stayed until a determination is made on the application.

108-40   A determination on the application must be made within 30 days after

108-41   the filing of the application. If, after reviewing the application, a stay

108-42   is not granted by the hearing officer or an appeals officer, the

108-43   decision must be complied with within 10 days after the refusal to

108-44   grant a stay.

108-45          Sec. 62.2.  NRS 616C.360 is hereby amended to read as follows:

108-46          616C.360  1.  A stenographic or electronic record must be kept

108-47   of the hearing before the appeals officer and the rules of evidence

108-48   applicable to contested cases under chapter 233B of NRS apply to the

108-49   hearing.

108-50          2.  The appeals officer must hear any matter raised before him on

108-51   its merits, including new evidence bearing on the matter.

109-1           3.  If necessary to resolve a medical question concerning an

109-2  injured employee’s condition or to determine the necessity of

109-3   treatment for which authorization for payment has been denied, the

109-4   appeals officer may refer the employee to a physician or chiropractor

109-5   of his choice who has demonstrated special competence to treat the

109-6   particular medical condition of the employee. If the medical question

109-7   concerns the rating of a permanent disability, the appeals officer may

109-8   refer the employee to a rating physician or chiropractor. The rating

109-9   physician or chiropractor must be selected in rotation from the list of

109-10   qualified physicians or chiropractors maintained by the administrator

109-11   pursuant to subsection 2 of NRS 616C.490, unless the insurer and the

109-12   injured employee otherwise agree to a rating physician or

109-13   chiropractor. The insurer shall pay the costs of any examination

109-14   requested by the appeals officer.

109-15          4.  If an injured employee has requested payment for the cost of

109-16   obtaining a second determination of his percentage of disability

109-17   pursuant to NRS 616C.100, the appeals officer shall decide whether

109-18   the determination of the higher percentage of disability made

109-19   pursuant to NRS 616C.100 is appropriate and, if so, may order the

109-20   insurer to pay to the employee an amount equal to the maximum

109-21   allowable fee established by the administrator pursuant to NRS

109-22   616C.260 for the type of service performed, or the usual fee of that

109-23   physician or chiropractor for such service, whichever is less.

109-24          5.  Any party to the appeal or the appeals officer may order a

109-25   transcript of the record of the hearing at any time before the seventh

109-26   day after the hearing. The transcript must be filed within 30 days

109-27   after the date of the order unless the appeals officer otherwise orders.

109-28          [5.] 6.  The appeals officer shall render his decision:

109-29          (a) If a transcript is ordered within 7 days after the hearing, within

109-30   30 days after the transcript is filed; or

109-31          (b) If a transcript has not been ordered, within 30 days after the

109-32   date of the hearing.

109-33          [6.] 7.  The appeals officer may affirm, modify or reverse any

109-34   decision made by the hearing officer and issue any necessary and

109-35   proper order to give effect to his decision.

109-36          Sec. 71.  NRS 616D.250 is hereby amended to read as follows:

109-37          616D.250  1.  [Any employer insured by the system who refuses

109-38   to submit his books, records and payroll for inspection, as provided

109-39   by NRS 616A.485, to a representative of the system or the

109-40   administrator, or to an auditor from the department of taxation

109-41   presenting written authority for the inspection, is subject to a penalty

109-42   of $1,000 for each offense, to be collected by a civil action in the

109-43   name of the system or the administrator.

109-44          2.]  A self-insured employer, a member of an association of self

109-45  -insured public or private employers or an employer insured by a

109-46   private carrier who refuses to submit his books, records and payroll to

109-47   the administrator or the private carrier for inspection as provided by

109-48   NRS 616A.485 is subject to a penalty of $1,000 for each offense, to

109-49   be collected by a civil action in the name of the administrator or the

109-50   private carrier, as applicable.

110-1           [3.] 2.  The person who [gives] makes such refusal is guilty of a

110-2  misdemeanor.

110-3           Sec. 85.  NRS 218.610 is hereby amended to read as follows:

110-4  218.610  As used in NRS 218.610 to 218.735, inclusive, and sections 7

110-5   and 8 of [this act,]Assembly Bill No. 631 of this session, “agency of the

110-6   state” includes all offices, departments, boards, commissions [or] and

110-7   institutions of the state . [, and the state industrial insurance system.]

110-8           Sec. 96.5.  NRS 284.140 is hereby amended to read as follows:

110-9  284.140  The unclassified service of the state consists of positions

110-10   held by state officers or employees in the executive department of the

110-11   state government as follows:

110-12     1.  Persons chosen by election or appointment to fill an elective

110-13   office.

110-14     2.  Members of boards and commissions, and heads of

110-15   departments, agencies and institutions required by law to be

110-16   appointed.

110-17     3.  At the discretion of the elective officer or head of each

110-18   department, agency or institution, one deputy and one chief assistant

110-19   in each department, agency or institution.

110-20     4.  Except as otherwise provided in NRS 223.085 and section 86.8

110-21   of this act, all persons required by law to be appointed by the

110-22   governor or heads of departments or agencies appointed by the

110-23   governor or by boards.

110-24     5.  All employees other than clerical in the office of the attorney

110-25   general and the state public defender required by law to be appointed

110-26   by the attorney general or the state public defender.

110-27     6.  Except as otherwise provided by the board of regents of the

110-28   University of Nevada pursuant to NRS 396.251, officers and

110-29   members of the teaching staff and the staffs of the agricultural

110-30   extension department and experiment station of the University and

110-31   Community College System of Nevada, or any other state institution

110-32   of learning, and student employees of these institutions. Custodial,

110-33   clerical or maintenance employees of these institutions are in the

110-34   classified service. The board of regents of the University of Nevada

110-35   shall assist the director in carrying out the provisions of this chapter

110-36   applicable to the University and Community College System of

110-37   Nevada.

110-38     7.  Officers and members of the Nevada National Guard.

110-39     8.  Persons engaged in public work for the state but employed by

110-40   contractors when the performance of the contract is authorized by the

110-41   legislature or another competent authority.

110-42     9.  Patient and inmate help in state charitable, penal, mental and

110-43   correctional institutions.

110-44     10.  Part-time professional personnel who are paid for any form of

110-45   medical, nursing or other professional service and who are not

110-46   engaged in the performance of administrative or substantially

110-47   recurring duties.

110-48     11.  All other officers and employees authorized by law to be

110-49   employed in the unclassified service.

111-1           Sec. 115.  NRS 680B.027 is hereby amended to read as follows:

111-2           680B.027  1.  Except as otherwise provided in NRS 680B.033

111-3   and 680B.050, and section 14 of [this act,] Assembly Bill No. 673 of

111-4   this session, for the privilege of transacting business in this state,

111-5   each insurer shall pay to the department of taxation a tax upon his net

111-6   direct premiums and net direct considerations written at the rate of

111-7   3.5 percent.

111-8           2.  The tax must be paid in the manner required by NRS 680B.030

111-9   and 680B.032.

111-10          3.  The commissioner or the executive director of the department

111-11   of taxation may require at any time verified supplemental statements

111-12   with reference to any matter pertinent to the proper assessment of the

111-13   tax.

111-14          [4.  For the purposes of this section, “insurer” includes the state

111-15   industrial insurance system.]

111-16          Sec. 140.  1.  This section, section 27, subsection 1 of section

111-17   127, and sections 128 and 129 of this act become effective upon

111-18   passage and approval.

111-19          2.  Subsection 1 of section 132 of this act becomes effective on

111-20   June 1, 1999.

111-21          3.  Sections 2, 3, 12.5, 86.1, 86.2, 86.6 to 86.9, inclusive, 96.5,

111-22   116, 122, 126.3, 127.5, 130 and 135 of this act become effective on

111-23   July 1, 1999.

111-24          4.  Section 86.4 of this act becomes effective on July 1, 1999, only

111-25   if Assembly Bill No. 660 of this session is enacted by the legislature.

111-26          5.  Sections 20.5, 35, 89, 117 and 139.4 of this act become

111-27   effective at 12:01 a.m. on July 1, 1999.

111-28          6.  Sections 20, 24, 25, 26 and 96 of this act become effective on

111-29   the date the governor issues a proclamation pursuant to subsection 1

111-30   of section 129 of this act.

111-31          7.  Sections 29 and 126.5 of this act become effective on the date

111-32   the governor issues a proclamation pursuant to subsection 1 of

111-33   section 129 of this act, only if the governor issues the proclamation

111-34   before October 1, 1999.

111-35          8.  Section 29.5 of this act becomes effective:

111-36          (a) At 12:01 a.m. on October 1, 1999, only if the governor issues a

111-37   proclamation pursuant to subsection 1 of section 129 of this act on

111-38   October 1, 1999; or

111-39          (b) On the date the governor issues a proclamation pursuant to

111-40   subsection 1 of section 129 of this act, only if the governor issues the

111-41   proclamation after October 1, 1999.

111-42          9.  Sections 20.6, 49.5, 52.5, 53.5, 57.2, 57.4, 62.1 to 62.5,

111-43   inclusive, 68.2 to 68.8, inclusive, 80.5 and 139.2 of this act become

111-44   effective on January 1, 2000.

111-45          10.  Sections 1, 4 to 12, inclusive, 13 to 19, inclusive, 21, 22, 23,

111-46   28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to 57,

111-47   inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80, inclusive,

111-48   81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to [115,] 114,

111-49   inclusive, 118 to 121, inclusive, 123 to 126, inclusive, subsection 2 of

111-50   section 127, 131, subsection 2 of section 132, 133, 134, 136 to 139,

112-1  inclusive, and 141 of this act become effective on January 1, 2000,

112-2  only if, on that date, the manager of the state industrial insurance

112-3   system transfers the assets of the state industrial insurance system to

112-4   a domestic mutual insurance company pursuant to section 129 of this

112-5   act.

112-6           11.  [Section] Sections 63 and 115 of this act [becomes] become

112-7   effective at 12:01 a.m. on January 1, 2000, only if, on that date, the

112-8   manager of the state industrial insurance system transfers the assets

112-9   of the state industrial insurance system to a domestic mutual

112-10   insurance company pursuant to section 129 of this act.

112-11          12.  Sections 20, 96, 116 , [and] 122 and 126.3 of this act expire

112-12   by limitation on January 1, 2000, if the manager of the state industrial

112-13   insurance system transfers the assets of the state industrial insurance

112-14   system to a domestic mutual insurance company pursuant to section

112-15   129 of this act.

112-16          13.  Section 8 of this act expires by limitation on June 30, 2003.

112-17          14.  Section 100 of this act expires by limitation on May 1, 2013.

112-18     2.  Chapter 388, Statutes of Nevada 1999, at page 1764, is hereby

112-19   amended by adding thereto a new section to be designated as section 20.6,

112-20   immediately following section 20.5, to read as follows:

112-21          Sec. 20.6.  NRS 616B.018 is hereby amended to read as follows:

112-22          616B.018  1.  The administrator shall establish a method of

112-23   indexing claims for compensation that will make information

112-24   concerning the claimants of an insurer available to other insurers and

112-25   the fraud control unit for industrial insurance established pursuant to

112-26   NRS 228.420.

112-27          2.  Every insurer shall provide the following information if

112-28   required by the administrator for establishing and maintaining the

112-29   index of claims:

112-30          (a) The first name, last name, middle initial, if any, date of birth

112-31   and social security number of the injured employee;

112-32          (b) The name and tax identification number of the employer of the

112-33   injured employee;

112-34          (c) If the employer of the injured employee is a member of an

112-35   association of self-insured public or private employers, the name and

112-36   tax identification number of that association;

112-37          (d) The name and tax identification number of the insurer, unless

112-38   the employer of the injured employee is self-insured and this

112-39   requirement would duplicate the information required pursuant to

112-40   paragraph (b);

112-41          (e) The date upon which the employer’s policy of industrial

112-42   insurance that covers the claim became effective and the date upon

112-43   which it will expire or must be renewed;

112-44          (f) The number assigned to the claim by the insurer;

112-45          (g) The date of the injury or of the sustaining of the occupational

112-46   disease;

112-47          (h) The part of the body that was injured or the occupational

112-48   disease that was sustained by the injured employee;

112-49          (i) The percentage of disability as determined by the rating

112-50   physician or chiropractor;

113-1           (j) Which part of the body was permanently impaired, if any;

113-2           (k) What type of accident or occupational disease that is the

113-3   subject of the claim;

113-4           (l) The date, if any, that the claim was closed; and

113-5  (m) If the claim has been closed, whether the closure was[:

113-6           (1) Automatic] pursuant to the provisions of [subsection] :

113-7           (1) Subsection 2 of NRS 616C.235; or

113-8           (2) [Pursuant to the provisions of subsection] Subsection 1 of

113-9   NRS 616C.235,

113-10  and what type of compensation was provided for the claim.

113-11          3.  The administrator shall require information provided pursuant

113-12   to subsection 2 to be submitted:

113-13          (a) In a format that is consistent with nationally recognized

113-14   standards for the reporting of data regarding industrial insurance; and

113-15          (b) Electronically or in another medium approved by the

113-16   administrator.

113-17          4.  The administrator shall ensure that the requirement for an

113-18   insurer to provide information pursuant to subsection 2 is

113-19   administered in a fair and equal manner so that an insurer is not

113-20   required to provide more or a different type of information than

113-21   another insurer similarly situated.

113-22          5.  The provisions of this section do not prevent the administrator

113-23   from:

113-24          (a) Conducting audits pursuant to the provisions of NRS 616B.003

113-25   and collecting information from such audits;

113-26          (b) Receiving and collecting information from the reports that

113-27   insurers must submit to the administrator pursuant to the provisions

113-28   of NRS 616B.009;

113-29          (c) Investigating alleged violations of the provisions of chapters

113-30   616A to 617, inclusive, of NRS; or

113-31          (d) Enforcing the provisions of chapters 616A to 617, inclusive, of

113-32   NRS.

113-33          6.  If an employee files a claim with an insurer, the insurer is

113-34   entitled to receive from the administrator a list of the prior claims of

113-35   the employee. If the insurer desires to inspect the files related to the

113-36   prior claims, he must obtain the written consent of the employee.

113-37          7.  Any information obtained from the index of claims may be

113-38   admitted into evidence in any hearing before an appeals officer, a

113-39   hearing officer or the administrator.

113-40          8.  The division may assess and collect a reasonable fee for its

113-41   services provided pursuant to this section. The fee must be payable

113-42   monthly or at such other intervals as determined by the administrator.

113-43          9.  If the administrator determines that an insurer has intentionally

113-44   failed to provide the information required by subsection 2, the

113-45   administrator shall impose an administrative fine of $1,000 for the

113-46   initial violation, and a fine of $2,000 for a second or subsequent

113-47   violation.

113-48          10.  As used in this section, “tax identification number” means the

113-49   number assigned by the Internal Revenue Service of the United States

113-50   Department of the Treasury for identification.

114-1  Sec. 81.  Section 11 of chapter 391, Statutes of Nevada 1999, at page

114-2  1858, is hereby amended to read as follows:

114-3           Sec. 11.  NRS 477.030 is hereby amended to read as follows:

114-4           477.030  1.  Except as otherwise provided in this section, the

114-5   state fire marshal shall enforce all laws and adopt regulations relating

114-6   to:

114-7           (a) The prevention of fire.

114-8           (b) The storage and use of [combustibles,] :

114-9                     (1) Combustibles, flammables and fireworks[.

114-10          (c) The storage and use of explosives] ; and

114-11                    (2) Explosives in any commercial construction, but not in mining

114-12   or the control of avalanches[.

114-13          (d)] ,

114-14  under those circumstances that are not otherwise regulated by the

114-15   division of industrial relations of the department of business and

114-16   industry pursuant to section 2 of this act.

114-17          (c) The safety, access, means and adequacy of exit in case of fire

114-18   from mental and penal institutions, facilities for the care of children,

114-19   foster homes, residential facilities for groups, facilities for

114-20   intermediate care, nursing homes, hospitals, schools, all buildings,

114-21   except private residences, which are occupied for sleeping purposes,

114-22   buildings used for public assembly and all other buildings where

114-23   large numbers of persons work, live or congregate for any purpose.

114-24   As used in this paragraph, “public assembly” means a building or a

114-25   portion of a building used for the gathering together of 50 or more

114-26   persons for purposes of deliberation, education, instruction, worship,

114-27   entertainment, amusement or awaiting transportation, or the gathering

114-28   together of 100 or more persons in establishments for drinking or

114-29   dining.

114-30          [(e)] (d) The suppression and punishment of arson and fraudulent

114-31   claims or practices in connection with fire losses.

114-32  The regulations of the state fire marshal apply throughout the state,

114-33   but, except with respect to state-owned or state-occupied buildings,

114-34   his authority to enforce them or conduct investigations under this

114-35   chapter does not extend to a county whose population is 50,000 or

114-36   more or which has been converted into a consolidated municipality,

114-37   except in those local jurisdictions in those counties where he is

114-38   requested to exercise that authority by the chief officer of the

114-39   organized fire department of that jurisdiction.

114-40          2.  The state fire marshal may set standards for equipment and

114-41   appliances pertaining to fire safety or to be used for fire protection

114-42   within this state, including the threads used on fire hose couplings

114-43   and hydrant fittings.

114-44          3.  The state fire marshal shall cooperate with the state forester

114-45   firewarden in the preparation of regulations relating to standards for

114-46   fire retardant roofing materials pursuant to paragraph (e) of

114-47   subsection 1 of NRS 472.040.

115-1           4.  The state fire marshal shall cooperate with the division of child

115-2  and family services of the department of human resources in

115-3   establishing reasonable minimum standards for overseeing the safety

115-4   of and directing the means and adequacy of exit in case of fire from

115-5   family foster homes and group foster homes.

115-6           5.  The state fire marshal shall coordinate all activities conducted

115-7   pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute

115-8   money allocated by the United States pursuant to that act.

115-9           6.  Except as otherwise provided in subsection 10, the state fire

115-10   marshal shall:

115-11          (a) Investigate any fire which occurs in a county other than one

115-12   whose population is 50,000 or more or which has been converted into

115-13   a consolidated municipality, and from which a death results or which

115-14   is of a suspicious nature.

115-15          (b) Investigate any fire which occurs in a county whose population

115-16   is 50,000 or more or which has been converted into a consolidated

115-17   municipality, and from which a death results or which is of a

115-18   suspicious nature, if requested to do so by the chief officer of the fire

115-19   department in whose jurisdiction the fire occurs.

115-20          (c) Cooperate with the commissioner of insurance in any

115-21   investigation of a fraudulent claim under an insurance policy for any

115-22   fire of a suspicious nature.

115-23          (d) Cooperate with any local fire department in the investigation of

115-24   any report received pursuant to NRS 629.045.

115-25          (e) Provide specialized training in investigating the causes of fires

115-26   if requested to do so by the chief officer of an organized fire

115-27   department.

115-28          7.  The state fire marshal shall put the National Fire Incident

115-29   Reporting System into effect throughout the state and publish at least

115-30   annually a summary of data collected under the system.

115-31          8.  The state fire marshal shall provide assistance and materials to

115-32   local authorities, upon request, for the establishment of programs for

115-33   public education and other fire prevention activities.

115-34          9.  The state fire marshal shall:

115-35          (a) Assist in checking plans and specifications for construction;

115-36          (b) Provide specialized training to local fire departments; and

115-37          (c) Assist local governments in drafting regulations and

115-38   ordinances,

115-39  on request or as he deems necessary.

115-40          10.  In a county other than one whose population is 50,000 or

115-41   more or which has been converted into a consolidated municipality,

115-42   the state fire marshal shall, upon request by a local government,

115-43   delegate to the local government by interlocal agreement all or a

115-44   portion of his authority or duties if the local government’s personnel

115-45   and programs are, as determined by the state fire marshal, equally

115-46   qualified to perform those functions. If a local government fails to

115-47   maintain the qualified personnel and programs in accordance with

115-48   such an agreement, the state fire marshal shall revoke the agreement.

116-1  Sec. 82.  1.  Sections 13, 16, 24, 25 and 42 of chapter 394, Statutes of

116-2  Nevada 1999, at pages 1876, 1878, 1882, 1884 and 1892, respectively, are

116-3   hereby amended to read respectively as follows:

116-4           Sec. 13.  NRS 458.400 is hereby amended to read as follows:

116-5  458.400  1.  The commission may accept gifts, grants,

116-6   appropriations and donations if its acceptance does not reduce, limit

116-7   or cause it to be in competition for money normally available to local

116-8   agencies and community programs, unless otherwise provided by a

116-9   specific statute.

116-10     2.  All money received by the commission must be deposited in

116-11   the fund for substance abuse education, prevention, enforcement and

116-12   treatment which is hereby created as a special revenue fund.

116-13     3.  The money in the fund may be used only to:

116-14     (a) Make grants pursuant to subsection 5 of NRS 458.420; and

116-15     (b) Carry out the provisions of NRS 458.370 to 458.420, inclusive

116-16   [.] , and sections 7 and 8 of this act.

116-17     4.  All claims against the fund must be paid as other claims against

116-18   the state are paid.

116-19     5.  Any money received by the commission on the condition that it

116-20   be expended for a specific purpose must be accounted for separately

116-21   in the fund.

116-22          Sec. 16.  NRS 62.2275 is hereby amended to read as follows:

116-23     62.2275  1.  If a child within the jurisdiction of the juvenile court

116-24   is found by the juvenile court to have committed:

116-25     (a) An unlawful act in violation of NRS 484.379 or 484.3795;

116-26     (b) The unlawful act of using, possessing, selling or distributing a

116-27   controlled substance; or

116-28     (c) The unlawful act of purchasing, consuming or possessing an

116-29   alcoholic beverage in violation of NRS 202.020,

116-30  the judge, or his authorized representative, shall require the child to

116-31   undergo an evaluation to determine if the child is an abuser of alcohol

116-32   or other drugs.

116-33     2.  The evaluation of a child pursuant to this section:

116-34     (a) Must be conducted by:

116-35          (1) A counselor certified to make that classification by the

116-36   bureau of alcohol and drug abuse;

116-37          (2) A physician certified to make that classification by the board

116-38   of medical examiners; or

116-39          (3) A person who is approved to make that classification by the

116-40   bureau of alcohol and drug abuse,

116-41  who shall report to the judge the results of the evaluation and make a

116-42   recommendation to the judge concerning the length and type of

116-43   treatment required by the child.

116-44     (b) May be conducted at an evaluation center.

116-45     3.  The judge shall:

116-46     (a) Order the child to undergo a program of treatment as

116-47   recommended by the person who conducted the evaluation pursuant

116-48   to subsection 2.

116-49     (b) Require the treatment facility to submit monthly reports on the

116-50   treatment of the child pursuant to this section.

117-1  (c) Order the child, if he is at least 18 years of age or an

117-2  emancipated minor, or the parent or legal guardian of the child, to the

117-3   extent of the financial resources of the child or his parent or legal

117-4   guardian, to pay any charges relating to the evaluation and treatment

117-5   of the child pursuant to this section. If the child, or his parent or legal

117-6   guardian, does not have the financial resources to pay all those

117-7   charges:

117-8     (1) The judge shall, to the extent possible, arrange for the child

117-9   to receive treatment from a treatment facility which receives a

117-10   sufficient amount of federal or state money to offset the remainder of

117-11   the costs; and

117-12          (2) The judge may order the child to perform supervised work

117-13   for the benefit of the community in lieu of paying the charges relating

117-14   to his evaluation and treatment. The work must be performed for and

117-15   under the supervising authority of a county, city, town or other

117-16   political subdivision or agency of the State of Nevada or a charitable

117-17   organization that renders service to the community or its residents.

117-18   The court may require the child or his parent or legal guardian to

117-19   deposit with the court a reasonable sum of money to pay for the cost

117-20   of policies of insurance against liability for personal injury and

117-21   damage to property or for industrial insurance, or both, during those

117-22   periods in which the child performs the work, unless, in the case of

117-23   industrial insurance, it is provided by the authority for which he

117-24   performs the work.

117-25     4.  A treatment facility is not liable for any damages to person or

117-26   property caused by a child who:

117-27     (a) Drives, operates or is in actual physical control of a vehicle or a

117-28   vessel under power or sail while under the influence of intoxicating

117-29   liquor or a controlled substance; or

117-30     (b) Engages in any other conduct prohibited by NRS 484.379,

117-31   484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or

117-32   a law of any other jurisdiction that prohibits the same or similar

117-33   conduct,

117-34  after the treatment facility has certified to his successful completion of

117-35   a program of treatment ordered pursuant to this section.

117-36     5.  The provisions of this section do not prohibit a judge from:

117-37     (a) Requiring an evaluation to be conducted by a person who is

117-38   employed by a private company if the company meets the standards

117-39   of the bureau of alcohol and drug abuse. Such an evaluation may be

117-40   conducted at an evaluation center pursuant to paragraph (b) of

117-41   subsection 2.

117-42     (b) Ordering the child to attend a program of treatment which is

117-43   administered by a private company.

117-44     6.  All information relating to the evaluation or treatment of a

117-45   child pursuant to this section is confidential and, except as otherwise

117-46   authorized by the provisions of this chapter or the juvenile court,

117-47   must not be disclosed to any person other than the juvenile court, the

117-48   child and his attorney, if any, his parents or guardian, the prosecuting

117-49   attorney and any other person for whom the communication of that

117-50   information is necessary to effectuate the evaluation or treatment of

118-1  the child. A record of any finding that a child has violated the

118-2  provisions of NRS 484.379 or 484.3795 must be included in the

118-3   driver’s record of that child for 7 years after the date of the offense.

118-4  7.  As used in this section:

118-5  (a) “Bureau of alcohol and drug abuse” means the bureau of

118-6   alcohol and drug abuse in [the rehabilitation division of] the

118-7   department of [employment, training and rehabilitation.] human

118-8   resources.

118-9  (b) “Evaluation center” has the meaning ascribed to it in NRS

118-10   484.3793.

118-11          (c) “Treatment facility” has the meaning ascribed to it in NRS

118-12   484.3793.

118-13          Sec. 24.  NRS 484.37937 is hereby amended to read as follows:

118-14          484.37937  1.  Except as otherwise provided in subsection 2, a

118-15   person who is found guilty of a first violation of NRS 484.379 may,

118-16   at that time or any time before he is sentenced, apply to the court to

118-17   undergo a program of treatment for alcoholism or drug abuse which

118-18   is certified by the bureau of alcohol and drug abuse [of the

118-19   rehabilitation division of] in the department of [employment, training

118-20   and rehabilitation] human resources for at least 6 months. The court

118-21   shall authorize such treatment if:

118-22          (a) The person is diagnosed as an alcoholic or abuser of drugs by a:

118-23                    (1) Counselor or other person certified to make that diagnosis by

118-24   the bureau of alcohol and drug abuse [of the rehabilitation division

118-25   of]in the department of [employment, training and rehabilitation;]

118-26   human resources; or

118-27                    (2) Physician certified to make that diagnosis by the board of

118-28   medical examiners;

118-29          (b) He agrees to pay the cost of the treatment to the extent of his

118-30   financial resources; and

118-31          (c) He has served or will serve a term of imprisonment in jail of 1

118-32   day, or has performed or will perform 48 hours of work for the

118-33   community.

118-34          2.  A person may not apply to the court to undergo a program of

118-35   treatment pursuant to subsection 1 if, within the immediately

118-36   preceding 7 years, he has been found guilty of:

118-37          (a) A violation of NRS 484.3795;

118-38          (b) A homicide resulting from driving or being in actual physical

118-39   control of a vehicle while under the influence of intoxicating liquor

118-40   or a controlled substance or resulting from any other conduct

118-41   prohibited by NRS 484.379 or 484.3795; or

118-42          (c) A violation of a law of any other jurisdiction that prohibits the

118-43   same or similar conduct as set forth in paragraph (a) or (b).

118-44          3.  For the purposes of subsection 1, a violation of a law of any

118-45   other jurisdiction that prohibits the same or similar conduct as NRS

118-46   484.379 constitutes a violation of NRS 484.379.

118-47          4.  A prosecuting attorney may, within 10 days after receiving

118-48   notice of an application for treatment pursuant to this section, request

118-49   a hearing on the question of whether the offender is eligible to

118-50   undergo a program of treatment for alcoholism or drug abuse. The

119-1  court shall order a hearing on the application upon the request of the

119-2  prosecuting attorney or may order a hearing on its own motion. The

119-3   hearing must be limited to the question of whether the offender is

119-4   eligible to undergo such a program of treatment.

119-5           5.  At the hearing on the application for treatment, the prosecuting

119-6   attorney may present the court with any relevant evidence on the

119-7   matter. If a hearing is not held, the court shall decide the matter upon

119-8   affidavits and other information before the court.

119-9           6.  If the court grants an application for treatment, the court shall:

119-10          (a) Immediately sentence the offender and enter judgment

119-11   accordingly.

119-12          (b) Suspend the sentence of the offender for not more than 3 years

119-13   upon the condition that the offender be accepted for treatment by a

119-14   treatment facility, that he complete the treatment satisfactorily and

119-15   that he comply with any other condition ordered by the court.

119-16          (c) Advise the offender that:

119-17                    (1) If he is accepted for treatment by such a facility, he may be

119-18   placed under the supervision of the facility for a period not to exceed

119-19   3 years and during treatment he may be confined in an institution or,

119-20   at the discretion of the facility, released for treatment or supervised

119-21   aftercare in the community.

119-22                    (2) If he is not accepted for treatment by such a facility or he fails

119-23   to complete the treatment satisfactorily, he shall serve the sentence

119-24   imposed by the court. Any sentence of imprisonment must be

119-25   reduced by a time equal to that which he served before beginning

119-26   treatment.

119-27                    (3) If he completes the treatment satisfactorily, his sentence will

119-28   be reduced to a term of imprisonment which is no longer than that

119-29   provided for the offense in paragraph (c) of subsection 1 and a fine of

119-30   not more than the minimum fine provided for the offense in NRS

119-31   484.3792, but the conviction must remain on his record of criminal

119-32   history.

119-33          7.  The court shall administer the program of treatment pursuant to

119-34   the procedures provided in NRS 458.320 and 458.330, except that the

119-35   court:

119-36          (a) Shall not defer the sentence, set aside the conviction or impose

119-37   conditions upon the election of treatment except as otherwise

119-38   provided in this section.

119-39          (b) May immediately revoke the suspension of sentence for a

119-40   violation of any condition of the suspension.

119-41          8.  The court shall notify the department, on a form approved by

119-42   the department, upon granting the application of the offender for

119-43   treatment and his failure to be accepted for or complete treatment.

119-44          Sec. 25.  NRS 484.3794 is hereby amended to read as follows:

119-45          484.3794  1.  Except as otherwise provided in subsection 2, a

119-46   person who is found guilty of a second violation of NRS 484.379

119-47   within 7 years may, at that time or any time before he is sentenced,

119-48   apply to the court to undergo a program of treatment for alcoholism

119-49   or drug abuse which is certified by the bureau of alcohol and drug

119-50   abuse [of the rehabilitation division of] in the department of

119-51   [employment, training and rehabilitation] human resources for at

119-52   least 1 year if:

120-1           (a) He is diagnosed as an alcoholic or abuser of drugs by a:

120-2                     (1) Counselor or other person certified to make that diagnosis by

120-3   the bureau of alcohol and drug abuse [of the rehabilitation division

120-4   of] in the department of [employment, training and rehabilitation;]

120-5   human resources; or

120-6                     (2) Physician certified to make that diagnosis by the board of

120-7   medical examiners;

120-8           (b) He agrees to pay the costs of the treatment to the extent of his

120-9   financial resources; and

120-10          (c) He has served or will serve a term of imprisonment in jail of 5

120-11   days, and if required pursuant to NRS 484.3792, has performed or

120-12   will perform not less than 50 hours, but not more than 100 hours, of

120-13   work for the community.

120-14          2.  A person may not apply to the court to undergo a program of

120-15   treatment pursuant to subsection 1 if, within the immediately

120-16   preceding 7 years, he has been found guilty of:

120-17          (a) A violation of NRS 484.3795;

120-18          (b) A homicide resulting from driving or being in actual physical

120-19   control of a vehicle while under the influence of intoxicating liquor

120-20   or a controlled substance or resulting from any other conduct

120-21   prohibited by NRS 484.379 or 484.3795; or

120-22          (c) A violation of a law of any other jurisdiction that prohibits the

120-23   same or similar conduct as set forth in paragraph (a) or (b).

120-24          3.  For the purposes of subsection 1, a violation of a law of any

120-25   other jurisdiction that prohibits the same or similar conduct as NRS

120-26   484.379 constitutes a violation of NRS 484.379.

120-27          4.  A prosecuting attorney may, within 10 days after receiving

120-28   notice of an application for treatment pursuant to this section, request

120-29   a hearing on the matter. The court shall order a hearing on the

120-30   application upon the request of the prosecuting attorney or may order

120-31   a hearing on its own motion.

120-32          5.  At the hearing on the application for treatment, the prosecuting

120-33   attorney may present the court with any relevant evidence on the

120-34   matter. If a hearing is not held, the court shall decide the matter upon

120-35   affidavits and other information before the court.

120-36          6.  If the court determines that an application for treatment should

120-37   be granted, the court shall:

120-38          (a) Immediately sentence the offender and enter judgment

120-39   accordingly.

120-40          (b) Suspend the sentence of the offender for not more than 3 years

120-41   upon the condition that the offender be accepted for treatment by a

120-42   treatment facility, that he complete the treatment satisfactorily and

120-43   that he comply with any other condition ordered by the court.

120-44          (c) Advise the offender that:

120-45                    (1) If he is accepted for treatment by such a facility, he may be

120-46   placed under the supervision of the facility for a period not to exceed

120-47   3 years and during treatment he may be confined in an institution or,

120-48   at the discretion of the facility, released for treatment or supervised

120-49   aftercare in the community.

121-1                     (2) If he is not accepted for treatment by such a facility or he fails

121-2  to complete the treatment satisfactorily, he shall serve the sentence

121-3   imposed by the court. Any sentence of imprisonment must be

121-4   reduced by a time equal to that which he served before beginning

121-5   treatment.

121-6                     (3) If he completes the treatment satisfactorily, his sentence will

121-7   be reduced to a term of imprisonment which is no longer than that

121-8   provided for the offense in paragraph (c) of subsection 1 and a fine of

121-9   not more than the minimum provided for the offense in NRS

121-10   484.3792, but the conviction must remain on his record of criminal

121-11   history.

121-12          7.  The court shall administer the program of treatment pursuant to

121-13   the procedures provided in NRS 458.320 and 458.330, except that the

121-14   court:

121-15          (a) Shall not defer the sentence, set aside the conviction or impose

121-16   conditions upon the election of treatment except as otherwise

121-17   provided in this section.

121-18          (b) May immediately revoke the suspension of sentence for a

121-19   violation of a condition of the suspension.

121-20          8.  The court shall notify the department, on a form approved by

121-21   the department, upon granting the application of the offender for

121-22   treatment and his failure to be accepted for or complete treatment.

121-23          Sec. 42.  1.  This section and sections 1 to 12, inclusive, 14 to

121-24   41, inclusive, and 43 of this act [becomes] become effective on
July 1, 1999.

121-25          2.  Section 13 of this act becomes effective at 12:01 a.m. on
July 1, 1999.

121-26     2.  Chapter 394, Statutes of Nevada 1999, at page 1876, is hereby

121-27   amended by adding thereto new sections to be designated as sections 10.1

121-28   and 10.2, immediately following section 10, to read respectively as

121-29   follows:

121-30          Sec. 10.1.  NRS 458.026 is hereby amended to read as follows:

121-31          458.026  1.  An applicant for the issuance or renewal of his

121-32   certification as personnel of an alcohol or drug abuse program or a

121-33   facility shall submit to the bureau the statement prescribed by the

121-34   welfare division of the department of human resources pursuant to

121-35   NRS 425.520. The statement must be completed and signed by the

121-36   applicant.

121-37          2.  The bureau shall include the statement required pursuant to

121-38   subsection 1 in:

121-39          (a) The application or any other forms that must be submitted for

121-40   the issuance or renewal of the certification; or

121-41          (b) A separate form prescribed by the bureau.

121-42          3.  The certification of a person as personnel of an alcohol or drug

121-43   abuse program or a facility may not be issued or renewed by the

121-44   bureau if the applicant:

121-45          (a) Fails to complete or submit the statement required pursuant to

121-46   subsection 1; or

121-47          (b) Indicates on the statement submitted pursuant to subsection 1

121-48   that he is subject to a court order for the support of a child and is not

121-49   in compliance with the order or a plan approved by the district

122-1  attorney or other public agency enforcing the order for the repayment

122-2  of the amount owed pursuant to the order.

122-3           4.  If an applicant indicates on the statement submitted pursuant to

122-4   subsection 1 that he is subject to a court order for the support of a

122-5   child and is not in compliance with the order or a plan approved by

122-6   the district attorney or other public agency enforcing the order for the

122-7   repayment of the amount owed pursuant to the order, the

122-8   [administrator] director shall advise the applicant to contact the

122-9   district attorney or other public agency enforcing the order to

122-10   determine the actions that the applicant may take to satisfy the

122-11   arrearage.

122-12          Sec. 10.2.  NRS 458.043 is hereby amended to read as follows:

122-13          458.043  As executive head of the bureau, the chief shall:

122-14          1.  Direct and supervise all administrative and technical activities

122-15   as provided by NRS 458.010 to 458.360, inclusive, subject to

122-16   administrative supervision by the [administrator of the rehabilitation

122-17   division of the department.] director.

122-18          2.  Subject to the approval of the [administrator of the

122-19   rehabilitation division of the department,] director, appoint such

122-20   technical, clerical and operational staff as the execution of his duties

122-21   and the operation of the bureau may require.

122-22     3.  Chapter 394, Statutes of Nevada 1999, at page 1891, is hereby

122-23   amended by adding thereto new sections to be designated as sections 36.1

122-24   and 36.2, immediately following section 36, to read respectively as

122-25   follows:

122-26          Sec. 36.1.  Section 11 of chapter 305, Statutes of Nevada 1999, at

122-27   page 1268, is hereby amended to read as follows:

122-28        Sec. 11.  NRS 458.026 is hereby amended to read as follows:

122-29        458.026  1.  An applicant for the issuance or renewal of his

122-30   certification as personnel of an alcohol or drug abuse program or a

122-31   facility , or as the operator of a halfway house for alcohol and

122-32   drug abusers, shall submit to the bureau the statement prescribed

122-33   by the welfare division of the department of human resources

122-34   pursuant to NRS 425.520. The statement must be completed and

122-35   signed by the applicant.

122-36        2.  The bureau shall include the statement required pursuant to

122-37   subsection 1 in:

122-38        (a) The application or any other forms that must be submitted

122-39   for the issuance or renewal of the certification; or

122-40        (b) A separate form prescribed by the bureau.

122-41        3.  The certification of a person as personnel of an alcohol or

122-42   drug abuse program or a facility , or as the operator of a halfway

122-43   house for alcohol and drug abusers, may not be issued or

122-44   renewed by the bureau if the applicant:

122-45        (a) Fails to complete or submit the statement required pursuant

122-46   to subsection 1; or

122-47        (b) Indicates on the statement submitted pursuant to subsection 1

122-48   that he is subject to a court order for the support of a child and is

122-49   not in compliance with the order or a plan approved by the district

123-1  attorney or other public agency enforcing the order for the

123-2  repayment of the amount owed pursuant to the order.

123-3  4.  If an applicant indicates on the statement submitted pursuant

123-4   to subsection 1 that he is subject to a court order for the support of

123-5   a child and is not in compliance with the order or a plan approved

123-6   by the district attorney or other public agency enforcing the order

123-7   for the repayment of the amount owed pursuant to the order, the

123-8   director shall advise the applicant to contact the district attorney or

123-9   other public agency enforcing the order to determine the actions

123-10   that the applicant may take to satisfy the arrearage.

123-11     Sec. 36.2.  Sections 50, 58.2, 61, 67 and 68 of chapter 574,

123-12   Statutes of Nevada 1999, at pages 3061, 3067, 3069, 3070 and 3071,

123-13   respectively, are hereby amended to read respectively as follows:

123-14        Sec. 50.  NRS 62.2275 is hereby amended to read as follows:

123-15        62.2275  1.  If a child within the jurisdiction of the juvenile

123-16   court is found by the juvenile court to have committed:

123-17        (a) An unlawful act in violation of NRS 484.379 or 484.3795;

123-18        (b) The unlawful act of using, possessing, selling or distributing

123-19   a controlled substance; or

123-20        (c) The unlawful act of purchasing, consuming or possessing an

123-21   alcoholic beverage in violation of NRS 202.020,

123-22  the judge, or his authorized representative, shall require the child to

123-23   undergo an evaluation to determine if the child is an abuser of

123-24   alcohol or other drugs.

123-25        2.  The evaluation of a child pursuant to this section:

123-26        (a) Must be conducted by:

123-27                 (1) [A counselor certified] An alcohol and drug abuse

123-28   counselor who is licensed or certified or an alcohol and drug

123-29   abuse counselor intern who is certified pursuant to sections 2 to

123-30   44, inclusive, of this act to make that classification [by the bureau

123-31   of alcohol and drug abuse;] ; or

123-32                 (2) A physician who is certified to make that classification by

123-33   the board of medical examiners , [; or

123-34                 (3) A person who is approved to make that classification by

123-35   the bureau of alcohol and drug abuse,]

123-36  who shall report to the judge the results of the evaluation and make

123-37   a recommendation to the judge concerning the length and type of

123-38   treatment required by the child.

123-39        (b) May be conducted at an evaluation center.

123-40        3.  The judge shall:

123-41        (a) Order the child to undergo a program of treatment as

123-42   recommended by the person who conducted the evaluation

123-43   pursuant to subsection 2.

123-44        (b) Require the treatment facility to submit monthly reports on

123-45   the treatment of the child pursuant to this section.

123-46        (c) Order the child, if he is at least 18 years of age or an

123-47   emancipated minor, or the parent or legal guardian of the child, to

123-48   the extent of the financial resources of the child or his parent or

123-49   legal guardian, to pay any charges relating to the evaluation and

123-50   treatment of the child pursuant to this section. If the child, or his

124-1  parent or legal guardian, does not have the financial resources to

124-2  pay all those charges:

124-3         (1) The judge shall, to the extent possible, arrange for the

124-4   child to receive treatment from a treatment facility which receives

124-5   a sufficient amount of federal or state money to offset the

124-6   remainder of the costs; and

124-7         (2) The judge may order the child to perform supervised work

124-8   for the benefit of the community in lieu of paying the charges

124-9   relating to his evaluation and treatment. The work must be

124-10   performed for and under the supervising authority of a county, city,

124-11   town or other political subdivision or agency of the State of

124-12   Nevada or a charitable organization that renders service to the

124-13   community or its residents. The court may require the child or his

124-14   parent or legal guardian to deposit with the court a reasonable sum

124-15   of money to pay for the cost of policies of insurance against

124-16   liability for personal injury and damage to property or for

124-17   industrial insurance, or both, during those periods in which the

124-18   child performs the work, unless, in the case of industrial insurance,

124-19   it is provided by the authority for which he performs the work.

124-20        4.  A treatment facility is not liable for any damages to person

124-21   or property caused by a child who:

124-22        (a) Drives, operates or is in actual physical control of a vehicle

124-23   or a vessel under power or sail while under the influence of

124-24   intoxicating liquor or a controlled substance; or

124-25        (b) Engages in any other conduct prohibited by NRS 484.379,

124-26   484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420

124-27   or a law of any other jurisdiction that prohibits the same or similar

124-28   conduct,

124-29  after the treatment facility has certified to his successful completion

124-30   of a program of treatment ordered pursuant to this section.

124-31        5.  The provisions of this section do not prohibit a judge from:

124-32        (a) Requiring an evaluation to be conducted by a person who is

124-33   employed by a private company if the company meets the

124-34   standards of the bureau of alcohol and drug abuse. [Such an] The

124-35   evaluation may be conducted at an evaluation center pursuant to

124-36   paragraph (b) of subsection 2.

124-37        (b) Ordering the child to attend a program of treatment which is

124-38   administered by a private company.

124-39        6.  All information relating to the evaluation or treatment of a

124-40   child pursuant to this section is confidential and, except as

124-41   otherwise authorized by the provisions of this chapter or the

124-42   juvenile court, must not be disclosed to any person other than the

124-43   juvenile court, the child and his attorney, if any, his parents or

124-44   guardian, the prosecuting attorney and any other person for whom

124-45   the communication of that information is necessary to effectuate

124-46   the evaluation or treatment of the child. A record of any finding

124-47   that a child has violated the provisions of NRS 484.379 or

124-48   484.3795 must be included in the driver’s record of that child for 7

124-49   years after the date of the offense.

124-50        7.  As used in this section:

125-1  (a) “Bureau of alcohol and drug abuse” means the bureau of

125-2  alcohol and drug abuse in the department of human resources.

125-3  (b) “Evaluation center” has the meaning ascribed to it in NRS

125-4   484.3793.

125-5  (c) “Treatment facility” has the meaning ascribed to it in NRS

125-6   484.3793.

125-7  Sec. 58.2.  NRS 458.026 is hereby amended to read as follows:

125-8  458.026  1.  An applicant for the issuance or renewal of his

125-9   certification as [personnel of an alcohol or drug abuse program or a

125-10   facility,] a detoxification technician or as the operator of a

125-11   halfway house for alcohol and drug abusers[,] shall submit to the

125-12   bureau the statement prescribed by the welfare division of the

125-13   department of human resources pursuant to NRS 425.520. The

125-14   statement must be completed and signed by the applicant.

125-15        2.  The bureau shall include the statement required pursuant to

125-16   subsection 1 in:

125-17        (a) The application or any other forms that must be submitted

125-18   for the issuance or renewal of the certification; or

125-19        (b) A separate form prescribed by the bureau.

125-20        3.  The certification of a person as [personnel of an alcohol or

125-21   drug abuse program or a facility,] a detoxification technician or as

125-22   the operator of a halfway house for alcohol and drug abusers[,]

125-23   may not be issued or renewed by the bureau if the applicant:

125-24        (a) Fails to complete or submit the statement required pursuant

125-25   to subsection 1; or

125-26        (b) Indicates on the statement submitted pursuant to subsection 1

125-27   that he is subject to a court order for the support of a child and is

125-28   not in compliance with the order or a plan approved by the district

125-29   attorney or other public agency enforcing the order for the

125-30   repayment of the amount owed pursuant to the order.

125-31        4.  If an applicant indicates on the statement submitted pursuant

125-32   to subsection 1 that he is subject to a court order for the support of

125-33   a child and is not in compliance with the order or a plan approved

125-34   by the district attorney or other public agency enforcing the order

125-35   for the repayment of the amount owed pursuant to the order, the

125-36   director shall advise the applicant to contact the district attorney or

125-37   other public agency enforcing the order to determine the actions

125-38   that the applicant may take to satisfy the arrearage.

125-39        Sec. 61.  NRS 458.043 is hereby amended to read as follows:

125-40        458.043  As executive head of the bureau, the chief shall:

125-41        1.  Direct and supervise all administrative and technical

125-42   activities as provided by NRS 458.010 to [458.360,] 458.350,

125-43   inclusive, subject to administrative supervision by the director.

125-44        2.  Subject to the approval of the director, appoint such

125-45   technical, clerical and operational staff as the execution of his

125-46   duties and the operation of the bureau may require.

125-47        Sec. 67.  NRS 484.37937 is hereby amended to read as

125-48   follows:

125-49        484.37937  1.  Except as otherwise provided in subsection 2, a

125-50   person who is found guilty of a first violation of NRS 484.379

125-51   may,

126-1  at that time or any time before he is sentenced, apply to the court to

126-2  undergo a program of treatment for alcoholism or drug abuse which

126-3   is certified by the bureau of alcohol and drug abuse in the

126-4   department of human resources for at least 6 months. The court

126-5   shall authorize such treatment if:

126-6  (a) The person is diagnosed as an alcoholic or abuser of drugs by

126-7   [a:

126-8         (1) Counselor or other person certified] :

126-9         (1) An alcohol and drug abuse counselor who is licensed or

126-10   certified pursuant to sections 2 to 44, inclusive, of this act to

126-11   make that diagnosis [by the bureau of alcohol and drug abuse in

126-12   the department of human resources; or

126-13                 (2) Physician] ; or

126-14                 (2) A physician who is certified to make that diagnosis by the

126-15   board of medical examiners;

126-16        (b) He agrees to pay the cost of the treatment to the extent of his

126-17   financial resources; and

126-18        (c) He has served or will serve a term of imprisonment in jail of

126-19   1 day, or has performed or will perform 48 hours of work for the

126-20   community.

126-21        2.  A person may not apply to the court to undergo a program of

126-22   treatment pursuant to subsection 1 if, within the immediately

126-23   preceding 7 years, he has been found guilty of:

126-24        (a) A violation of NRS 484.3795;

126-25        (b) A homicide resulting from driving or being in actual physical

126-26   control of a vehicle while under the influence of intoxicating liquor

126-27   or a controlled substance or resulting from any other conduct

126-28   prohibited by NRS 484.379 or 484.3795; or

126-29        (c) A violation of a law of any other jurisdiction that prohibits

126-30   the same or similar conduct as set forth in paragraph (a) or (b).

126-31        3.  For the purposes of subsection 1, a violation of a law of any

126-32   other jurisdiction that prohibits the same or similar conduct as NRS

126-33   484.379 constitutes a violation of NRS 484.379.

126-34        4.  A prosecuting attorney may, within 10 days after receiving

126-35   notice of an application for treatment pursuant to this section,

126-36   request a hearing on the question of whether the offender is

126-37   eligible to undergo a program of treatment for alcoholism or drug

126-38   abuse. The court shall order a hearing on the application upon the

126-39   request of the prosecuting attorney or may order a hearing on its

126-40   own motion. The hearing must be limited to the question of

126-41   whether the offender is eligible to undergo such a program of

126-42   treatment.

126-43        5.  At the hearing on the application for treatment, the

126-44   prosecuting attorney may present the court with any relevant

126-45   evidence on the matter. If a hearing is not held, the court shall

126-46   decide the matter upon affidavits and other information before the

126-47   court.

126-48        6.  If the court grants an application for treatment, the court

126-49   shall:

126-50        (a) Immediately sentence the offender and enter judgment

126-51   accordingly.

127-1  (b) Suspend the sentence of the offender for not more than 3

127-2  years upon the condition that the offender be accepted for treatment

127-3   by a treatment facility, that he complete the treatment satisfactorily

127-4   and that he comply with any other condition ordered by the court.

127-5  (c) Advise the offender that:

127-6         (1) If he is accepted for treatment by such a facility, he may

127-7   be placed under the supervision of the facility for a period not to

127-8   exceed 3 years and during treatment he may be confined in an

127-9   institution or, at the discretion of the facility, released for treatment

127-10   or supervised aftercare in the community.

127-11                 (2) If he is not accepted for treatment by such a facility or he

127-12   fails to complete the treatment satisfactorily, he shall serve the

127-13   sentence imposed by the court. Any sentence of imprisonment

127-14   must be reduced by a time equal to that which he served before

127-15   beginning treatment.

127-16                 (3) If he completes the treatment satisfactorily, his sentence

127-17   will be reduced to a term of imprisonment which is no longer than

127-18   that provided for the offense in paragraph (c) of subsection 1 and a

127-19   fine of not more than the minimum fine provided for the offense in

127-20   NRS 484.3792, but the conviction must remain on his record of

127-21   criminal history.

127-22        7.  The court shall administer the program of treatment pursuant

127-23   to the procedures provided in NRS 458.320 and 458.330, except

127-24   that the court:

127-25        (a) Shall not defer the sentence, set aside the conviction or

127-26   impose conditions upon the election of treatment except as

127-27   otherwise provided in this section.

127-28        (b) May immediately revoke the suspension of sentence for a

127-29   violation of any condition of the suspension.

127-30        8.  The court shall notify the department, on a form approved by

127-31   the department, upon granting the application of the offender for

127-32   treatment and his failure to be accepted for or complete treatment.

127-33        Sec. 68.  NRS 484.3794 is hereby amended to read as follows:

127-34        484.3794  1.  Except as otherwise provided in subsection 2, a

127-35   person who is found guilty of a second violation of NRS 484.379

127-36   within 7 years may, at that time or any time before he is sentenced,

127-37   apply to the court to undergo a program of treatment for

127-38   alcoholism or drug abuse which is certified by the bureau of

127-39   alcohol and drug abuse in the department of human resources for at

127-40   least 1 year if:

127-41        (a) He is diagnosed as an alcoholic or abuser of drugs by [a:

127-42                 (1) Counselor or other person certified] :

127-43                 (1) An alcohol and drug abuse counselor who is licensed or

127-44   certified pursuant to sections 2 to 44, inclusive, of this act to

127-45   make that diagnosis [by the bureau of alcohol and drug abuse in

127-46   the department of human resources; or

127-47                 (2) Physician] ; or

127-48                 (2) A physician who is certified to make that diagnosis by the

127-49   board of medical examiners;

127-50        (b) He agrees to pay the costs of the treatment to the extent of

127-51   his financial resources; and

128-1  (c) He has served or will serve a term of imprisonment in jail of

128-2  5 days, and if required pursuant to NRS 484.3792, has performed or

128-3   will perform not less than 50 hours, but not more than 100 hours,

128-4   of work for the community.

128-5  2.  A person may not apply to the court to undergo a program of

128-6   treatment pursuant to subsection 1 if, within the immediately

128-7   preceding 7 years, he has been found guilty of:

128-8  (a) A violation of NRS 484.3795;

128-9  (b) A homicide resulting from driving or being in actual physical

128-10   control of a vehicle while under the influence of intoxicating liquor

128-11   or a controlled substance or resulting from any other conduct

128-12   prohibited by NRS 484.379 or 484.3795; or

128-13        (c) A violation of a law of any other jurisdiction that prohibits

128-14   the same or similar conduct as set forth in paragraph (a) or (b).

128-15        3.  For the purposes of subsection 1, a violation of a law of any

128-16   other jurisdiction that prohibits the same or similar conduct as NRS

128-17   484.379 constitutes a violation of NRS 484.379.

128-18        4.  A prosecuting attorney may, within 10 days after receiving

128-19   notice of an application for treatment pursuant to this section,

128-20   request a hearing on the matter. The court shall order a hearing on

128-21   the application upon the request of the prosecuting attorney or may

128-22   order a hearing on its own motion.

128-23        5.  At the hearing on the application for treatment, the

128-24   prosecuting attorney may present the court with any relevant

128-25   evidence on the matter. If a hearing is not held, the court shall

128-26   decide the matter upon affidavits and other information before the

128-27   court.

128-28        6.  If the court determines that an application for treatment

128-29   should be granted, the court shall:

128-30        (a) Immediately sentence the offender and enter judgment

128-31   accordingly.

128-32        (b) Suspend the sentence of the offender for not more than 3

128-33   years upon the condition that the offender be accepted for

128-34   treatment by a treatment facility, that he complete the treatment

128-35   satisfactorily and that he comply with any other condition ordered

128-36   by the court.

128-37        (c) Advise the offender that:

128-38                 (1) If he is accepted for treatment by such a facility, he may

128-39   be placed under the supervision of the facility for a period not to

128-40   exceed 3 years and during treatment he may be confined in an

128-41   institution or, at the discretion of the facility, released for treatment

128-42   or supervised aftercare in the community.

128-43                 (2) If he is not accepted for treatment by such a facility or he

128-44   fails to complete the treatment satisfactorily, he shall serve the

128-45   sentence imposed by the court. Any sentence of imprisonment

128-46   must be reduced by a time equal to that which he served before

128-47   beginning treatment.

128-48                 (3) If he completes the treatment satisfactorily, his sentence

128-49   will be reduced to a term of imprisonment which is no longer than

128-50   that provided for the offense in paragraph (c) of subsection 1 and a

128-51   fine of not more than the minimum provided for the offense in

128-52   NRS

129-1  484.3792, but the conviction must remain on his record of criminal

129-2  history.

129-3  7.  The court shall administer the program of treatment pursuant

129-4   to the procedures provided in NRS 458.320 and 458.330, except

129-5   that the court:

129-6  (a) Shall not defer the sentence, set aside the conviction or

129-7   impose conditions upon the election of treatment except as

129-8   otherwise provided in this section.

129-9  (b) May immediately revoke the suspension of sentence for a

129-10   violation of a condition of the suspension.

129-11        8.  The court shall notify the department, on a form approved by

129-12   the department, upon granting the application of the offender for

129-13   treatment and his failure to be accepted for or complete treatment.

129-14     Sec. 83.  1.  Sections 15 and 18 of chapter 395, Statutes of Nevada

129-15   1999, at page 1900, are hereby amended to read respectively as follows:

129-16     Sec. 15.  Section 31 of chapter 390, Statutes of Nevada 1997, at

129-17   page 1377, as amended by section 29 of chapter 105, Statutes of

129-18   Nevada 1999, at page 436, is hereby amended to read as follows:

129-19        Sec. 31.  1.  This section and sections 1 to 10, inclusive, 13 to

129-20   26, inclusive, and 27 to 30, inclusive, of this act become effective

129-21   upon passage and approval.

129-22        2.  Sections 11 and 12 of this act become effective upon passage

129-23   and approval for the purpose of appointing members to the

129-24   advisory board on the repair of motor vehicles and on July 1, 1997,

129-25   for all other purposes, and expire by limitation on [July 1, 1999.]

129-26   June 30, 2001.

129-27        3.  Section 26.1 of this act becomes effective on July [2, 1999.]

129-28   1, 2001.

129-29     Sec. 18.  1.  This section and sections 15 and 16 of this act

129-30   become effective upon passage and approval.

129-31     2.  Sections 1 to [10,] 8, inclusive, 12, 13[, 14] and 17 of this act

129-32   become effective on October 1, 1999.

129-33     3.  [Section] Sections 9, 10 and 14 of this act become effective on

129-34   October 1, 1999, and expire by limitation on June 30, 2001.

129-35     4.  Sections 9.1 and 11 of this act [becomes] become effective at

129-36   12:01 a.m. on July 1, 2001.

129-37     2.  Chapter 395, Statutes of Nevada 1999, at page 1897, is hereby

129-38   amended by adding thereto a new section to be designated as section 9.1,

129-39   immediately following section 9, to read as follows:

129-40     Sec. 9.1.  NRS 487.530 is hereby amended to read as follows:

129-41     487.530  As used in NRS 487.530 to 487.570, inclusive, and

129-42   sections 6, 7 and 8 of this act, unless the context otherwise requires,

129-43   the words and terms defined in NRS 487.535 to 487.550, inclusive,

129-44   have the meanings ascribed to them in those sections.

129-45     Sec. 84.  Section 1 of chapter 421, Statutes of Nevada 1999, at page

129-46   1965, is hereby amended to read as follows:

129-47     Section 1.  Chapter 391 of NRS is hereby amended by adding

129-48   thereto a new section to read as follows:

129-49     1.  Except as otherwise provided in subsection 3 of this section

129-50   and except as otherwise required as a result of NRS 286.537, the

130-1  board of trustees of a school district shall pay the cost for a licensed

130-2  teacher to purchase one-fifth of a year of service pursuant to

130-3   subsection 2 of NRS 286.300 if:

130-4  (a) The teacher is a member of the public employees’ retirement

130-5   system and has at least 5 years of service;

130-6  (b) The teacher has been employed as a licensed teacher in this

130-7   state for at least 5 consecutive school years, regardless of whether

130-8   the employment was with one or more school districts in this state;

130-9  (c) Each evaluation of the teacher conducted pursuant to NRS

130-10   391.3125 is at least satisfactory for the years of employment

130-11   required by paragraph (b); and

130-12     (d) In addition to the years of employment required by paragraph

130-13   (b), the teacher has been employed as a licensed teacher for 1

130-14   school year at a school within the school district which, for that

130-15   school year, carries the designation of demonstrating need for

130-16   improvement pursuant to NRS 385.367.

130-17     2.  Except as otherwise provided in subsection 3, the board of

130-18   trustees of a school district shall pay the cost for a licensed teacher

130-19   to purchase one-fifth of a year of service for each year that a

130-20   teacher is employed as a teacher at a school within the school

130-21   district that is described in paragraph (d) of subsection 1.

130-22     3.  In no event may the years of service purchased by a licensed

130-23   teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.

130-24     4.  The board of trustees of a school district shall not:

130-25     (a) Assign or reassign a licensed teacher to circumvent the

130-26   requirements of this section.

130-27     (b) Include, as part of a teacher’s salary, the costs of paying the

130-28   teacher to purchase service pursuant to this section.

130-29     5.  As used in this section, “service” has the meaning ascribed to

130-30   it in NRS 286.078.

130-31     Sec. 85.  Section 21 of chapter 423, Statutes of Nevada 1999, at page

130-32   1972, is hereby amended to read as follows:

130-33     Sec. 21.  1.  This section and sections 1 [and] to 9 , inclusive, of

130-34   this act become effective on October 1, 1999.

130-35     2.  Sections 18 and 20 of this act become effective at 12:02 a.m.

130-36   on October 1, 1999.

130-37     3.  Sections [2 to 8, inclusive, and] 10 to [20,] 17, inclusive, and

130-38   19 of this act become effective on July 1, 2001.

130-39     Sec. 86.  1.  Sections 14, 15 and 16 of chapter 430, Statutes of

130-40   Nevada 1999, at pages 2004 and 2005, are hereby amended to read

130-41   respectively as follows:

130-42     Sec. 14.  NRS 695C.050 is hereby amended to read as follows:

130-43     695C.050  1.  Except as otherwise provided in this chapter or in

130-44   specific provisions of this Title, the provisions of this Title are not

130-45   applicable to any health maintenance organization granted a

130-46   certificate of authority under this chapter. This provision does not

130-47   apply to an insurer licensed and regulated pursuant to this Title

130-48   except with respect to its activities as a health maintenance

130-49   organization authorized and regulated pursuant to this chapter.

131-1  2.  Solicitation of enrollees by a health maintenance organization

131-2  granted a certificate of authority, or its representatives, must not be

131-3   construed to violate any provision of law relating to solicitation or

131-4   advertising by practitioners of a healing art.

131-5  3.  Any health maintenance organization authorized under this

131-6   chapter shall not be deemed to be practicing medicine and is exempt

131-7   from the provisions of chapter 630 of NRS.

131-8  4.  The provisions of NRS 695C.110, 695C.170 to 695C.200,

131-9   inclusive, 695C.250 and 695C.265 and sections 15, 16 and 16.5 of

131-10   [this act] Assembly Bill No. 515 of this session do not apply to a

131-11   health maintenance organization that provides health care services

131-12   through managed care to recipients of Medicaid under the state plan

131-13   for Medicaid or insurance pursuant to the children’s health insurance

131-14   program pursuant to a contract with the division of health care

131-15   financing and policy of the department of human resources. This

131-16   subsection does not exempt a health maintenance organization from

131-17   any provision of this chapter for services provided pursuant to any

131-18   other contract.

131-19     5.  The provisions of sections 12 and 13 of this act apply to a

131-20   health maintenance organization that provides health care services

131-21   through managed care to recipients of Medicaid under the state

131-22   plan for Medicaid.

131-23     Sec. 15.  NRS 695C.330 is hereby amended to read as follows:

131-24     695C.330  1.  The commissioner may suspend or revoke any

131-25   certificate of authority issued to a health maintenance organization

131-26   pursuant to the provisions of this chapter if he finds that any of the

131-27   following conditions exist:

131-28     (a) The health maintenance organization is operating significantly

131-29   in contravention of its basic organizational document, its health care

131-30   plan or in a manner contrary to that described in and reasonably

131-31   inferred from any other information submitted pursuant to NRS

131-32   695C.060, 695C.070 and 695C.140, unless any amendments to those

131-33   submissions have been filed with and approved by the commissioner;

131-34     (b) The health maintenance organization issues evidence of

131-35   coverage or uses a schedule of charges for health care services which

131-36   do not comply with the requirements of NRS 695C.170 to 695C.200,

131-37   inclusive, and section 5 of [this act,] Senate Bill No. 56 of this

131-38   session, or 695C.207[;] or section 12 or 13 of this act;

131-39     (c) The health care plan does not furnish comprehensive health

131-40   care services as provided for in NRS 695C.060;

131-41     (d) The state board of health certifies to the commissioner that the

131-42   health maintenance organization:

131-43          (1) Does not meet the requirements of subsection 2 of NRS

131-44   695C.080; or

131-45          (2) Is unable to fulfill its obligations to furnish health care

131-46   services as required under its health care plan;

131-47     (e) The health maintenance organization is no longer financially

131-48   responsible and may reasonably be expected to be unable to meet its

131-49   obligations to enrollees or prospective enrollees;

132-1  (f) The health maintenance organization has failed to put into

132-2  effect a mechanism affording the enrollees an opportunity to

132-3   participate in matters relating to the content of programs pursuant to

132-4   NRS 695C.110;

132-5  (g) The health maintenance organization has failed to put into

132-6   effect the system for complaints required by NRS 695C.260 in a

132-7   manner reasonably to dispose of valid complaints;

132-8  (h) The health maintenance organization or any person on its

132-9   behalf has advertised or merchandised its services in an untrue,

132-10   misrepresentative, misleading, deceptive or unfair manner;

132-11     (i) The continued operation of the health maintenance organization

132-12   would be hazardous to its enrollees; or

132-13     (j) The health maintenance organization has otherwise failed to

132-14   comply substantially with the provisions of this chapter.

132-15     2.  A certificate of authority must be suspended or revoked only

132-16   after compliance with the requirements of NRS 695C.340.

132-17     3.  If the certificate of authority of a health maintenance

132-18   organization is suspended, the health maintenance organization shall

132-19   not, during the period of that suspension, enroll any additional groups

132-20   or new individual contracts, unless those groups or persons were

132-21   contracted for before the date of suspension.

132-22     4.  If the certificate of authority of a health maintenance

132-23   organization is revoked, the organization shall proceed, immediately

132-24   following the effective date of the order of revocation, to wind up its

132-25   affairs and shall conduct no further business except as may be

132-26   essential to the orderly conclusion of the affairs of the organization. It

132-27   shall engage in no further advertising or solicitation of any kind. The

132-28   commissioner may by written order permit such further operation of

132-29   the organization as he may find to be in the best interest of enrollees

132-30   to the end that enrollees are afforded the greatest practical

132-31   opportunity to obtain continuing coverage for health care.

132-32     Sec. 16.  NRS 287.010 is hereby amended to read as follows:

132-33     287.010  1.  The governing body of any county, school district,

132-34   municipal corporation, political subdivision, public corporation or

132-35   other public agency of the State of Nevada may:

132-36     (a) Adopt and carry into effect a system of group life, accident or

132-37   health insurance, or any combination thereof, for the benefit of its

132-38   officers and employees, and the dependents of officers and

132-39   employees who elect to accept the insurance and who, where

132-40   necessary, have authorized the governing body to make deductions

132-41   from their compensation for the payment of premiums on the

132-42   insurance.

132-43     (b) Purchase group policies of life, accident or health insurance, or

132-44   any combination thereof, for the benefit of such officers and

132-45   employees, and the dependents of such officers and employees, as

132-46   have authorized the purchase, from insurance companies authorized

132-47   to transact the business of such insurance in the State of Nevada, and,

132-48   where necessary, deduct from the compensation of officers and

132-49   employees the premiums upon insurance and pay the deductions

132-50   upon the premiums.

133-1  (c) Provide group life, accident or health coverage through a self-

133-2  insurance reserve fund and, where necessary, deduct contributions to

133-3   the maintenance of the fund from the compensation of officers and

133-4   employees and pay the deductions into the fund. The money

133-5   accumulated for this purpose through deductions from the

133-6   compensation of officers and employees and contributions of the

133-7   governing body must be maintained as an internal service fund as

133-8   defined by NRS 354.543. The money must be deposited in a state or

133-9   national bank or credit union authorized to transact business in the

133-10   State of Nevada. Any independent administrator of a fund created

133-11   under this section is subject to the licensing requirements of chapter

133-12   683A of NRS, and must be a resident of this state. Any contract with

133-13   an independent administrator must be approved by the commissioner

133-14   of insurance as to the reasonableness of administrative charges in

133-15   relation to contributions collected and benefits provided. The

133-16   provisions of NRS 689B.030 to 689B.050, inclusive, and sections 6

133-17   and 7 of this act apply to coverage provided pursuant to this

133-18   paragraph.

133-19     (d) Defray part or all of the cost of maintenance of a self-insurance

133-20   fund or of the premiums upon insurance. The money for

133-21   contributions must be budgeted for in accordance with the laws

133-22   governing the county, school district, municipal corporation, political

133-23   subdivision, public corporation or other public agency of the State of

133-24   Nevada.

133-25     2.  If a school district offers group insurance to its officers and

133-26   employees pursuant to this section, members of the board of trustees

133-27   of the school district must not be excluded from participating in the

133-28   group insurance. If the amount of the deductions from compensation

133-29   required to pay for the group insurance exceeds the compensation to

133-30   which a trustee is entitled, the difference must be paid by the trustee.

133-31     2.  Chapter 430, Statutes of Nevada 1999, at page 2006, is hereby

133-32   amended by adding thereto new sections to be designated as sections 17

133-33   and 18, immediately following section 16, to read respectively as follows:

133-34     Sec. 17.  Section 17 of chapter 411, Statutes of Nevada 1999, at

133-35   page 1945, is hereby amended to read as follows:

133-36        Sec. 17.  NRS 695C.050 is hereby amended to read as follows:

133-37        695C.050  1.  Except as otherwise provided in this chapter or

133-38   in specific provisions of this Title, the provisions of this Title are

133-39   not applicable to any health maintenance organization granted a

133-40   certificate of authority under this chapter. This provision does not

133-41   apply to an insurer licensed and regulated pursuant to this Title

133-42   except with respect to its activities as a health maintenance

133-43   organization authorized and regulated pursuant to this chapter.

133-44        2.  Solicitation of enrollees by a health maintenance

133-45   organization granted a certificate of authority, or its

133-46   representatives, must not be construed to violate any provision of

133-47   law relating to solicitation or advertising by practitioners of a

133-48   healing art.

133-49        3.  Any health maintenance organization authorized under this

133-50   chapter shall not be deemed to be practicing medicine and is

133-51   exempt from the provisions of chapter 630 of NRS.

134-1  4.  The provisions of NRS 695C.110, 695C.170 to 695C.200,

134-2  inclusive, 695C.250 and 695C.265 and sections 15, 16 and 16.5 of

134-3   this act do not apply to a health maintenance organization that

134-4   provides health care services through managed care to recipients of

134-5   Medicaid or insurance pursuant to the children’s health insurance

134-6   program pursuant to a contract with the division of health care

134-7   financing and policy of the department of human resources. This

134-8   subsection does not exempt a health maintenance organization

134-9   from any provision of this chapter for services provided pursuant

134-10   to any other contract.

134-11     Sec. 18.  1.  This section and section 17 of this act become

134-12   effective on September 30, 1999.

134-13     2.  Sections 1 to 13, inclusive, of this act become effective on

134-14   October 1, 1999.

134-15     3.  Sections 14, 15 and 16 of this act become effective at 12:01

134-16   a.m. on October 1, 1999.

134-17     Sec. 87.  Sections 1, 5, 7 and 9 of chapter 442, Statutes of Nevada

134-18   1999, at pages 2059, 2067 and 2070, are hereby amended to read

134-19   respectively as follows:

134-20     Section 1.  NRS 62.040 is hereby amended to read as follows:

134-21     62.040  1.  Except if the child involved is subject to the exclusive

134-22   jurisdiction of an Indian tribe, and except as otherwise provided in

134-23   this chapter, the court has exclusive original jurisdiction in

134-24   proceedings:

134-25     (a) Concerning any child living or found within the county who is

134-26   in need of supervision because he:

134-27          (1) Is a child who is subject to compulsory school attendance

134-28   and is a habitual truant from school;

134-29          (2) Habitually disobeys the reasonable and lawful demands of

134-30   his parents, guardian or other custodian, and is unmanageable; or

134-31          (3) Deserts, abandons or runs away from his home or usual place

134-32   of abode,

134-33  and is in need of care or rehabilitation. The child must not be

134-34   considered a delinquent.

134-35     (b) Concerning any child living or found within the county who

134-36   has committed a delinquent act. A child commits a delinquent act if

134-37   he violates a county or municipal ordinance or any rule or regulation

134-38   having the force of law, or he commits an act designated a crime

134-39   under the law of the State of Nevada.

134-40     (c) Concerning any child in need of commitment to an institution

134-41   for the mentally retarded.

134-42     2.  For the purposes of subsection 1, each of the following acts

134-43   shall be deemed not to be a delinquent act, and the court does not

134-44   have jurisdiction of a person who is charged with committing such an

134-45   act:

134-46     (a) Murder or attempted murder and any other related offense

134-47   arising out of the same facts as the murder or attempted murder,

134-48   regardless of the nature of the related offense.

134-49     (b) Sexual assault or attempted sexual assault involving the use or

134-50   threatened use of force or violence against the victim and any other

134-51   related offense arising out of the same facts as the sexual assault or

135-1  attempted sexual assault, regardless of the nature of the related

135-2  offense, if:

135-3     (1) The person was 16 years of age or older when the sexual

135-4   assault or attempted sexual assault was committed; and

135-5     (2) Before the sexual assault or attempted sexual assault was

135-6   committed, the person previously had been adjudicated delinquent for

135-7   an act that would have been a felony if committed by an adult.

135-8  (c) An offense or attempted offense involving the use or threatened

135-9   use of a firearm and any other related offense arising out of the same

135-10   facts as the offense or attempted offense involving the use or

135-11   threatened use of a firearm, regardless of the nature of the related

135-12   offense, if:

135-13          (1) The person was 16 years of age or older when the offense or

135-14   attempted offense involving the use or threatened use of a firearm

135-15   was committed; and

135-16          (2) Before the offense or attempted offense involving the use or

135-17   threatened use of a firearm was committed, the person previously had

135-18   been adjudicated delinquent for an act that would have been a felony

135-19   if committed by an adult.

135-20     (d) A felony resulting in death or substantial bodily harm to the

135-21   victim and any other related offense arising out of the same facts as

135-22   the felony, regardless of the nature of the related offense, if:

135-23          (1) The felony was committed on the property of a public or

135-24   private school when pupils or employees of the school were present

135-25   or may have been present, at an activity sponsored by a public or

135-26   private school or on a school bus while the bus was engaged in its

135-27   official duties; and

135-28          (2) The person intended to create a great risk of death or

135-29   substantial bodily harm to more than one person by means of a

135-30   weapon, device or course of action that would normally be hazardous

135-31   to the lives of more than one person.

135-32     (e) Any other offense if, before the offense was committed, the

135-33   person previously had been convicted of a criminal offense.

135-34     3.  If a child is charged with a minor traffic offense, the court may

135-35   transfer the case and record to a justice’s or municipal court if the

135-36   judge determines that it is in the best interest of the child. If a case is

135-37   so transferred:

135-38     (a) The restrictions set forth in subsection [5] 6 of NRS 62.170 are

135-39   applicable in those proceedings; and

135-40     (b) The child must be accompanied at all proceedings by a parent

135-41   or legal guardian.

135-42  With the consent of the judge of the juvenile division, the case may be

135-43   transferred back to the juvenile court.

135-44     4.  As used in this section, “school bus” has the meaning ascribed

135-45   to it in NRS 483.160.

135-46     Sec. 5.  [Assembly Bill No. 262 of this session is hereby amended

135-47   by deleting section 1 and adding:

135-48        Section 1.  (Deleted by amendment.)] Section 1 of chapter

135-49   112, Statutes of Nevada 1999, at page 722, and sections 6, 7 and

135-50   8

136-1  of chapter 319, Statutes of Nevada 1999, at pages 1339 and 1342,

136-2  are hereby repealed.

136-3  Sec. 7.  Assembly Bill No. 262 of this session is hereby amended

136-4   by adding thereto a new section designated sec. 3, following sec. 2, to

136-5   read as follows:

136-6  Sec. 3.  [This] Section 2 of this act becomes effective at 12:01

136-7   a.m. on October 1, 1999.

136-8  Sec. 9.  1.  This section and sections 5, 6 and 7 of this act

136-9   become effective on September 30, 1999.

136-10     2.  Sections 1 [, 2, 5, 6 and 7] and 2 of this act become effective at

136-11   12:03 a.m. on October 1, 1999.

136-12     Sec. 88.  Chapter 448, Statutes of Nevada 1999, at page 2100, is

136-13   hereby amended by adding thereto new sections to be designated as

136-14   sections 9.1 and 9.2, immediately following section 9, to read as follows:

136-15     Sec. 9.1.  Section 27 of chapter 581, Statutes of Nevada 1999, at

136-16   page 3139, is hereby amended to read as follows:

136-17        Sec. 27.  1.  This section and section 26 of this act become

136-18   effective upon passage and approval.

136-19        2.  Sections 1, 10 to 21, inclusive, [24] and 25 of this act

136-20   become effective on October 1, 1999.

136-21        3.  Sections 2 to 9, inclusive, 22 and 23 of this act become

136-22   effective at 12:01 a.m. on October 1, 1999.

136-23     Sec. 9.2.  Section 24 of chapter 581, Statutes of Nevada 1999, at

136-24   page 3135, is hereby repealed.

136-25     Sec. 89.  Sections 1 and 4 of chapter 452, Statutes of Nevada 1999, at

136-26   pages 2107 and 2110, respectively, are hereby amended to read

136-27   respectively as follows:

136-28     Section 1.  NRS 361.453 is hereby amended to read as follows:

136-29     361.453  1.  Except as otherwise provided in this section and

136-30   NRS 354.705, section 1 of Assembly Bill No. 275 of this session and

136-31   section 2 of [this act,] Senate Bill No. 473 of this session, the total ad

136-32   valorem tax levy for all public purposes must not exceed $3.64 on

136-33   each $100 of assessed valuation, or a lesser or greater amount fixed

136-34   by the state board of examiners if the state board of examiners is

136-35   directed by law to fix a lesser or greater amount for that fiscal year.

136-36     2.  Any levy imposed by the legislature for the repayment of

136-37   bonded indebtedness or the operating expenses of the State of

136-38   Nevada and any levy imposed by the board of county commissioners

136-39   pursuant to NRS 387.195 that is in excess of 50 cents on each $100

136-40   of assessed valuation of taxable property within the county must not

136-41   be included in calculating the limitation set forth in subsection 1 on

136-42   the total ad valorem tax levied within the boundaries of the county,

136-43   city or unincorporated town, if, in a county whose population is

136-44   25,000 or less, or in a city or unincorporated town located within

136-45   that county:

136-46     (a) The combined tax rate certified by the Nevada tax

136-47   commission was at least $3.50 on each $100 of assessed valuation

136-48   on June 25, 1998;

136-49     (b) The governing body of that county, city or unincorporated

136-50   town proposes to its registered voters an additional levy ad valorem

137-1  above the total ad valorem tax levy for all public purposes set forth

137-2  in subsection 1;

137-3  (c) The proposal specifies the amount of money to be derived, the

137-4   purpose for which it is to be expended and the duration of the levy;

137-5   and

137-6  (d) The proposal is approved by a majority of the voters voting on

137-7   the question at a general election or a special election called for

137-8   that purpose.

137-9  3.  The duration of the additional levy ad valorem levied

137-10   pursuant to subsection 2 must not exceed 5 years. The governing

137-11   body of the county, city or unincorporated town may discontinue

137-12   the levy before it expires and may not thereafter reimpose it in

137-13   whole or in part without following the procedure required for its

137-14   original imposition set forth in subsection 2.

137-15     4.  A special election may be held pursuant to subsection 2 only

137-16   if the governing body of the county, city or unincorporated town

137-17   determines, by a unanimous vote, that an emergency exists. The

137-18   determination made by the governing body is conclusive unless it is

137-19   shown that the governing body acted with fraud or a gross abuse of

137-20   discretion. An action to challenge the determination made by the

137-21   governing body must be commenced within 15 days after the

137-22   governing body’s determination is final. As used in this subsection,

137-23   “emergency” means any unexpected occurrence or combination of

137-24   occurrences which requires immediate action by the governing

137-25   body of the county, city or unincorporated town to prevent or

137-26   mitigate a substantial financial loss to the county, city or

137-27   unincorporated town or to enable the governing body to provide an

137-28   essential service to the residents of the county, city or

137-29   unincorporated town.

137-30     Sec. 4.  1.  This section and sections 2 and 3 of this act

137-31   [becomes] become effective on July 1, 1999.

137-32     2.  Section 1 of this act becomes effective at 12:01 a.m. on
July 1, 1999.

137-33     Sec. 90.  Section 6 of chapter 459, Statutes of Nevada 1999, at page

137-34   2136, is hereby amended to read as follows:

137-35          Sec. 6.  NRS 483.490 is hereby amended to read as follows:

137-36          483.490  1.  Except as otherwise provided in this section, after a

137-37   driver’s license has been suspended or revoked for an offense other

137-38   than a second violation within 7 years of NRS 484.379 and one-half

137-39   of the period during which the driver is not eligible for a license has

137-40   expired, the department may, unless the statute authorizing the

137-41   suspension prohibits the issuance of a restricted license, issue a

137-42   restricted driver’s license to an applicant permitting the applicant to

137-43   drive a motor vehicle:

137-44          (a) To and from work or in the course of his work, or both; or

137-45          (b) To acquire supplies of medicine or food or receive regularly

137-46   scheduled medical care for himself or a member of his immediate

137-47   family.

137-48  Before a restricted license may be issued, the applicant must submit

137-49   sufficient documentary evidence to satisfy the department that a

137-50   severe hardship exists because the applicant has no alternative means

138-1  of transportation and that the severe hardship outweighs the risk to the

138-2  public if he is issued a restricted license.

138-3           2.  A person who has been ordered to install a device in a motor

138-4   vehicle [which he owns or operates] pursuant to NRS 484.3943:

138-5  (a) Shall install the device not later than 21 days after the date on

138-6   which the order was issued; and

138-7  (b) May not receive a restricted license pursuant to this section

138-8   until:

138-9     (1) After at least [180 days] 1 year of the period during which he

138-10   is not eligible for a license, if he was convicted of:

138-11                    (I) [A violation of subsection 2 of NRS 484.377;

138-12                    (II)] A violation of NRS 484.3795 or a homicide resulting

138-13   from driving or being in actual physical control of a vehicle while

138-14   under the influence of intoxicating liquor or a controlled substance or

138-15   resulting from any other conduct prohibited by NRS 484.379 or

138-16   484.3795; or

138-17                    [(III)] (II) A third or subsequent violation within 7 years of

138-18   NRS 484.379;

138-19          (2) After at least [90] 180 days of the period during which he is

138-20   not eligible for a license, if he was convicted of a [second violation

138-21   within 7 years of NRS 484.379;] violation of subsection 2 of NRS

138-22   484.377; or

138-23          (3) After at least 45 days of the period during which he is not

138-24   eligible for a license, if he was convicted of a first violation within 7

138-25   years of NRS 484.379.

138-26     3.  If the department has received a copy of an order requiring a

138-27   person to install a device in a motor vehicle [which he owns or

138-28   operates] pursuant to NRS 484.3943, the department shall not issue a

138-29   restricted driver’s license to such a person pursuant to this section

138-30   unless the applicant has submitted proof of compliance with the order

138-31   and subsection 2.

138-32     4.  After a driver’s license has been revoked pursuant to

138-33   subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h)

138-34   of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or

138-35   62.228, the department may issue a restricted driver’s license to an

138-36   applicant permitting the applicant to drive a motor vehicle:

138-37     (a) If applicable, to and from work or in the course of his work, or

138-38   both; and

138-39     (b) If applicable, to and from school.

138-40     5.  After a driver’s license has been suspended pursuant to NRS

138-41   483.443, the department may issue a restricted driver’s license to an

138-42   applicant permitting the applicant to drive a motor vehicle:

138-43     (a) If applicable, to and from work or in the course of his work, or

138-44   both;

138-45     (b) To receive regularly scheduled medical care for himself or a

138-46   member of his immediate family; and

138-47     (c) If applicable, as necessary to exercise a court-ordered right to

138-48   visit a child.

138-49     6.  A driver who violates a condition of a restricted license issued

138-50   pursuant to subsection 1 or by another jurisdiction is guilty of a

139-1  misdemeanor and, if the license of the driver was suspended or

139-2  revoked for:

139-3  (a) A violation of NRS 484.379, 484.3795, or 484.384;

139-4  (b) A homicide resulting from driving or being in actual physical

139-5   control of a vehicle while under the influence of intoxicating liquor

139-6   or a controlled substance or resulting from any other conduct

139-7   prohibited by NRS 484.379 or 484.3795; or

139-8  (c) A violation of a law of any other jurisdiction that prohibits the

139-9   same or similar conduct as set forth in paragraph (a) or (b),

139-10  the driver shall be punished in the manner provided pursuant to

139-11   subsection 2 of NRS 483.560.

139-12     7.  The periods of suspensions and revocations required pursuant

139-13   to this chapter and NRS 484.384 must run consecutively, except as

139-14   otherwise provided in NRS 483.465 and 483.475, when the

139-15   suspensions must run concurrently.

139-16     8.  Whenever the department suspends or revokes a license, the

139-17   period of suspension, or of ineligibility for a license after the

139-18   revocation, begins upon the effective date of the revocation or

139-19   suspension as contained in the notice thereof.

139-20     Sec. 91.  1.  Sections 10, 12 and 27 of chapter 460, Statutes of

139-21   Nevada 1999, at pages 2151, 2154 and 2163, respectively, are hereby

139-22   amended to read respectively as follows:

139-23     Sec. 10.  NRS 293.177 is hereby amended to read as follows:

139-24     293.177  1.  Except as otherwise provided in NRS 293.165, a

139-25   name may not be printed on a ballot to be used at a primary election

139-26   unless the person named has filed a declaration of candidacy or an

139-27   acceptance of candidacy, and paid the fee required by NRS 293.193

139-28   not earlier than the first Monday in May of the year in which the

139-29   election is to be held nor later than 5 p.m. on the third Monday in

139-30   May.

139-31     2.  A declaration of candidacy or an acceptance of candidacy

139-32   required to be filed by this section must be in substantially the

139-33   following form:

139-34     (a) For partisan office:

 

139-35  Declaration of Candidacy of ........ for the

139-36  Office of ................

 

139-37  State of Nevada

 

139-38  County of..

 

139-39  For the purpose of having my name placed on the official ballot as a

139-40   candidate for the ................ Party nomination for the office of

139-41   ………, I, the undersigned …….., do swear or affirm under penalty

139-42   of perjury that I actually, as opposed to constructively, reside at

139-43   ………., in the City or Town of ……., County of ………., State of

139-44   Nevada; that my actual , as opposed to constructive, residence in the

139-45   state, district, county, township, city or other area prescribed by law

139-46   to which the office pertains began on a date at least 30 days [or more

139-47   before]

140-1  immediately preceding the date of the close of filing of declarations

140-2  of candidacy for this office; that I am registered as a member of the

140-3   ................ Party; that I have not, in violation of the provisions of NRS

140-4   293.176, changed the designation of my political party or political

140-5   party affiliation on an official application to register to vote in any

140-6   state since September 1 before the closing filing date for this election;

140-7   that I generally believe in and intend to support the concepts found in

140-8   the principles and policies of that political party in the coming

140-9   election; that if nominated as a candidate of the ................ Party at the

140-10   ensuing election I will accept that nomination and not withdraw; that

140-11   I will not knowingly violate any election law or any law defining and

140-12   prohibiting corrupt and fraudulent practices in campaigns and

140-13   elections in this state; that I will qualify for the office if elected

140-14   thereto, including, but not limited to, complying with any limitation

140-15   prescribed by the constitution and laws of this state concerning the

140-16   number of years or terms for which a person may hold the office; and

140-17   that I understand that my name will appear on all ballots as

140-18   designated in this declaration.

 

140-19                                                                        ...................................

140-20                                      (Designation of name)

140-21                                                                        ...................................

140-22                              (Signature of candidate for office)

 

140-23  Subscribed and sworn to before

140-24  me this ..... day of [........, 19...] the month of ………… of the year

140-25   …..

 

140-26  ............................

140-27  Notary Public or other person

140-28  authorized to administer an oath

 

140-29     (b) For nonpartisan office:

 

140-30  Declaration of Candidacy of ........ for the

140-31  Office of ................

 

140-32  State of Nevada

 

140-33  County of..

 

140-34  For the purpose of having my name placed on the official ballot as a

140-35   candidate for the office of ................, I, the undersigned ................,

140-36   do swear or affirm under penalty of perjury that I actually, as

140-37   opposed to constructively, reside at ………, in the City or Town of

140-38   ……., County of ………, State of Nevada; that my actual , as

140-39   opposed to constructive, residence in the state, district, county,

140-40   township, city or other area prescribed by law to which the office

140-41   pertains began on a date at least 30 days [or more before]

140-42   immediately preceding the date of the close of filing of declarations

140-43   of candidacy for this office; that if

141-1  nominated as a nonpartisan candidate at the ensuing election I will

141-2  accept the nomination and not withdraw; that I will not knowingly

141-3   violate any election law or any law defining and prohibiting corrupt

141-4   and fraudulent practices in campaigns and elections in this state; that

141-5   I will qualify for the office if elected thereto, including, but not

141-6   limited to, complying with any limitation prescribed by the

141-7   constitution and laws of this state concerning the number of years or

141-8   terms for which a person may hold the office; and my name will

141-9   appear on all ballots as designated in this declaration.

 

141-10                                                                        ...................................

141-11                                      (Designation of name)

141-12                                                                        ...................................

141-13                              (Signature of candidate for office)

 

141-14  Subscribed and sworn to before

141-15  me this ..... day of [........, 19...] the month of ………… of the year

141-16   …..

 

141-17  ............................

141-18  Notary Public or other person

141-19  authorized to administer an oath

 

141-20     3.  A person may be a candidate under his given name and

141-21   surname, a contraction or familiar form of his given name followed

141-22   by his surname or the initial of his given name followed by his

141-23   surname. A nickname of not more than 10 letters may be

141-24   incorporated into a candidate’s name. The nickname must be in

141-25   quotation marks and appear immediately before the candidate’s

141-26   surname. A nickname must not indicate any political, economic,

141-27   social or religious view or affiliation and must not be the name of any

141-28   person, living or dead, whose reputation is known on a statewide,

141-29   nationwide or worldwide basis, or in any other manner deceive a

141-30   voter regarding the person or principles for which he is voting.

141-31     4.  The address of a candidate which must be included in the

141-32   declaration of candidacy or acceptance of candidacy pursuant to

141-33   subsection 2 must be the street address of the residence where he

141-34   actually , as opposed to constructively, resides[,] in accordance with

141-35   NRS 281.050, if one has been assigned. The declaration or

141-36   acceptance of candidacy must not be accepted for filing if the

141-37   candidate’s address is listed as a post office box unless a street

141-38   address has not been assigned to his residence.

141-39     Sec. 12.  NRS 293.200 is hereby amended to read as follows:

141-40     293.200  1.  An independent candidate for partisan office must

141-41   file with the appropriate filing officer:

141-42     (a) A copy of the petition of candidacy that he intends to circulate

141-43   for signatures. The copy must be filed not earlier than the January 2

141-44   preceding the date of the election and not later than 25 working days

141-45   before the last day to file the petition pursuant to subsection 4. The

141-46   copy must also be filed before the petition may be circulated.

142-1  (b) Either of the following:

142-2     (1) A petition of candidacy signed by a number of registered

142-3   voters equal to at least 1 percent of the total number of ballots cast in

142-4   [this state or in the county or district electing that officer] :

142-5           (I) This state for that office at the last preceding general

142-6   election in which a person was elected to that office[.] , if the office

142-7   is a statewide office;

142-8           (II) The county for that office at the last preceding general

142-9   election in which a person was elected to that office, if the office is

142-10   a county office; or

142-11                    (III) The district for that office at the last preceding general

142-12   election in which a person was elected to that office, if the office is

142-13   a district office.

142-14          (2) A petition of candidacy signed by 250 registered voters if the

142-15   candidate is a candidate for statewide office, or signed by 100

142-16   registered voters if the candidate is a candidate for any office other

142-17   than a statewide office.

142-18     2.  The petition may consist of more than one document. Each

142-19   document must bear the name of the county in which it was

142-20   circulated and only registered voters of that county may sign the

142-21   document. If the office is not a statewide office, only the registered

142-22   voters of the county, district or municipality in question may sign the

142-23   document. The documents that are circulated for signature in a

142-24   county must be submitted to that county clerk for verification in the

142-25   manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later

142-26   than 25 working days before the last day to file the petition pursuant

142-27   to subsection 4. Each person who signs the petition shall add to his

142-28   signature the address of the place at which he actually resides, the

142-29   date that he signs the petition and the name of the county where he is

142-30   registered to vote. The person who circulates each document of the

142-31   petition shall sign an affidavit attesting that the signatures on the

142-32   document are genuine to the best of his knowledge and belief and

142-33   were signed in his presence by persons registered to vote in that

142-34   county.

142-35     3.  The petition of candidacy may state the principle, if any, which

142-36   the person qualified represents.

142-37     4.  Petitions of candidacy must be filed not earlier than the first

142-38   Monday in May preceding the general election and not later than 5

142-39   p.m. on the third Monday in May.

142-40     5.  No petition of candidacy may contain the name of more than

142-41   one candidate for each office to be filled.

142-42     6.  A person may not file as an independent candidate if he is

142-43   proposing to run as the candidate of a political party.

142-44     7.  The names of independent candidates must be placed on the

142-45   general election ballot and must not appear on the primary election

142-46   ballot.

143-1  8.  If the candidacy of any person seeking to qualify pursuant to

143-2  this section is challenged, all affidavits and documents in support of

143-3   the challenge must be filed not later than 5 p.m. on the fourth

143-4   Monday in May. Any judicial proceeding resulting from the

143-5   challenge must be set for hearing not more than 5 days after the

143-6   fourth Monday in May.

143-7  9.  Any challenge pursuant to subsection 8 must be filed with:

143-8  (a) The first judicial district court if the petition of candidacy was

143-9   filed with the secretary of state.

143-10     (b) The district court for the county where the petition of

143-11   candidacy was filed if the petition was filed with a county clerk.

143-12     10.  An independent candidate for partisan office must file a

143-13   declaration of candidacy with the appropriate filing officer and pay

143-14   the fee required by NRS 293.193 not earlier than the first Monday in

143-15   May of the year in which the election is held nor later than 5 p.m. on

143-16   the third Monday in May.

143-17     Sec. 27.  NRS 293C.185 is hereby amended to read as follows:

143-18     293C.185  1.  Except as otherwise provided in NRS 293C.190, a

143-19   name may not be printed on a ballot to be used at a primary city

143-20   election, unless the person named has filed a declaration of candidacy

143-21   or an acceptance of candidacy and paid the fee established by the

143-22   governing body of the city not earlier than 70 days before the primary

143-23   city election and not later than 5 p.m. on the 60th day before the

143-24   primary city election.

143-25     2.  A declaration of candidacy required to be filed by this section

143-26   must be in substantially the following form:

 

143-27  Declaration of Candidacy of ........ for the

143-28  Office of ................

 

143-29  State of Nevada

 

143-30  City of.......

 

143-31  For the purpose of having my name placed on the official ballot as a

143-32   candidate for the office of ................, I, the undersigned ................,

143-33   do swear or affirm under penalty of perjury that I actually, as

143-34   opposed to constructively, reside at ......................, in the City or

143-35   Town of ................, County of .................., State of Nevada; that my

143-36   actual , as opposed to constructive, residence in the city, township or

143-37   other area prescribed by law to which the office pertains began on a

143-38   date at least 30 days [or more before] immediately preceding the date

143-39   of the close of filing of declarations of candidacy for this office; that

143-40   if nominated as a candidate at the ensuing election I will accept the

143-41   nomination and not withdraw; that I will not knowingly violate any

143-42   election law or any law defining and prohibiting corrupt and

143-43   fraudulent practices in campaigns and elections in this state; that I

143-44   will qualify for the office if elected thereto, including, but not limited

143-45   to, complying with any limitation prescribed by the constitution and

143-46   laws of this state concerning the number of years or terms for which a

143-47   person may hold

144-1  the office; and my name will appear on all ballots as designated in this

144-2  declaration.

 

144-3                                                                        ...................................

144-4                                       (Designation of name)

144-5                                                                        ...................................

144-6                              (Signature of candidate for office)

144-7  Subscribed and sworn to before

144-8  me this ..... day of [........, 19...] the month of ………… of the year

144-9   ……

 

144-10  ............................

144-11  Notary Public or other person

144-12  authorized to administer an oath

 

144-13     3.  A person may be a candidate under his given name and

144-14   surname, a contraction or familiar form of his given name followed

144-15   by his surname or the initial of his given name followed by his

144-16   surname. A nickname of not more than 10 letters may be

144-17   incorporated into a candidate’s name. The nickname must be in

144-18   quotation marks and appear immediately before the candidate’s

144-19   surname. A nickname must not indicate any political, economic,

144-20   social or religious view or affiliation and must not be the name of any

144-21   person, living or dead, whose reputation is known on a statewide,

144-22   nationwide or worldwide basis, or in any other manner deceive a

144-23   voter concerning the person or principles for which he is voting.

144-24     4.  The address of a candidate that must be included in the

144-25   declaration or acceptance of candidacy pursuant to subsection 2 must

144-26   be the street address of the residence where he actually , as opposed

144-27   to constructively, resides[,] in accordance with NRS 281.050, if one

144-28   has been assigned. The declaration or acceptance of candidacy must

144-29   not be accepted for filing if the candidate’s address is listed as a post

144-30   office box unless a street address has not been assigned to his

144-31   residence.

144-32     2.  Chapter 460, Statutes of Nevada 1999, at page 2172, is hereby

144-33   amended by adding thereto a new section to be designated as section 44,

144-34   immediately following section 43, to read as follows:

144-35     Sec. 44.  Section 12 of this act becomes effective at 12:02 a.m. on

144-36   October 1, 1999.

144-37     Sec. 92.  1.  Sections 15, 17, 18, 19, 21 and 26 of chapter 465,

144-38   Statutes of Nevada 1999, at pages 2220 to 2223, inclusive, and 2225, are

144-39   hereby amended to read respectively as follows:

144-40     Sec. 15.  Section 64 of chapter 410, Statutes of Nevada 1997, at

144-41   page 1451, is hereby amended to read as follows:

144-42        Sec. 64.  NRS 686B.1765 is hereby amended to read as

144-43   follows:

144-44        686B.1765  The advisory organization may:

144-45        1.  Develop statistical plans including definitions for the

144-46   classification of risks.

145-1  2.  Collect statistical data from its members and subscribers or

145-2  any other reliable source.

145-3  3.  Prepare and distribute data on [expenses and the basic

145-4   premium rate or rates, adjusted for expected changes in reported

145-5   losses and expenses and for trends in losses and expenses,

145-6   according to its statistical plan.] prospective loss costs.

145-7  4.  Prepare and distribute manuals of rules and schedules for

145-8   rating which do not permit calculating the final rates without using

145-9   information other than the information in the manual.

145-10        5.  Distribute any information filed with the commissioner

145-11   which is open to public inspection.

145-12        6.  Conduct research and collect statistics to discover, identify

145-13   and classify information on the causes and prevention of losses.

145-14        7.  Prepare and file forms and endorsements for policies and

145-15   consult with its members, subscribers and any other

145-16   knowledgeable persons on their use.

145-17        8.  Collect, compile and distribute information on the past and

145-18   current premiums charged by individual insurers if the information

145-19   is available for public inspection.

145-20        9.  Conduct research and collect information to determine what

145-21   effect changes in benefits to injured employees pursuant to

145-22   chapters 616A to 617, inclusive, of NRS will have on [the basic

145-23   premium rate or rates.] prospective loss costs.

145-24        10.  Prepare and distribute rules and rating values for the

145-25   uniform plan for rating experience.

145-26        11.  Calculate and provide to the insurer the modification of

145-27   premiums based on the individual employer’s losses.

145-28        12.  Assist an individual insurer to develop rates, supplementary

145-29   rate information or other supporting information if authorized to do

145-30   so by the insurer.

145-31     Sec. 17.  Section 68 of chapter 410, Statutes of Nevada 1997, at

145-32   page 1452, is hereby amended to read as follows:

145-33        Sec. 68.  NRS 686B.177 is hereby amended to read as follows:

145-34        686B.177  1.  The advisory organization shall file with the

145-35   commissioner a copy of every [basic premium rate, the portion of

145-36   the rate that is allowable for expenses as determined by the

145-37   advisory organization,] prospective loss cost, every manual of

145-38   rating rules, every rating schedule and every change, amendment

145-39   or modification to them which is proposed for use in this state at

145-40   least 60 days before they are distributed to the organization’s

145-41   members, subscribers or other persons. The rates shall be deemed

145-42   to be approved unless they are disapproved by the commissioner

145-43   within 60 days after they are filed.

145-44        2.  The commissioner shall report any changes in rates or in the

145-45   uniform plan for rating experience, the uniform statistical plan or

145-46   the uniform system of classification, when approved, to the

145-47   director of the legislative counsel bureau.

145-48        [3.  The rates filed by the advisory organization and approved

145-49   by the commissioner apply to every insurer. In no case may an

146-1  insurer’s rate be less than the approved rate by more than the

146-2  following percentages:

146-3  (a) For the period beginning on July 1, 1999, and ending on June

146-4   30, 2000, no variance.

146-5  (b) For the period beginning on July 1, 2000, and ending on

146-6   June 30, 2001, no more than a 15 percent variance.]

146-7  Sec. 18.  Section 71 of chapter 410, Statutes of Nevada 1997, at

146-8   page 1453, is hereby amended to read as follows:

146-9  Sec. 71.  NRS 686B.1775 is hereby amended to read as

146-10   follows:

146-11        686B.1775  1.  Each insurer shall file with the commissioner

146-12   all the rates , [and] supplementary rate information, supporting

146-13   data, and changes and amendments thereof, except [for the] any

146-14   information filed by the advisory organization, [at least] which the

146-15   insurer intends to use in this state. An insurer may adopt by

146-16   reference any supplementary rate information or supporting data

146-17   that has been previously filed by that insurer and approved by the

146-18   commissioner. The filing must indicate the date the rates will

146-19   become effective. An insurer may file its rates pursuant to this

146-20   subsection by filing:

146-21        (a) Final rates; or

146-22        (b) A multiplier and, if used by an insurer, a premium charged

146-23   to each policy of industrial insurance regardless of the size of the

146-24   policy which, when applied to the prospective loss costs filed by

146-25   the advisory organization pursuant to NRS 686B.177, will result

146-26   in final rates.

146-27        2.  Each insurer shall file the rates, supplementary rate

146-28   information and supporting data pursuant to subsection 1:

146-29        (a) Except as otherwise provided in subsection 4, if the

146-30   interaction among insurers and employers is presumed or found

146-31   to be competitive, not later than 15 days before the date the rates

146-32   become effective.

146-33        (b) If the commissioner has issued a finding that the

146-34   interaction is not competitive, not later than 60 days before the

146-35   rates become effective.

146-36        3.  If the information supplied by an insurer pursuant to [this]

146-37   subsection 1 is insufficient, the commissioner shall notify the

146-38   insurer and [the information shall be deemed to be filed when]

146-39   require the insurer to provide additional information. The filing

146-40   must not be deemed complete or available for use by the insurer

146-41   and review by the commissioner must not commence until all the

146-42   information requested by the commissioner is received by him.

146-43        [2.]  If the requested information is not received by the

146-44   commissioner within 60 days after its request, the filing may be

146-45   disapproved without further review.

146-46        4.  If, after notice to the insurer and a hearing, the

146-47   commissioner finds that an insurer’s rates require supervision

146-48   because of the insurer’s financial condition or because of rating

146-49   practices which are unfairly discriminatory, the commissioner

146-50   shall order the insurer to file its rates, supplementary rate

147-1  information, supporting data and any other information required

147-2  by the commissioner, at least 60 days before they become

147-3   effective.

147-4  5.  For any filing made by an insurer pursuant to this section,

147-5   the commissioner may authorize an earlier effective date for the

147-6   rates upon a written request from the insurer.

147-7  [3.  Every]

147-8  6.  Except as otherwise provided in subsection 1, every rate

147-9   filed by an insurer must be filed in the form and manner prescribed

147-10   by the commissioner.

147-11        [4.  A rate filed with the commissioner pursuant to this section

147-12   that becomes effective before July 1, 2000, may not be increased

147-13   or decreased until July 1, 2000.]

147-14        7.  As used in this section, “supporting data” means:

147-15        (a) The experience and judgment of the insurer and of other

147-16   insurers or of the advisory organization, if relied upon by the

147-17   insurer;

147-18        (b) The interpretation of any statistical data relied upon by the

147-19   insurer;

147-20        (c) A description of the actuarial and statistical methods

147-21   employed in setting the rates; and

147-22        (d) Any other relevant matters required by the commissioner.

147-23     Sec. 19.  Section 73 of chapter 410, Statutes of Nevada 1997, at

147-24   page 1454, is hereby amended to read as follows:

147-25        Sec. 73.  NRS 686B.1777 is hereby amended to read as

147-26   follows:

147-27        686B.1777  1.  If the commissioner finds that:

147-28        (a) The interaction among insurers is not competitive;

147-29        (b) The rates filed by insurers whose interaction is competitive

147-30   are inadequate or unfairly discriminatory; or

147-31        [(b)] (c) The rates violate the provisions of this chapter,

147-32  the commissioner may require the insurers to file information

147-33   supporting their existing rates. Before the commissioner may

147-34   disapprove those rates, he shall notify the insurers and hold a

147-35   hearing on the rates and the supplementary rate information.

147-36        2.  The commissioner may disapprove any rate without a

147-37   hearing. Any insurer whose rates are disapproved in this manner

147-38   may request in writing and within 30 days after the disapproval

147-39   that the commissioner conduct a hearing on the matter.

147-40     Sec. 21.  Section 75 of chapter 410, Statutes of Nevada 1997, at

147-41   page 1455, is hereby amended to read as follows:

147-42        Sec. 75.  NRS 686B.1779 is hereby amended to read as

147-43   follows:

147-44        686B.1779  1.  The commissioner may disapprove a rate filed

147-45   by an insurer at any time.

147-46        2.  The commissioner shall disapprove a rate if:

147-47        (a) An insurer has failed to meet the requirements for filing a

147-48   rate pursuant to this chapter or the regulations of the

147-49   commissioner; [or]

148-1  (b) The rate is inadequate or unfairly discriminatory and the

148-2  interaction among insurers and employers is competitive; or

148-3  (c) A rate is inadequate, excessive or unfairly discriminatory[.]

148-4   and the commissioner has found and issued an order that the

148-5   interaction among the insurers and employers is not competitive.

148-6  Sec. 26.  1.  This section and sections 14[, 16, 20, 22, 23, 24

148-7   and] to 25 , inclusive, of this act become effective at 12:01 a.m. on

148-8   July 1, 1999.

148-9  2.  Sections 1 to 7, inclusive, and 9 to 12, inclusive, of this act

148-10   become effective on October 1, 1999.

148-11     3.  Sections 8 [and] , 8.5 , 25.1 and 25.2 of this act become

148-12   effective at 12:01 a.m. on October 1, 1999.

148-13     4.  Section 13[, 15, 17, 18, 19 and 21] of this act [become

148-14   effective at 12:01 a.m.] becomes effective on July 1, 2001.

148-15     2.  Chapter 465, Statutes of Nevada 1999, at page 2225, is hereby

148-16   amended by adding thereto new sections to be designated as sections 25.1

148-17   and 25.2, immediately following section 25, to read respectively as

148-18   follows:

148-19     Sec. 25.1.  Section 140 of chapter 388, Statutes of Nevada 1999,

148-20   at page 1843, as amended by section 26.5 of chapter 582, Statutes of

148-21   Nevada 1999, at page 3148, is hereby amended to read as follows:

148-22        Sec. 140.  1.  This section, section 27, subsection 1 of section

148-23   127, and sections 128 and 129 of this act become effective upon

148-24   passage and approval.

148-25        2.  Subsection 1 of section 132 of this act becomes effective on

148-26   June 1, 1999.

148-27        3.  Sections 2, 3, 12.5, 86.1, 86.2, 86.6 to 86.9, inclusive, 96.5,

148-28   116, 122, 126.3, 127.5, 130 and 135 of this act become effective on

148-29   July 1, 1999.

148-30        4.  Section 86.4 of this act becomes effective on July 1, 1999,

148-31   only if Assembly Bill No. 660 of this session is enacted by the

148-32   legislature.

148-33        5.  Sections 20.5, 35, 89, 117 and 139.4 of this act become

148-34   effective at 12:01 a.m. on July 1, 1999.

148-35        6.  Sections 20, 24, 25, 26 and 96 of this act become effective

148-36   on the date the governor issues a proclamation pursuant to

148-37   subsection 1 of section 129 of this act.

148-38        7.  Sections 29 and 126.5 of this act become effective on the

148-39   date the governor issues a proclamation pursuant to subsection 1 of

148-40   section 129 of this act, only if the governor issues the proclamation

148-41   before October 1, 1999.

148-42        8.  Section 29.5 of this act becomes effective:

148-43        (a) At 12:01 a.m. on October 1, 1999, only if the governor issues

148-44   a proclamation pursuant to subsection 1 of section 129 of this act

148-45   on October 1, 1999; or

148-46        (b) On the date the governor issues a proclamation pursuant to

148-47   subsection 1 of section 129 of this act, only if the governor issues

148-48   the proclamation after October 1, 1999.

149-1  9.  Sections 20.6, 49.5, 52.5, 53.5, [57.2,] 57.4, 62.1 to 62.5,

149-2  inclusive, 68.2 to 68.8, inclusive, 80.5 and 139.2 of this act become

149-3   effective on January 1, 2000.

149-4  10.  Sections 1, 4 to 12, inclusive, 13 to 19, inclusive, 21, 22,

149-5   23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to

149-6   57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80,

149-7   inclusive, 81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to 103,

149-8   inclusive, 105 to 114, inclusive, 118 to 121, inclusive, 123 to 126,

149-9   inclusive, subsection 2 of section 127, 131, subsection 2 of section

149-10   132, 133, 134, 136 to 139, inclusive, and 141 of this act become

149-11   effective on January 1, 2000, only if, on that date, the manager of

149-12   the state industrial insurance system transfers the assets of the state

149-13   industrial insurance system to a domestic mutual insurance

149-14   company pursuant to section 129 of this act.

149-15        11.  Sections 63 and 115 of this act become effective at 12:01

149-16   a.m. on January 1, 2000, only if, on that date, the manager of the

149-17   state industrial insurance system transfers the assets of the state

149-18   industrial insurance system to a domestic mutual insurance

149-19   company pursuant to section 129 of this act.

149-20        12.  Sections 20, 96, 116, 122 and 126.3 of this act expire by

149-21   limitation on January 1, 2000, if the manager of the state industrial

149-22   insurance system transfers the assets of the state industrial

149-23   insurance system to a domestic mutual insurance company

149-24   pursuant to section 129 of this act.

149-25        13.  Section 8 of this act expires by limitation on June 30, 2003.

149-26        14.  Section 100 of this act expires by limitation on May 1,

149-27   2013.

149-28     Sec. 25.2.  Section 57.2 of chapter 388, Statutes of Nevada 1999,

149-29   at page 1782, is hereby repealed.

149-30     Sec. 93.  1.  Sections 2, 5, 6, 13, 25, 29, 39 and 40 of chapter 466,

149-31   Statutes of Nevada 1999, at pages 2225, 2226, 2229, 2236, 2238 and 2242,

149-32   are hereby amended to read respectively as follows:

149-33     Sec. 2.  (Deleted by amendment.)

149-34     Sec. 5.  (Deleted by amendment.)

149-35     Sec. 6.  (Deleted by amendment.)

149-36     Sec. 13.  NRS 422.296 is hereby amended to read as follows:

149-37     422.296  1.  At any hearing held pursuant to the provisions of

149-38   subsection 2 of NRS 422.294, opportunity must be afforded all

149-39   parties to respond and present evidence and argument on all issues

149-40   involved.

149-41     2.  Unless precluded by law, informal disposition may be made of

149-42   any hearing by stipulation, agreed settlement, consent order or

149-43   default.

149-44     3.  The record of a hearing must include:

149-45     (a) All pleadings, motions and intermediate rulings.

149-46     (b) Evidence received or considered.

149-47     (c) Questions and offers of proof and objections, and rulings

149-48   thereon.

149-49     (d) Any decision, opinion or report by the hearing officer presiding

149-50   at the hearing.

149-51     4.  Oral proceedings, or any part thereof, must be transcribed on

149-52   request of any party seeking judicial review of the decision.

150-1  5.  Findings of fact must be based exclusively on substantial

150-2  evidence.

150-3  6.  Any employee or other representative of the [welfare division]

150-4   department who investigated or made the initial decision to deny,

150-5   modify or cancel a grant of public assistance or services shall not

150-6   participate in the making of any decision made pursuant to the

150-7   hearing.

150-8  Sec. 25.  Chapter 232 of NRS is hereby amended by adding

150-9   thereto a new section to read as follows:

150-10     “Children’s health insurance program” has the meaning ascribed

150-11   to it in section 2 of Senate Bill No. 10 of this session.

150-12     Sec. 29.  Chapter 439B of NRS is hereby amended by adding

150-13   thereto a new section to read as follows:

150-14     “Children’s health insurance program” has the meaning ascribed

150-15   to it in section 2 of Senate Bill No. 10 of this session.

150-16     Sec. 39.  Section 89 of chapter 550, Statutes of Nevada 1997, at

150-17   page 2644, as amended by section 74 of chapter 105, Statutes of

150-18   Nevada 1999, at page 581, is hereby amended to read as follows:

150-19        Sec. 89.  1.  This section and sections 2 to 13, inclusive, 14.1,

150-20   14.3 to 29, inclusive, 32, 34, 35, 37, 38, 39, 41, 42, 43, 45, 47, 51

150-21   to 54, inclusive, 56, 57, 59, 63, 67, 68, 70, 71, 74 to 80.4,

150-22   inclusive, 80.7 and 81 to 88, inclusive, of this act become effective

150-23   on July 1, 1997.

150-24        2.  Sections 1, 14, 33, 36, 40, 44, 46, 49, 50, 58, 60, 62, 64, 65,

150-25   66, 69, 73, 80.5 and 80.6 of this act become effective at 12:01 a.m.

150-26   on July 1, 1997.

150-27        3.  Sections 30, 30.5, 48, 54.5, 61 and 72 of this act become

150-28   effective at 12:02 a.m. on July 1, 1997.

150-29        4.  Sections 31 and 55 of this act become effective at 12:03 a.m.

150-30   on July 1, 1997.

150-31        5.  Section 14.2 of this act becomes effective on July 1, 1998.

150-32        6.  Sections [1 to 14.4, inclusive, 15 to 30, inclusive, 31 to 54,

150-33   inclusive, 55 to 80.3, inclusive, 80.5, 80.6, 80.7 and 84 of this act,

150-34   and subsection 1 of section 81 of this act,] 78 and 79 of this act

150-35   expire by limitation on June 30, 1999.

150-36     Sec. 40.  Section 3 of Assembly Bill No. 249 of this session is

150-37   hereby amended to read as follows:

150-38        Sec. 3.  NRS 422.2935 is hereby amended to read as follows:

150-39        422.2935  1.  Except as otherwise provided in this section[,

150-40   the welfare division shall,] and to the extent it is not prohibited by

150-41   federal law and when circumstances allow[:

150-42        (a) Recover] , the welfare division shall recover benefits

150-43   correctly paid for Medicaid from:

150-44                 [(1)] (a) The undivided estate of the person who received

150-45   those benefits; and

150-46                 [(2)] (b) Any recipient of money or property from the

150-47   undivided estate of the person who received those benefits.

150-48        [(b) Recover from the recipient of Medicaid or the person who

150-49   signed the application for Medicaid on behalf of the recipient an

151-1  amount not to exceed the benefits incorrectly paid to the recipient if

151-2  the person who signed the application:

151-3         (1) Failed to report any required information to the welfare

151-4   division which he knew at the time he signed the application; or

151-5         (2) Failed within the period allowed by the welfare division to

151-6   report any required information to the welfare division which he

151-7   obtained after he filed the application.]

151-8  2.  The welfare division shall not recover benefits pursuant to

151-9   [paragraph (a) of] subsection 1, except from a person who is

151-10   neither a surviving spouse nor a child, until after the death of the

151-11   surviving spouse, if any, and only at a time when the person who

151-12   received the benefits has no surviving child who is under 21 years

151-13   of age or is blind or permanently and totally disabled.

151-14        3.  Except as otherwise provided by federal law, if a transfer of

151-15   real or personal property by a recipient of Medicaid is made for

151-16   less than fair market value, the welfare division may pursue any

151-17   remedy available pursuant to chapter 112 of NRS with respect to

151-18   the transfer.

151-19        4.  The amount of Medicaid paid to or on behalf of a person is a

151-20   claim against the estate in any probate proceeding only at a time

151-21   when there is no surviving spouse or surviving child who is under

151-22   21 years of age or is blind or permanently and totally disabled.

151-23        5.  The state welfare administrator may elect not to file a claim

151-24   against the estate of a recipient of Medicaid or his spouse if he

151-25   determines that the filing of the claim will cause an undue hardship

151-26   for the spouse or other survivors of the recipient. The state welfare

151-27   administrator shall adopt regulations defining the circumstances

151-28   that constitute an undue hardship.

151-29        6.  Any recovery of money obtained pursuant to this section

151-30   must be applied first to the cost of recovering the money. Any

151-31   remaining money must be divided among the Federal Government,

151-32   the department and the county in the proportion that the amount of

151-33   assistance each contributed to the recipient bears to the total

151-34   amount of the assistance contributed.

151-35        7.  [An action to recover money owed to the department as a

151-36   result of the payment of benefits for Medicaid must be commenced

151-37   within 6 months after the cause of action accrues. A cause of

151-38   action accrues after all of the following events have occurred:

151-39        (a) The death of the recipient of Medicaid;

151-40        (b) The death of the surviving spouse of the recipient of

151-41   Medicaid;

151-42        (c) The death of all children of the recipient of Medicaid who

151-43   are blind or permanently and totally disabled as determined in

151-44   accordance with 42 U.S.C. § 1382c; and

151-45        (d) The arrival of all other children of the recipient of Medicaid

151-46   at the age of 21 years.] Any recovery by the welfare division from

151-47   the undivided estate of a recipient pursuant to this section must

151-48   be paid in cash to the extent of:

151-49        (a) The amount of Medicaid paid to or on behalf of the

151-50   recipient after October 1, 1993; or

152-1  (b) The value of the remaining assets in the undivided
estate,

152-2  whichever is less.

152-3  2.  Chapter 466, Statutes of Nevada 1999, at page 2248, is hereby

152-4   amended by adding thereto new sections to be designated as sections 51.1

152-5   to 51.4, inclusive, immediately following section 51, to read respectively

152-6   as follows:

152-7  Sec. 51.1.  Section 1 of chapter 93, Statutes of Nevada 1999, at

152-8   page 247, is hereby amended to read as follows:

152-9  Section 1.  NRS 422.304 is hereby amended to read as follows:

152-10        422.304  1.  The department, through the division of health

152-11   care financing and policy, shall pay, under the state plan for

152-12   Medicaid:

152-13        (a) A [freestanding] facility for hospice care licensed pursuant to

152-14   [NRS 449.030; or] chapter 449 of NRS for the services for

152-15   hospice care, including room and board, provided by that facility

152-16   to a person who is eligible to receive Medicaid.

152-17        (b) A program for hospice care licensed pursuant to [NRS

152-18   449.030,] chapter 449 of NRS for the services for hospice care

152-19   provided by that [facility or] program to a person who is eligible to

152-20   receive Medicaid.

152-21        2.  As used in this section:

152-22        (a) [“Freestanding facility] “Facility for hospice care” has the

152-23   meaning ascribed to it in [NRS 449.006.] section 3 of this act.

152-24        (b) “Hospice care” has the meaning ascribed to it in NRS

152-25   449.0115.

152-26     Sec. 51.2.  Section 18 of chapter 351, Statutes of Nevada 1999, at

152-27   page 1430, is hereby amended to read as follows:

152-28        Sec. 18.  [1.]  This section and sections 1 to 4, inclusive, 6, 8,

152-29   9 and 11 to 17, inclusive, of this act become effective upon passage

152-30   and approval.

152-31        [2.  Sections 4, 6 and 9 of this act expire by limitation on June

152-32   30, 1999.

152-33        3.  Sections 5, 7 and 10 of this act become effective at 12:01

152-34   a.m. on July 1, 1999.]

152-35     Sec. 51.3.  Section 3 of chapter 631, Statutes of Nevada 1999, at

152-36   page 3518, is hereby amended to read as follows:

152-37        Sec. 3.  NRS 200.5093 is hereby amended to read as follows:

152-38        200.5093  1.  [A person required to make a report pursuant to

152-39   this section shall make the report immediately, but in no event later

152-40   than 24 hours after there is reason to believe that an older person

152-41   has been abused, neglected, exploited or isolated. The report must

152-42   be made to:

152-43        (a)] Any person who is described in subsection 4 and who, in

152-44   his professional or occupational capacity, knows or has

152-45   reasonable cause to believe that an older person has been

152-46   abused, neglected, exploited or isolated shall:

152-47        (a) Except as otherwise provided in subsection 2, report the

152-48   abuse, neglect, exploitation or isolation of the older person to:

153-1         (1) The local office of the aging services division of the

153-2  department of human resources;

153-3  [(b)] (2) A police department or sheriff’s office;

153-4  [(c)] (3) The county’s office for protective services, if one exists

153-5   in the county where the suspected action occurred; or

153-6  [(d)] (4) A toll-free telephone service designated by the aging

153-7   services division of the department of human resources[.

153-8  If the report of] ; and

153-9  (b) Make such a report as soon as reasonably practicable but

153-10   not later than 24 hours after the person knows or has reasonable

153-11   cause to believe that the older person has been abused, neglected,

153-12   exploited or isolated.

153-13        2.  If a person who is required to make a report pursuant to

153-14   subsection 1 knows or has reasonable cause to believe that the

153-15   abuse, neglect, exploitation or isolation of [an] the older person

153-16   involves an act or omission of the aging services division, another

153-17   division of the department of human resources or a law

153-18   enforcement agency, the person shall make the report [must be

153-19   made] to an agency other than the one alleged to have committed

153-20   the act or omission.

153-21        3.  Each agency, after reducing [the] a report to writing, shall

153-22   forward a copy of the report to the aging services division of the

153-23   department of human resources.

153-24        [2.  Reports]

153-25        4.  A report must be made pursuant to subsection 1 by the

153-26   following persons : [who, in their professional or occupational

153-27   capacities, know or have reason to believe that an older person is

153-28   being or has been abused, neglected, exploited or isolated:]

153-29        (a) Every physician, dentist, dental hygienist, chiropractor,

153-30   optometrist, podiatric physician, medical examiner, resident,

153-31   intern, professional or practical nurse, physician’s assistant,

153-32   psychiatrist, psychologist, marriage and family therapist, alcohol or

153-33   drug abuse counselor, driver of an ambulance, advanced

153-34   emergency medical technician or other person providing medical

153-35   services licensed or certified to practice in this state, who

153-36   examines, attends or treats an older person who appears to have

153-37   been abused, neglected, exploited or isolated.

153-38        (b) Any personnel of a hospital or similar institution engaged in

153-39   the admission, examination, care or treatment of persons or an

153-40   administrator, manager or other person in charge of a hospital or

153-41   similar institution upon notification of the suspected abuse,

153-42   neglect, exploitation or isolation of an older person by a member of

153-43   the staff of the hospital.

153-44        (c) A coroner.

153-45        (d) Every clergyman, practitioner of Christian Science or

153-46   religious healer, unless he acquired the knowledge of abuse,

153-47   neglect, exploitation or isolation of the older person from the

153-48   offender during a confession.

153-49        (e) Every person who maintains or is employed by an agency to

153-50   provide nursing in the home.

154-1  (f) Every attorney, unless he has acquired the knowledge of

154-2  abuse, neglect, exploitation or isolation of the older person from a

154-3   client who has been or may be accused of such abuse, neglect,

154-4   exploitation or isolation.

154-5  (g) Anyemployee of the department of human resources.

154-6  (h) Anyemployee of a law enforcement agency or a county’s

154-7   office for protective services or an adult or juvenile probation

154-8   officer.

154-9  (i) Anyperson who maintains or is employed by a facility or

154-10   establishment that provides care for older persons.

154-11        (j) Anyperson who maintains, is employed by or serves as a

154-12   volunteer for an agency or service which advises persons regarding

154-13   the abuse, neglect, exploitation or isolation of an older person and

154-14   refers them to persons and agencies where their requests and needs

154-15   can be met.

154-16        (k) Every social worker.

154-17        (l) Any person who owns or is employed by a funeral home or

154-18   mortuary.

154-19        [3.] 5.  A report may be [filed] made by any other person.

154-20        [4.  A]

154-21        6.  If a person who is required to make a report pursuant to [this

154-22   section who] subsection 1 knows or has reasonable cause to

154-23   believe that an older person has died as a result of abuse, neglect or

154-24   isolation , the person shall , as soon as reasonably practicable,

154-25   report this belief to the appropriate medical examiner or coroner,

154-26   who shall investigate the cause of death of the older person and

154-27   submit to the appropriate local law enforcement agencies, the

154-28   appropriate prosecuting attorney and the aging services division of

154-29   the department of human resources his written findings. The

154-30   written findings must include the information required pursuant to

154-31   the provisions of NRS 200.5094, when possible.

154-32        [5.] 7.  A division, office or department which receives a report

154-33   pursuant to this section shall cause the investigation of the report to

154-34   commence within 3 working days. A copy of the final report of the

154-35   investigation conducted by a division, office or department, other

154-36   than the aging services division of the department of human

154-37   resources, must be forwarded to the aging services division within

154-38   90 days after the completion of the report.

154-39        [6.] 8.  If the investigation of [the] a report results in the belief

154-40   that [the] an older person is abused, neglected, exploited or

154-41   isolated, the aging services division of the department of human

154-42   resources or the county’s office for protective services may

154-43   provide protective services to the older person if he is able and

154-44   willing to accept them.

154-45        [7.] 9.  A person who knowingly and willfully violates any of

154-46   the provisions of this section is guilty of a misdemeanor.

155-1  Sec. 51.4.  Section 48 of chapter 105, Statutes of Nevada 1999, at

155-2  page 469, sections 5, 7 and 10 of chapter 351, Statutes of Nevada

155-3   1999, at pages 1426, 1427 and 1428, respectively, and section 3 of

155-4   chapter 537, Statutes of Nevada 1999, at page 2754, are hereby

155-5   repealed.

155-6  Sec. 94.  1.  Sections 75, 184, 354, 455, 457 and 516 of chapter 467,

155-7   Statutes of Nevada 1999, at pages 2255, 2279, 2332, 2358, 2359 and 2378,

155-8   respectively, are hereby amended to read respectively as follows:

155-9  Sec. 75.  NRS 133.050 is hereby amended to read as follows:

155-10     133.050  1.  Any or all of the attesting witnesses to any will may

155-11   [, at the request of the testator, make and] sign an affidavit before any

155-12   person authorized to administer oaths in or out of the state, stating

155-13   such facts as they would be required to testify to in court to prove the

155-14   will. The affidavit must be written on the will[,] or, if that is

155-15   impracticable, on some paper attached thereto. The sworn statement

155-16   of any witness so taken must be accepted by the court [of probate] as

155-17   if it had been taken before the court.

155-18     2.  The affidavit described in subsection 1 may be substantially in

155-19   form as follows:

 

155-20  State of Nevada   }

155-21                              }ss.

155-22  County of..... }

 

155-23                                       (Date)......................

 

155-24     Then and there personally appeared [the within-named] ................

155-25   and ................., who, being duly sworn, depose and say: That they

155-26   witnessed the execution of the [within] foregoing will of the [within

155-27  -named] testator, ................; that the testator subscribed the will and

155-28   declared [the same] it to be his last will and testament in their

155-29   presence; that they thereafter subscribed the [same] will as witnesses

155-30   in the presence of the testator and in the presence of each other and at

155-31   the request of the testator; and that the testator at the time of the

155-32   execution of the will appeared to them to be of full age and of sound

155-33   mind and memory . [, and that they make this affidavit at the request

155-34   of the testator.]

 

155-35                                                                        ...............................

155-36                                                 Affiant

155-37                                                                        ...............................

155-38                                                 Affiant

155-39  Subscribed and sworn to before me this .....

155-40  day of [........, 19...] the month of …………of the year…….

 

155-41  ...........................

155-42  Notary Public

 

156-1  Sec. 184.  NRS 141.020 is hereby amended to read as follows:

156-2  141.020  Letters testamentary may be in substantially the

156-3   following form , [(]after properly entitling the court [and cause):

156-4   “The last will of ................, deceased, having been duly admitted to

156-5   probate in our court, ................, who is named therein, was by our

156-6   court on the ..... day of ........, ........, duly appointed executor, who,

156-7   having qualified as such, is hereby authorized to act by virtue thereof.

156-8   In testimony whereof, I have officially signed these letters and

156-9   affixed hereto the seal of the court, this ..... day of ........, ........”] :

 

156-10  In the Matter of the Estate of  )

156-11                                  )          Case No.

156-12                                  )

156-13  deceased.                  )          Letters Testamentary

156-14                                  )

 

156-15     On ........... (day) ........... (month) ........... (year), the court entered

156-16   an order admitting the decedent’s will to probate and appointing

156-17         (name)       as executor of the decedent’s estate. The order

156-18   includes:

156-19     [ ] a directive for the establishment of a blocked account for

156-20   sums in excess of $...........;

156-21     [ ] a directive for the posting of a bond in the sum of $...........; or

156-22     [ ] a directive for both the establishment of a blocked account for

156-23   sums in excess of $........... and the posting of a bond in the sum of

156-24   $............

156-25     The executor, after being duly qualified, may act and has the

156-26   authority and duties of an executor.

156-27     In testimony of which, I have this date signed these letters and

156-28   affixed the seal of the court.

156-29     CLERK OF THE COURT

156-30     By ............................        

156-31     Deputy Clerk        (date)

 

156-32  OATH

156-33     I,................................................................................, whose mailing

156-34   address is

156-35   .............................................................................................., solemnly

156-36   affirm that I will faithfully perform according to law the duties of

156-37   executor, and that all matters stated in any petition or paper filed

156-38   with the court by me are true of my own knowledge or, if any

156-39   matters are stated on information and belief, I believe them to be

156-40   true.

156-41  ....................................                

156-42       Executor

156-43  SUBSCRIBED AND AFFIRMED before me this .............. (day) of

156-44   ...................... (month) of ........... (year).

 

156-45                                  CLERK OF COURT

156-46                                   By ..............................

156-47                                  Deputy Clerk

157-1                                    (or) .............................

157-2                                   NOTARY PUBLIC

157-3                                   County of .....…... State of

 

157-4  Sec. 354.  NRS 150.080 is hereby amended to read as follows:

157-5  150.080  [1.  Whenever] Within 6 months after the appointment

157-6   of a personal representative, or sooner if required by the court , [or a

157-7   judge thereof, either] upon its [or his] own motion[,] or upon the

157-8   [application of any person interested in the estate, the executor or

157-9   administrator must render and] petition of an interested person, a

157-10   personal representative shall file with the clerk [a] the first, verified

157-11   account, showing:

157-12     [(a)] 1.  The amount of money received and expended by him.

157-13     [(b)] 2.  The claims filed or presented against the estate, giving

157-14   the name of each claimant, the nature of his claim, when it became

157-15   due or will become due, whether it was allowed or rejected by him ,

157-16   or not yet acted upon.

157-17     [(c)] 3.  All other matters necessary to show the condition of the

157-18   estate.

157-19     [2.  If he neglects or refuses to appear and render such account

157-20   after having been duly cited, an attachment may be issued against

157-21   him and such accounting compelled, or his letters may be revoked, or

157-22   both, in the discretion of the court or judge.]

157-23     Sec. 455.  1.  If through inadvertence or mistake an order

157-24   entered fails to state correctly the order made by the court, and the

157-25   inadvertence or mistake is brought to the attention of the court by

157-26   petition or the court acts on its own motion, the court may enter an

157-27   order nunc pro tunc correcting the previous order.

157-28     2.  The order nunc pro tunc must be in the form of an amended

157-29   order and bear the caption “Amended Order of .....” The body of

157-30   the amended order must be identical to the order being corrected,

157-31   except for the correction, and conclude with language substantially

157-32   as follows: “This is an order nunc pro tunc correcting the previous

157-33   order of ...., dated .....”

157-34     3.  If the order to be amended is many pages in length, the court

157-35   may cause to be filed a document captioned “Amendment to Order

157-36   of ....” which addresses only the correction, together with sufficient

157-37   language to identify the correction, and concludes with the same

157-38   language as an amended order. Such an amendment to an order

157-39   must be accompanied by a petition, or an affidavit of counsel,

157-40   specifying the reasons for the correction.

157-41     4.  The original order may not be physically changed, but must

157-42   be used in conjunction with the order nunc pro tunc correcting it.

157-43   In making corrections in the amendment document, a complete

157-44   clause or sentence must be stricken and replaced, even if the only

157-45   change is to correct a single word or figure.

157-46     Sec. 457.  NRS 155.020 is hereby amended to read as follows:

157-47     155.020  1.  Notice of a petition for the probate of a will and the

157-48   issuance of letters [testamentary or for letters of administration] and

157-49   the notice to creditors must be given to:

158-1  (a) The persons respectively entitled thereto, including the state

158-2  welfare administrator, as provided in NRS 155.010; and

158-3  (b) The public, including creditors whose names and addresses are

158-4   not readily ascertainable, by publication on three dates of publication

158-5   before the hearing, and if the newspaper is published more than once

158-6   each week

 , there must be at least 10 days from the first to last dates

158-7   of publication, including both the first and last days.

158-8  2.  Every publication required by this section must be made in a

158-9   newspaper [printed] published

 in the county where the proceedings

158-10   are pending, but if there is not such a newspaper, then in one having

158-11   general circulation in that county.

158-12     3.  The notice of the hearing upon the petition to administer the

158-13   estate must be in substantially the following form:

 

158-14  NOTICE OF THE HEARING UPON THE PETITION TO

158-15  ADMINISTER THE ESTATE

 

158-16     Notice is hereby given that ................................ has filed in this

158-17   court a petition for the probate of a will and for letters testamentary,

158-18   or for letters of administration, of the estate of ................................,

158-19   deceased, and a hearing has been set for the .......... day of [................,

158-20   19......,]

 the month of…………, of the year……, at .......... (a.m. or

158-21   p.m.) at the courthouse of the above-entitled court. All persons

158-22   interested in the estate are notified to appear and show cause why the

158-23   petition should not be granted.

158-24  ........................... Dated         

 

158-25     4.  As soon as practicable after appointment, [every executor or

158-26   administrator] a personal representative

 shall, in addition to

158-27   publishing the notice to creditors, mail a copy of the notice to those

158-28   creditors whose names and addresses are readily ascertainable as of

158-29   the date of first publication of the notice

 and who have not already

158-30   filed a claim. The notice must be in substantially the following form:

 

158-31  NOTICE TO CREDITORS

 

158-32     Notice is hereby given that the undersigned has been appointed and

158-33   qualified by the (giving the title of the court and the date of

158-34   appointment) as [executor or administrator (as the case may be)]

158-35 

 personal representative of the estate of ................................,

158-36   deceased. All creditors having claims against the estate are required

158-37   to file the claims with the clerk of the court within .......... (60 or 90)

158-38   days after the mailing or the first publication (as the case may be) of

158-39   this notice.

158-40  ........................... Dated         

 

158-41     5.  If before the last day for the filing of a creditor’s claim under

158-42   NRS 147.040, the personal representative discovers the existence of

158-43   a creditor who was not readily ascertainable at the time of first

159-1  publication of the notice to creditors, the personal representative

159-2  shall immediately mail a copy of the notice to the creditor.

159-3  Sec. 516.  NRS 164.040 is hereby amended to read as follows:

159-4  164.040  [Nothing in NRS 164.010 and 164.030 shall be deemed

159-5   to limit or abridge]

159-6 

1.  NRS 164.010 and section 512 of this act do not limit or

159-7   abridge

 the power or jurisdiction of the district court over trusts and

159-8   trustees.

159-9 

2.  The court may enter any order or take any other action

159-10   necessary or proper to dispose of the matters presented by a

159-11   petition, including the appointment of a temporary trustee to

159-12   administer the trust in whole or in part.

159-13     2. Chapter 467, Statutes of Nevada 1999, at page 2365, is hereby

159-14   amended by adding thereto new sections to be designated as sections

159-15   474.1 to 474.8, inclusive, immediately following section 474, to read

159-16   respectively as follows:

159-17     Sec. 474.1.  NRS 156.010 is hereby amended to read as follows:

159-18     156.010  If any resident of this state, who owns or is entitled to the

159-19   possession of any real or personal property situate therein, is missing,

159-20   or his whereabouts is unknown, for 90 days or more, and a [verified]

159-21   petition is presented to the district court of the county in which his

159-22   last known residence was located by any member of his family or any

159-23   friend, representing that his whereabouts has been, for such time, and

159-24   still is, unknown, and that his estate requires attention, supervision

159-25   and care of ownership, the court shall order such petition to be filed,

159-26   and appoint a day for its hearing, not less than 10 days from the date

159-27   of the order.

159-28     Sec. 474.2.  NRS 156.080 is hereby amended to read as follows:

159-29     156.080  1.  The trustee may sell any of the personal property or

159-30   sell, mortgage or give a deed of trust upon any of the real property of

159-31   the missing person when the court considers such an action to be in

159-32   the best interest of the estate and all parties concerned, including

159-33   [legatees and] devisees and those who would be, in case of the death

159-34   of the missing person, the heirs at law. For that purpose, the trustee

159-35   may file a petition with the court asking for an order authorizing such

159-36   a sale, mortgage or deed of trust.

159-37     2.  The clerk shall set the petition for hearing and give notice of

159-38   the hearing, in the manner prescribed in NRS 155.010, to the persons

159-39   described in that section and to:

159-40     (a) Each of the persons who would be heirs at law of the missing

159-41   person if he were dead; and

159-42     (b) If it appears that the missing person left a will, each [legatee

159-43   and] devisee mentioned therein.

159-44     3.  If the address of any such person is unknown, the notice must

159-45   be mailed by registered or certified mail to that person at the county

159-46   seat of the county in which the court is held, and the trustee shall file

159-47   his affidavit showing that the address is unknown and stating what

159-48   efforts he has made to learn the address.

160-1  Sec. 474.3.  NRS 156.140 is hereby amended to read as follows:

160-2  156.140  1.  If a [verified] petition is presented to the court

160-3   having jurisdiction, as provided in NRS 156.130, by his spouse or

160-4   any of his family or friends, representing that his whereabouts has

160-5   been for the required period and still is unknown and that he left an

160-6   estate which requires administration, the clerk of the court shall

160-7   appoint a day for hearing the petition, not less than 3 months from the

160-8   date of filing.

160-9  2.  The petition may be for administration of the estate or probate

160-10   of the will of the person, as the case may be, and must be verified to

160-11   the best knowledge and belief of the petitioner.

160-12     3.  The petition must set forth a statement of facts as required in

160-13   the case of administration of estates of deceased persons and must

160-14   contain allegations as to the last known place of residence of the

160-15   missing person, when he disappeared therefrom, the fact that he has

160-16   not been heard from by the person most likely to hear, naming the

160-17   person and his relationship, for a period of 3 years or more, and the

160-18   fact that his whereabouts is unknown to the person and the petitioner.

160-19     Sec. 474.4.  NRS 156.180 is hereby amended to read as follows:

160-20     156.180  No distribution of the property of the missing person to

160-21   the heirs[, devisees or legatees] or devisees of the missing person

160-22   may be made until the lapse of 1 year after the appointment and

160-23   qualification of the executor or administrator, unless the distributee

160-24   gives a bond in a penal sum not less than the value of the property

160-25   distributed and for such additional amount as the court prescribes,

160-26   conditioned for the return of the property or the value thereof to the

160-27   personal representative of the estate in case the missing person be

160-28   adjudicated to be still living since the commencement of the 3-year

160-29   period, and also conditioned to save the personal representative of

160-30   the estate harmless from the damages and expenses of all suits

160-31   brought by the missing person or anyone succeeding to his rights, by

160-32   reason of the distribution during the period of 1 year.

160-33     Sec. 474.5.  NRS 156.190 is hereby amended to read as follows:

160-34     156.190  1.  If any person, within 1 year after the appointment

160-35   and qualification of a personal representative, files a [verified]

160-36   petition, claiming to be the missing person, and causes a copy of the

160-37   petition to be served personally or by registered or certified mail

160-38   upon the personal representative and upon each of the persons

160-39   entitled to share in the estate of the missing person upon the death of

160-40   the missing person, and the [legatees and] devisees, the court shall

160-41   determine the identity of the claimant at a hearing for that purpose.

160-42     2.  The court may, upon application or of its own motion, require

160-43   the claimant to give security to be approved by the court for all costs

160-44   and expenses involved in the hearing and ultimate determination of

160-45   the action, in case the outcome of the hearing be adverse to the

160-46   claimant.

160-47     3.  The petition must set forth the facts and circumstances of the

160-48   claimant’s disappearance and continued absence, and other facts and

160-49   circumstances upon which he relies for his identification.

161-1  Sec. 474.6.  NRS 156.210 is hereby amended to read as follows:

161-2  156.210  1.  If any other person within 1 year after the

161-3   appointment and qualification of the representative files a [verified]

161-4   petition claiming that the missing person died subsequent to the

161-5   commencement of the 3‑year period provided herein, and the

161-6   petitioner is entitled to the property in the estate, or any portion

161-7   thereof, as successor in interest to the rights of the missing person,

161-8   and if the petitioner causes a copy of the petition to be served

161-9   personally or by registered or certified mail upon the personal

161-10   representative of the estate and upon each of the heirs [, legatees] and

161-11   devisees, the court shall determine the truth of the facts claimed in

161-12   the petition.

161-13     2.  The court may, upon application or on its own motion, require

161-14   the claimant to give security to be approved by the court for all costs

161-15   and expenses involved in the hearing and determination of the truth

161-16   of the facts contained in the petition, in case the hearing [be] is

161-17   decided adverse to the claimant.

161-18     3.  If the hearing [be] is decided in favor of the claimant, the court

161-19   shall make and enter such order as the circumstances require.

161-20     Sec. 474.7.  NRS 156.220 is hereby amended to read as follows:

161-21     156.220  1.  If no claims are made during the 1-year period by

161-22   any person claiming to be the missing person or a person claiming to

161-23   have succeeded to the rights of that person, a conclusive presumption

161-24   arises that the missing person died before the filing of the petition for

161-25   the administration of his estate or the probate of his will.

161-26     2.  In such event , the estate must be finally distributed

161-27   accordingly, so far as the same has not already been accomplished,

161-28   and the court shall order the estate closed and all liability of sureties,

161-29   the personal representative and the distributees ended, and all bonds

161-30   canceled.

161-31     Sec. 474.8.  NRS 156.240 is hereby amended to read as follows:

161-32     156.240  No claims against the estate of a missing person, or

161-33   against the personal representative of the estate or any surety or

161-34   distributee may be brought by any person, including the missing

161-35   person and persons claiming under him, after the expiration of 5

161-36   years from the date of disappearance as determined in the manner

161-37   provided in NRS 156.160.

161-38     Sec. 95.  Section 4 of chapter 471, Statutes of Nevada 1999, at page

161-39   2390, is hereby amended to read as follows:

161-40     Sec. 4.  The criteria adopted by the state public works board or a

161-41   governing body pursuant to section 3 of this act to determine

161-42   whether an applicant is qualified to bid on a contract for a public

161-43   work:

161-44     1.  Must be adopted in such a form that the determination of

161-45   whether an applicant is qualified to bid on a contract for a public

161-46   work does not require or allow the exercise of discretion by any one

161-47   person.

161-48     2.  May include only:

161-49     (a) The financial ability of the applicant to perform the contract;

161-50     (b) The principal personnel of the applicant;

162-1  (c) Whether the applicant has breached any contracts with a

162-2  public agency or person in this state or any other state; and

162-3  (d) Whether the applicant has been disqualified from being

162-4   awarded the contract pursuant to NRS 338.017 or section 10 of this

162-5   act.

162-6  Sec. 96.  Sections 1 and 14 of chapter 475, Statutes of Nevada 1999, at

162-7   pages 2412 and 2417, respectively, are hereby amended to read

162-8   respectively as follows:

162-9  Section 1.  NRS 616A.465 is hereby amended to read as follows:

162-10     616A.465  1.  Except as otherwise provided in this section, the

162-11   division shall:

162-12     (a) Regulate insurers pursuant to chapters 616A to 617, inclusive,

162-13   of NRS;

162-14     (b) Investigate insurers regarding compliance with statutes and the

162-15   division’s regulations;

162-16     (c) Determine whether an employee leasing company is entitled to

162-17   a certificate of registration pursuant to NRS 616B.673; and

162-18     (d) Regulate employee leasing companies pursuant to the

162-19   provisions of NRS 616B.670 to 616B.697, inclusive.

162-20     2.  The commissioner is responsible for reviewing rates,

162-21   investigating the solvency of insurers, authorizing private carriers

162-22   pursuant to chapter 680A of NRS and certifying:

162-23     (a) Self-insured employers pursuant to NRS 616B.300 to

162-24   616B.330, inclusive, and 616B.336;

162-25     (b) Associations of self-insured public or private employers

162-26   pursuant to NRS 616B.350 to 616B.446, inclusive; and

162-27     (c) Third-party administrators pursuant to chapter 683A of NRS.

162-28     3.  The department of administration is responsible for contested

162-29   claims relating to industrial insurance pursuant to NRS 616C.310 to

162-30   616C.385, inclusive. The administrator is responsible for

162-31   administrative appeals pursuant to NRS 616B.215.

162-32     4.  The Nevada attorney for injured workers is responsible for

162-33   legal representation of claimants pursuant to NRS 616A.435 to

162-34   616A.460, inclusive, and 616D.120.

162-35     5.  The division is responsible for the investigation of complaints.

162-36   If a complaint is filed with the division, the administrator shall cause

162-37   to be conducted an investigation which includes a review of relevant

162-38   records and interviews of affected persons. If the administrator

162-39   determines that a violation may have occurred, the administrator shall

162-40   proceed in accordance with the provisions of NRS 616D.120 and

162-41   616D.130.

162-42     6.  As used in this section, “employee leasing company” has the

162-43   meaning ascribed to it in NRS 616B.670.

162-44     Sec. 14.  1.  This section and section 12 of this act become

162-45   effective on July 1, 1999.

162-46     2.  Sections [1]

2 to 5, inclusive, and 13 of this act become

162-47   effective at 12:01 a.m. on July 1, 1999.

162-48     3.  Section 1 of this act becomes effective at 12:02 a.m. on
July 1, 1999.

163-1  Sec. 97.  1.  Section 32 of chapter 477, Statutes of Nevada 1999, at

163-2  page 2432, is hereby amended to read as follows:

163-3  Sec. 32.  1.  This section and section 28 of this act become

163-4   effective upon passage and approval.

163-5  2.  Sections 1 to 17, inclusive, 19 to [27,] 27.1,

 inclusive, 29 and

163-6   30 of this act become effective on July 1, 1999.

163-7  3.  [Sections 18 and 31] Section 18

 of this act [become] becomes

163-8 

 effective at 12:01 a.m. on July 1, 1999.

163-9  4.  Section 31 of this act becomes effective at 12:02 a.m. on
July 1, 1999.

163-10     2.  Chapter 477, Statutes of Nevada 1999, at page 2431, is hereby

163-11   amended by adding thereto a new section to be designated as section 27.1,

163-12   immediately following section 27, to read as follows:

163-13     Sec. 27.1.  Section 2 of chapter 333, Statutes of Nevada 1999, at

163-14   page 1378, is hereby amended to read as follows:

163-15        Sec. 2.  Chapter [481] 289 of NRS is hereby amended by

163-16   adding thereto a new section to read as follows:

163-17        As a condition of the certification of each peace officer, the

163-18   peace officers’ standards and training [committee]

 commission

163-19   shall require each peace officer to be trained in dealing with the

163-20   crimes of stalking and aggravated stalking, including, without

163-21   limitation:

163-22        1.  The manner in which a report from a person who claims to

163-23   be a victim of stalking or aggravated stalking should be taken;

163-24        2.  The proper method of carrying out an investigation of

163-25   alleged stalking or aggravated stalking; and

163-26        3.  The elements of the crimes of stalking and aggravated

163-27   stalking.

163-28     Sec. 98.  Sections 5, 7 to 11, inclusive, 13, 15, 19, 20, 25, 28 to 31,

163-29   inclusive, 33, 34, 37, 38 and 41 of chapter 480, Statutes of Nevada 1999,

163-30   at pages 2450 to 2453, inclusive, 2455, 2457, 2459, 2461, 2463 to 2469,

163-31   inclusive, and 2471, are hereby amended to read respectively as follows:

163-32     Sec. 5.  NRS 483.922 is hereby amended to read as follows:

163-33     483.922  1.  Except as otherwise provided in NRS 484.383, a

163-34   person who drives, operates or is in actual physical control of a

163-35   commercial motor vehicle within this state shall be deemed to have

163-36   given consent to an evidentiary test of his blood, urine, breath or

163-37   other bodily substance for the purpose of determining the [alcoholic

163-38   content] concentration

 of alcohol in his blood or breath or to detect

163-39   the presence of a controlled substance, chemical, poison, organic

163-40   solvent or another prohibited substance.

163-41     2.  The tests must be administered pursuant to NRS 484.383 at the

163-42   direction of a police officer who, after stopping or detaining such a

163-43   person, has reasonable grounds to believe that the person was:

163-44     (a) Driving, operating or in actual physical control of a commercial

163-45   motor vehicle while under the influence of intoxicating liquor or a

163-46   controlled substance; or

163-47     (b) Engaging in any other conduct prohibited by NRS 484.379 or

163-48   484.3795.

164-1  3.  As used in this section, “prohibited substance” has the meaning

164-2  ascribed to it in section 20 of [this act.]

 Senate Bill No. 481 of this

164-3   session.

164-4  Sec. 7.  NRS 484.379 is hereby amended to read as follows:

164-5  484.379  1.  It is unlawful for any person who:

164-6  (a) Is under the influence of intoxicating liquor;

164-7  (b) Has [0.10 percent] a concentration of alcohol of 0.10

 or more

164-8   [by weight of alcohol] in his blood

 [;] or breath; or

164-9  (c) Is found by measurement within 2 hours after driving or being

164-10   in actual physical control of a vehicle to have a concentration of

164-11   alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood

164-12 

 [,]or breath,

164-13  to drive or be in actual physical control of a vehicle on a highway or

164-14   on premises to which the public has access.

164-15     2.  It is unlawful for any person who:

164-16     (a) Is under the influence of a controlled substance;

164-17     (b) Is under the combined influence of intoxicating liquor and a

164-18   controlled substance; or

164-19     (c) Inhales, ingests, applies or otherwise uses any chemical, poison

164-20   or organic solvent, or any compound or combination of any of these,

164-21   to a degree which renders him incapable of safely driving or

164-22   exercising actual physical control of a vehicle,

164-23  to drive or be in actual physical control of a vehicle on a highway or

164-24   on premises to which the public has access. The fact that any person

164-25   charged with a violation of this subsection is or has been entitled to

164-26   use that drug under the laws of this state is not a defense against any

164-27   charge of violating this subsection.

164-28     3.  It is unlawful for any person to drive or be in actual physical

164-29   control of a vehicle on a highway or on premises to which the public

164-30   has access with an amount of a prohibited substance in his blood or

164-31   urine that is equal to or greater than:

 

164-32  Prohibited substance   Urine            Blood

164-33                             Nanograms per Nanograms per

164-34                                   milliliter         milliliter

164-35  (a) Amphetamine           500              100

164-36  (b) Cocaine                   150                50

164-37  (c) Cocaine metabolite   150                50

164-38  (d) Heroin                  2,000                50

164-39  (e) Heroin metabolite:         

164-40                        (1) Morphine           2,000  50

164-41  (2) 6-monoacetyl morphine                10  10

164-42  (f) Lysergic acid diethylamide             25  10

164-43  (g) Marijuana                   10                 2

164-44  (h) Marijuana metabolite  15                 5

164-45  (i) Methamphetamine     500              100

164-46  (j) Phencyclidine             25                10

 

164-47     4.  If consumption is proven by a preponderance of the evidence,

164-48   it is an affirmative defense under paragraph (c) of subsection 1 that

165-1  the defendant consumed a sufficient quantity of alcohol after driving

165-2  or being in actual physical control of the vehicle, and before his blood

165-3   or breath

 was tested, to cause [the] him to have a concentration of

165-4 

 alcohol of 0.10 or morein his blood [to equal or exceed 0.10

165-5   percent.] or breath.

 A defendant who intends to offer this defense at a

165-6   trial or preliminary hearing must, not less than 14 days before the

165-7   trial or hearing or at such other time as the court may direct, file and

165-8   serve on the prosecuting attorney a written notice of that intent.

165-9  Sec. 8.  NRS 484.37943 is hereby amended to read as follows:

165-10     484.37943  1.  If a person is found guilty of a first violation, if

165-11   the [weight] concentration

 of alcohol in the defendant’s blood or

165-12   breath

 at the time of the offense was 0.18 [percent] or more, or any

165-13   second violation of NRS 484.379 within 7 years, the court shall,

165-14   before sentencing the offender, require an evaluation of the offender

165-15   pursuant to subsection 3, 4 or 5 to determine whether he is an abuser

165-16   of alcohol or other drugs.

165-17     2.  If a person is convicted of a first violation of NRS 484.379 and

165-18   he is under 21 years of age at the time of the violation, the court shall,

165-19   before sentencing the offender, require an evaluation of the offender

165-20   pursuant to subsection 3, 4 or 5 to determine whether he is an abuser

165-21   of alcohol or other drugs.

165-22     3.  Except as otherwise provided in subsection 4 or 5, the

165-23   evaluation of an offender pursuant to this section must be conducted

165-24   at an evaluation center by:

165-25     (a) An alcohol and drug abuse counselor who is licensed or

165-26   certified pursuant to sections 2 to 44, inclusive, of [this act] Senate

165-27   Bill No. 210 of this session

 to make that evaluation; or

165-28     (b) A physician who is certified to make that evaluation by the

165-29   board of medical examiners,

165-30  who shall report to the court the results of the evaluation and make a

165-31   recommendation to the court concerning the length and type of

165-32   treatment required for the offender.

165-33     4.  The evaluation of an offender who resides more than 30 miles

165-34   from an evaluation center may be conducted outside an evaluation

165-35   center by a person who has the qualifications set forth in subsection

165-36   3. The person who conducts the evaluation shall report to the court

165-37   the results of the evaluation and make a recommendation to the court

165-38   concerning the length and type of treatment required for the offender.

165-39     5.  The evaluation of an offender who resides in another state may,

165-40   upon approval of the court, be conducted in the state where the

165-41   offender resides by a physician or other person who is authorized by

165-42   the appropriate governmental agency in that state to conduct such an

165-43   evaluation. The offender shall ensure that the results of the evaluation

165-44   and the recommendation concerning the length and type of treatment

165-45   for the offender are reported to the court.

165-46     6.  An offender who is evaluated pursuant to this section shall pay

165-47   the cost of the evaluation. An evaluation center or a person who

165-48   conducts an evaluation in this state outside an evaluation center shall

165-49   not charge an offender more than $100 for the evaluation.

166-1  Sec. 9.  NRS 484.3795 is hereby amended to read as follows:

166-2  484.3795  1.  A person who:

166-3  (a) Is under the influence of intoxicating liquor;

166-4  (b) Has

a concentration of alcohol of 0.10 [percent] or more [by

166-5   weight of alcohol] in his blood

 [;]or breath;

166-6  (c) Is found by measurement within 2 hours after driving or being

166-7   in actual physical control of a vehicle to have a concentration of

166-8   alcohol

 of 0.10 [percent] or more [by weight of alcohol] in his blood

166-9 

 [;]or breath;

166-10     (d) Is under the influence of a controlled substance or is under the

166-11   combined influence of intoxicating liquor and a controlled substance;

166-12     (e) Inhales, ingests, applies or otherwise uses any chemical, poison

166-13   or organic solvent, or any compound or combination of any of these,

166-14   to a degree which renders him incapable of safely driving or

166-15   exercising actual physical control of a vehicle; or

166-16     (f) Has a prohibited substance in his blood or urine in an amount

166-17   that is equal to or greater than the amount set forth in subsection 3 of

166-18   NRS 484.379,

166-19  and does any act or neglects any duty imposed by law while driving or

166-20   in actual physical control of any vehicle on or off the highways of

166-21   this state, if the act or neglect of duty proximately causes the death

166-22   of, or substantial bodily harm to, a person other than himself, is guilty

166-23   of a category B felony and shall be punished by imprisonment in the

166-24   state prison for a minimum term of not less than 2 years and a

166-25   maximum term of not more than 20 years and must be further

166-26   punished by a fine of not less than $2,000 nor more than $5,000. A

166-27   person so imprisoned must, insofar as practicable, be segregated from

166-28   offenders whose crimes were violent and, insofar as practicable, be

166-29   assigned to an institution or facility of minimum security.

166-30          2.  A prosecuting attorney shall not dismiss a charge of violating

166-31   the provisions of subsection 1 in exchange for a plea of guilty, guilty

166-32   but mentally ill or nolo contendere to a lesser charge or for any other

166-33   reason unless he knows or it is obvious that the charge is not

166-34   supported by probable cause or cannot be proved at the time of trial.

166-35   A sentence imposed pursuant to subsection 1 may not be suspended

166-36   nor may probation be granted.

166-37          3.  If consumption is proven by a preponderance of the evidence,

166-38   it is an affirmative defense under paragraph (c) of subsection 1 that

166-39   the defendant consumed a sufficient quantity of alcohol after driving

166-40   or being in actual physical control of the vehicle, and before his

166-41   blood or breath

 was tested, to cause [the] him to have a

166-42   concentration of alcohol of 0.10 or more

 in his blood [to equal or

166-43   exceed 0.10 percent.]

 or breath. A defendant who intends to offer

166-44   this defense at a trial or preliminary hearing must, not less than 14

166-45   days before the trial or hearing or at such other time as the court may

166-46   direct, file and serve on the prosecuting attorney a written notice of

166-47   that intent.

166-48          4.  If the defendant was transporting a person who is less than 15

166-49   years of age in the motor vehicle at the time of the violation, the court

166-50   shall consider that fact as an aggravating factor in determining the

166-51   sentence of the defendant.

167-1           Sec. 10.  NRS 484.382 is hereby amended to read as follows:

167-2           484.382  1.  Any person who drives or is in actual physical

167-3   control of a vehicle on a highway or on premises to which the public

167-4   has access shall be deemed to have given his consent to a preliminary

167-5   test of his breath to determine the [alcoholic content of]

167-6   concentration of alcohol in

 his breath when the test is administered

167-7   at the direction of a police officer at the scene of a vehicle accident or

167-8   collision or where he stops a vehicle, if the officer has reasonable

167-9   grounds to believe that the person to be tested was:

167-10          (a) Driving or in actual physical control of a vehicle while under

167-11   the influence of intoxicating liquor or a controlled substance; or

167-12          (b) Engaging in any other conduct prohibited by NRS 484.379 or

167-13   484.3795.

167-14          2.  If the person fails to submit to the test, the officer shall seize

167-15   his license or permit to drive as provided in NRS 484.385 and arrest

167-16   him and take him to a convenient place for the administration of a

167-17   reasonably available evidentiary test under NRS 484.383.

167-18          3.  The result of the preliminary test must not be used in any

167-19   criminal action, except to show there were reasonable grounds to

167-20   make an arrest.

167-21          Sec. 11.  NRS 484.383 is hereby amended to read as follows:

167-22          484.383  1.  Except as otherwise provided in subsections 3 and 4,

167-23   any person who drives or is in actual physical control of a vehicle on

167-24   a highway or on premises to which the public has access shall be

167-25   deemed to have given his consent to an evidentiary test of his blood,

167-26   urine, breath or other bodily substance to determine the [alcoholic

167-27   content of] concentration of alcohol

 in his blood or breath or to

167-28   determine whether a controlled substance, chemical, poison, organic

167-29   solvent or another prohibited substance is present, if such a test is

167-30   administered at the direction of a police officer having reasonable

167-31   grounds to believe that the person to be tested was:

167-32          (a) Driving or in actual physical control of a vehicle while under

167-33   the influence of intoxicating liquor or a controlled substance; or

167-34          (b) Engaging in any other conduct prohibited by NRS 484.379 or

167-35   484.3795.

167-36          2.  If the person to be tested pursuant to subsection 1 is dead or

167-37   unconscious, the officer shall direct that samples of blood from the

167-38   person be tested.

167-39          3.  Any person who is afflicted with hemophilia or with a heart

167-40   condition requiring the use of an anticoagulant as determined by a

167-41   physician is exempt from any blood test which may be required

167-42   pursuant to this section but must, when appropriate pursuant to the

167-43   provisions of this section, be required to submit to a breath or urine

167-44   test.

167-45          4.  If the [alcoholic content of] concentration of alcohol in

 the

167-46   blood or breath of the person to be tested is in issue:

167-47          (a) Except as otherwise provided in this section, the person may

167-48   refuse to submit to a blood test if means are reasonably available to

167-49   perform a breath test.

168-1           (b) The person may request a blood test, but if means are

168-2  reasonably available to perform a breath test when the blood test is

168-3   requested, and the person is subsequently convicted, he must pay for

168-4   the cost of the blood test, including the fees and expenses of

168-5   witnesses in court.

168-6  (c) A police officer may direct the person to submit to a blood test

168-7   if the officer has reasonable grounds to believe that the person:

168-8     (1) Caused death or substantial bodily harm to another person as

168-9   a result of driving or being in actual physical control of a vehicle

168-10   while under the influence of intoxicating liquor or a controlled

168-11   substance or as a result of engaging in any other conduct prohibited

168-12   by NRS 484.379 or 484.3795; or

168-13          (2) Has been convicted within the previous 7 years of:

168-14                    (I) A violation of NRS 484.379, 484.3795, subsection 2 of

168-15   NRS 488.400, NRS 488.410 or 488.420 or a law of another

168-16   jurisdiction that prohibits the same or similar conduct; or

168-17                    (II) Any other offense in this state or another jurisdiction in

168-18   which death or substantial bodily harm to another person resulted

168-19   from conduct prohibited by a law set forth in sub-subparagraph (I).

168-20     5.  If the presence of a controlled substance, chemical, poison,

168-21   organic solvent or another prohibited substance in the blood or urine

168-22   of the person is in issue, the officer may direct him to submit to a

168-23   blood or urine test, or both, in addition to the breath test.

168-24     6.  Except as otherwise provided in subsections 3 and 5, a police

168-25   officer shall not direct a person to submit to a urine test.

168-26          7.  If a person to be tested fails to submit to a required test as

168-27   directed by a police officer pursuant to this section and the officer has

168-28   reasonable grounds to believe that the person to be tested was:

168-29          (a) Driving or in actual physical control of a vehicle while under

168-30   the influence of intoxicating liquor or a controlled substance; or

168-31          (b) Engaging in any other conduct prohibited by NRS 484.379 or

168-32   484.3795,

168-33  the officer may direct that reasonable force be used to the extent

168-34   necessary to obtain samples of blood from the person to be tested.

168-35   Not more than three such samples may be taken during the 5-hour

168-36   period immediately following the time of the initial arrest. In such a

168-37   circumstance, the officer is not required to provide the person with a

168-38   choice of tests for determining the [alcoholic content] concentration

168-39   of alcohol

 or presence of a controlled substance or another prohibited

168-40   substance in his blood.

168-41          8.  If a person who is less than 18 years of age is directed to

168-42   submit to an evidentiary test pursuant to this section, the officer shall,

168-43   before testing the person, make a reasonable attempt to notify the

168-44   parent, guardian or custodian of the person, if known.

168-45          Sec. 13.  NRS 484.385 is hereby amended to read as follows:

168-46          484.385  1.  As agent for the department, the officer who

168-47   obtained the result of a test given pursuant to NRS 484.382 or

168-48   484.383 shall immediately serve an order of revocation of the license,

168-49   permit or privilege to drive on a person who has a concentration of

168-50   alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood

169-1  or breath

 or has a detectable amount of a prohibited substance in his

169-2  blood or urine, if that person is present, and shall seize his license or

169-3   permit to drive. The officer shall then advise him of his right to

169-4   administrative and judicial review of the revocation and to have a

169-5   temporary license, and shall issue him a temporary license on a form

169-6   approved by the department if he requests one, which is effective for

169-7   only 7 days including the date of issuance. The officer shall

169-8   immediately transmit the person’s license or permit to the department

169-9   along with the written certificate required by subsection 2.

169-10          2.  When a police officer has served an order of revocation of a

169-11   driver’s license, permit or privilege on a person pursuant to

169-12   subsection 1, or later receives the result of an evidentiary test which

169-13   indicates that a person, not then present, had a concentration of

169-14   alcohol of

 0.10 [percent] or more [by weight of alcohol] in his blood

169-15   or breath

 or had a detectable amount of a prohibited substance in his

169-16   blood or urine, the officer shall immediately prepare and transmit to

169-17   the department, together with the seized license or permit and a copy

169-18   of the result of the test, a written certificate that he had reasonable

169-19   grounds to believe that the person had been driving or in actual

169-20   physical control of a vehicle with a concentration of alcohol of

 0.10

169-21   [percent] or more [by weight of alcohol] in his blood or breath

 or

169-22   with a detectable amount of a prohibited substance in his blood or

169-23   urine, as determined by a chemical test. The certificate must also

169-24   indicate whether the officer served an order of revocation on the

169-25   person and whether he issued the person a temporary license.

169-26          3.  The department, upon receipt of such a certificate for which an

169-27   order of revocation has not been served, after examining the

169-28   certificate and copy of the result of the chemical test, if any, and

169-29   finding that revocation is proper, shall issue an order revoking the

169-30   person’s license, permit or privilege to drive by mailing the order to

169-31   the person at his last known address. The order must indicate the

169-32   grounds for the revocation and the period during which the person is

169-33   not eligible for a license, permit or privilege to drive and state that the

169-34   person has a right to administrative and judicial review of the

169-35   revocation and to have a temporary license. The order of revocation

169-36   becomes effective 5 days after mailing.

169-37          4.  Notice of an order of revocation and notice of the affirmation

169-38   of a prior order of revocation or the cancellation of a temporary

169-39   license provided in NRS 484.387 is sufficient if it is mailed to the

169-40   person’s last known address as shown by any application for a

169-41   license. The date of mailing may be proved by the certificate of any

169-42   officer or employee of the department, specifying the time of mailing

169-43   the notice. The notice is presumed to have been received upon the

169-44   expiration of 5 days after it is deposited, postage prepaid, in the

169-45   United States mail.

169-46          Sec. 15.  NRS 484.387 is hereby amended to read as follows:

169-47          484.387  1.  At any time while a person is not eligible for a

169-48   license, permit or privilege to drive following an order of revocation

169-49   issued pursuant to NRS 484.385, he may request in writing a hearing

169-50   by the department to review the order of revocation, but he is only

169-51   entitled to one hearing. The hearing must be conducted within 15

169-52   days

170-1  after receipt of the request, or as soon thereafter as is practicable, in

170-2  the county where the requester resides unless the parties agree

170-3   otherwise. The director or his agent may issue subpoenas for the

170-4   attendance of witnesses and the production of relevant books and

170-5   papers and may require a reexamination of the requester. The

170-6   department shall issue an additional temporary license for a period

170-7   which is sufficient to complete the administrative review.

170-8           2.  The scope of the hearing must be limited to the issue of

170-9   whether the person, at the time of the test, had a concentration of

170-10   alcohol of

 0.10 [percent] or more [by weight of alcohol] in his blood

170-11   or breath

 or a detectable amount of a prohibited substance in his

170-12   blood or urine. Upon an affirmative finding on this issue, the

170-13   department shall affirm the order of revocation. Otherwise, the order

170-14   of revocation must be rescinded.

170-15          3.  If, after the hearing, the order of revocation is affirmed, the

170-16   person whose license, privilege or permit has been revoked is entitled

170-17   to a review of the same issues in district court in the same manner as

170-18   provided by chapter 233B of NRS. The court shall notify the

170-19   department upon the issuance of a stay and the department shall issue

170-20   an additional temporary license for a period which is sufficient to

170-21   complete the review.

170-22          4.  If a hearing officer grants a continuance of a hearing at the

170-23   request of the person whose license was revoked, or a court does so

170-24   after issuing a stay of the revocation, the officer or court shall notify

170-25   the department, and the department shall cancel the temporary license

170-26   and notify the holder by mailing the order of cancellation to his last

170-27   known address.

170-28          Sec. 19.  NRS 484.3888 is hereby amended to read as follows:

170-29          484.3888  1.  The committee on testing for intoxication may

170-30   adopt regulations that require:

170-31          (a) The calibration of devices which are used to test a person’s

170-32   blood or urine to determine the [amount]

 concentration of alcohol or

170-33   the presence of a controlled substance or another prohibited

170-34   substance in the person’s blood or urine;

170-35          (b) The certification of persons who make those calibrations;

170-36          (c) The certification of persons who operate devices for testing a

170-37   person’s blood or urine to determine the [amount]

 concentration of

170-38   alcohol or presence of a controlled substance or another prohibited

170-39   substance in the person’s blood or urine; and

170-40          (d) The certification of persons who examine those operators.

170-41          2.  The committee may adopt regulations that prescribe the

170-42   essential procedures for the proper operation of the various types of

170-43   devices used to test a person’s blood or urine to determine the

170-44   [amount]

 concentration of alcohol or the presence of a controlled

170-45   substance or another prohibited substance in the person’s blood or

170-46   urine.

170-47          Sec. 20.  NRS 484.391 is hereby amended to read as follows:

170-48          484.391  1.  A person who is arrested for driving or being in

170-49   actual physical control of a vehicle while under the influence of

170-50   intoxicating liquor or a controlled substance or for engaging in any

171-1  other conduct prohibited by NRS 484.379 or 484.3795 must be

171-2  permitted, upon his request and at his expense, reasonable opportunity

171-3   to have a qualified person of his own choosing administer a chemical

171-4   test or tests to determine:

171-5           (a) The [alcoholic content] concentration

 of alcohol in his blood

171-6 

 [;]or breath;or

171-7           (b) Whether a controlled substance, chemical, poison, organic

171-8   solvent or another prohibited substance is present in his blood or

171-9   urine.

171-10          2.  The failure or inability to obtain such a test or tests by such a

171-11   person does not preclude the admission of evidence relating to the

171-12   refusal to submit to a test or relating to a test taken upon the request

171-13   of a police officer.

171-14          3.  A test obtained under the provisions of this section may not be

171-15   substituted for or stand in lieu of the test required by NRS 484.383.

171-16          Sec. 25.  NRS 484.791 is hereby amended to read as follows:

171-17          484.791  1.  Any peace officer may, without a warrant, arrest a

171-18   person if the officer has reasonable cause for believing that the

171-19   person has committed any of the following offenses:

171-20          (a) Homicide by vehicle;

171-21          (b) A violation of NRS 484.379;

171-22          (c) A violation of NRS 484.3795;

171-23          (d) Failure to stop, give information or render reasonable

171-24   assistance in the event of an accident resulting in death or personal

171-25   injuries in violation of NRS 484.219 or 484.223;

171-26          (e) Failure to stop or give information in the event of an accident

171-27   resulting in damage to a vehicle or to other property legally upon or

171-28   adjacent to a highway in violation of NRS 484.221 or 484.225;

171-29          (f) Reckless driving;

171-30          (g) Driving a motor vehicle on a highway or on premises to which

171-31   the public has access at a time when his driver’s license has been

171-32   canceled, revoked or suspended; or

171-33          (h) Driving a motor vehicle in any manner in violation of the

171-34   restrictions imposed in a restricted license issued to him pursuant to

171-35   NRS 483.490.

171-36          2.  Whenever any person is arrested as authorized in this section,

171-37   he must be taken without unnecessary delay before the proper

171-38   magistrate as specified in NRS 484.803, except that in the case of

171-39   either of the offenses designated in paragraphs (e) and (f) of

171-40   subsection 1

 a peace officer has the same discretion as is provided in

171-41   other cases in NRS 484.795.

171-42          Sec. 28.  NRS 488.410 is hereby amended to read as follows:

171-43          488.410  1.  It is unlawful for any person who:

171-44          (a) Is under the influence of intoxicating liquor;

171-45          (b) Has a concentration of alcohol of 0.10 [percent] or more [by

171-46   weight of alcohol] in his blood

 [;] or breath; or

171-47          (c) Is found by measurement within 2 hours after operating or

171-48   being in actual physical control of a vessel to have a concentration of

171-49   alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood

171-50 

 [,]or breath,

172-1  to operate or be in actual physical control of a vessel under power or

172-2  sail on the waters of this state.

172-3           2.  It is unlawful for any person who:

172-4           (a) Is under the influence of a controlled substance;

172-5           (b) Is under the combined influence of intoxicating liquor and a

172-6   controlled substance; or

172-7           (c) Inhales, ingests, applies or otherwise uses any chemical, poison

172-8   or organic solvent, or any compound or combination of any of these,

172-9   to a degree which renders him incapable of safely operating or

172-10   exercising actual physical control of a vessel under power
or sail,

172-11  to operate or be in actual physical control of a vessel under power or

172-12   sail on the waters of this state.

172-13          3.  It is unlawful for any person to operate or be in actual physical

172-14   control of a vessel under power or sail on the waters of this state with

172-15   an amount of a prohibited substance in his blood or urine that is equal

172-16   to or greater than:

 

172-17  Prohibited substance    Urine           Blood

172-18                          Nanograms perNanograms per

172-19                                milliliter        milliliter

172-20  (a) Amphetamine            500              100

172-21  (b) Cocaine                    150                50

172-22  (c) Cocaine metabolite                       15050

172-23  (d) Heroin                   2,000                50

172-24  (e) Heroin metabolite:                             

172-25                                (1) Morphine              2,00050

172-26                                (2) 6-monoacetyl morphine            10   10

172-27  (f) Lysergic acid diethylamide                   25      10

172-28  (g) Marijuana                    10                 2

172-29  (h) Marijuana metabolite                       155

172-30  (i) Methamphetamine                          500100

172-31  (j) Phencyclidine               25                 10

 

172-32          4.  If consumption is proven by a preponderance of the evidence,

172-33   it is an affirmative defense under paragraph (c) of subsection 1 that

172-34   the defendant consumed a sufficient quantity of alcohol after

172-35   operating or being in actual physical control of the vessel, and before

172-36   his blood was tested, to cause [the] him to have a concentration of

172-37   0.10 or more of

 alcohol in his blood [to equal or exceed 0.10

172-38   percent.] or breath.

 A defendant who intends to offer this defense at a

172-39   trial or preliminary hearing must, not less than 14 days before the

172-40   trial or hearing or at such other time as the court may direct, file and

172-41   serve on the prosecuting attorney a written notice of that intent.

172-42          Sec. 29.  NRS 488.420 is hereby amended to read as follows:

172-43          488.420  1.  A person who:

172-44          (a) Is under the influence of intoxicating liquor;

172-45          (b) Has a concentration of alcohol of 0.10 [percent] or more [by

172-46   weight of alcohol] in his blood

 [;] or breath;

173-1           (c) Is found by measurement within 2 hours after operating or

173-2  being in actual physical control of a vessel under power or sail to have

173-3   a concentration of alcohol of

 0.10 [percent] or more [by weight of

173-4   alcohol] in his blood

 [;] or breath;

173-5           (d) Is under the influence of a controlled substance or is under the

173-6   combined influence of intoxicating liquor and a controlled substance;

173-7           (e) Inhales, ingests, applies or otherwise uses any chemical, poison

173-8   or organic solvent, or any compound or combination of any of these,

173-9   to a degree which renders him incapable of safely operating or being

173-10   in actual physical control of a vessel under power or sail; or

173-11          (f) Has a prohibited substance in his blood or urine in an amount

173-12   that is equal to or greater than the amount set forth in subsection 3 of

173-13   NRS 488.410,

173-14  and does any act or neglects any duty imposed by law while operating

173-15   or being in actual physical control of any vessel under power or sail,

173-16   if the act or neglect of duty proximately causes the death of, or

173-17   substantial bodily harm to, a person other than himself, is guilty of a

173-18   category B felony and shall be punished by imprisonment in the state

173-19   prison for a minimum term of not less than 2 years and a maximum

173-20   term of not more than 20 years and shall be further punished by a fine

173-21   of not less than $2,000 nor more than $5,000. A person so imprisoned

173-22   must, insofar as practicable, be segregated from offenders whose

173-23   crimes were violent and, insofar as practicable, be assigned to an

173-24   institution or facility of minimum security.

173-25          2.  A prosecuting attorney shall not dismiss a charge of violating

173-26   the provisions of subsection 1 in exchange for a plea of guilty, guilty

173-27   but mentally ill or nolo contendere to a lesser charge or for any other

173-28   reason unless he knows or it is obvious that the charge is not

173-29   supported by probable cause or cannot be proved at the time of trial.

173-30   A sentence imposed pursuant to subsection 1 must not be suspended,

173-31   and probation must not be granted.

173-32          3.  If consumption is proven by a preponderance of the evidence,

173-33   it is an affirmative defense under paragraph (c) of subsection 1 that

173-34   the defendant consumed a sufficient quantity of alcohol after

173-35   operating or being in actual physical control of the vessel under

173-36   power or sail, and before his blood was tested, to cause [the]

 him to

173-37   have a concentration of alcohol of 0.10 or more

 in his blood [to

173-38   equal or exceed 0.10 percent.]

 or breath. A defendant who intends to

173-39   offer this defense at a trial or preliminary hearing must, not less than

173-40   14 days before the trial or hearing or at such other time as the court

173-41   may direct, file and serve on the prosecuting attorney a written notice

173-42   of that intent.

173-43          4.  If a person less than 15 years of age was in the vessel at the

173-44   time of the defendant’s violation, the court shall consider that fact as

173-45   an aggravating factor in determining the sentence of the defendant.

173-46          Sec. 30.  NRS 488.450 is hereby amended to read as follows:

173-47          488.450  1.  Any person who operates or is in actual physical

173-48   control of a vessel under power or sail on the waters of this state shall

173-49   be deemed to have given his consent to a preliminary test of his

173-50   breath to determine the [alcoholic content] concentration

 of alcohol

173-51   in

 his

174-1  breath when the test is administered at the direction of a peace officer

174-2  after a vessel accident or collision or where an officer stops a vessel,

174-3   if the officer has reasonable grounds to believe that the person to be

174-4   tested was:

174-5           (a) Operating or in actual physical control of a vessel under power

174-6   or sail while under the influence of intoxicating liquor or a controlled

174-7   substance; or

174-8           (b) Engaging in any other conduct prohibited by NRS 488.410 or

174-9   488.420.

174-10          2.  If the person fails to submit to the test, the officer shall arrest

174-11   him and take him to a convenient place for the administration of a

174-12   reasonably available evidentiary test under NRS 488.460.

174-13          3.  The result of the preliminary test must not be used in any

174-14   criminal action, except to show there were reasonable grounds to

174-15   make an arrest.

174-16          Sec. 31.  NRS 488.460 is hereby amended to read as follows:

174-17          488.460  1.  Except as otherwise provided in subsections 3 and 4,

174-18   a person who operates or is in actual physical control of a vessel

174-19   under power or sail on the waters of this state shall be deemed to

174-20   have given his consent to an evidentiary test of his blood, urine,

174-21   breath or other bodily substance to determine the [alcoholic content]

174-22   concentration

 of alcohol in his blood or breath or to determine

174-23   whether a controlled substance, chemical, poison, organic solvent or

174-24   another prohibited substance is present, if such a test is administered

174-25   at the direction of a peace officer having reasonable grounds to

174-26   believe that the person to be tested was:

174-27          (a) Operating or in actual physical control of a vessel under power

174-28   or sail while under the influence of intoxicating liquor or a controlled

174-29   substance; or

174-30          (b) Engaging in any other conduct prohibited by NRS 488.410 or

174-31   488.420.

174-32          2.  If the person to be tested pursuant to subsection 1 is dead or

174-33   unconscious, the officer shall direct that samples of blood from the

174-34   person be tested.

174-35          3.  Any person who is afflicted with hemophilia or with a heart

174-36   condition requiring the use of an anticoagulant as determined by a

174-37   physician is exempt from any blood test which may be required

174-38   pursuant to this section, but must, when appropriate pursuant to the

174-39   provisions of this section, be required to submit to a breath or urine

174-40   test.

174-41          4.  If the [alcoholic content] concentration of alcohol

 of the blood

174-42   or breath of the person to be tested is in issue:

174-43          (a) Except as otherwise provided in this section, the person may

174-44   refuse to submit to a blood test if means are reasonably available to

174-45   perform a breath test.

174-46          (b) The person may request a blood test, but if means are

174-47   reasonably available to perform a breath test when the blood test is

174-48   requested, and the person is subsequently convicted, he must pay for

174-49   the cost of the blood test, including the fees and expenses of

174-50   witnesses in court.

175-1  (c) A peace officer may direct the person to submit to a blood test

175-2  if the officer has reasonable grounds to believe that the person:

175-3     (1) Caused death or substantial bodily harm to another person as

175-4   a result of operating or being in actual physical control of a vessel

175-5   under power or sail while under the influence of intoxicating liquor

175-6   or a controlled substance or as a result of engaging in any other

175-7   conduct prohibited by NRS 488.410 or 488.420; or

175-8     (2) Has been convicted within the previous 7 years of:

175-9           (I) A violation of NRS 484.379, 484.3795, subsection 2 of

175-10   NRS 488.400, NRS 488.410 or 488.420 or a law of another

175-11   jurisdiction that prohibits the same or similar conduct; or

175-12                    (II) Any other offense in this state or another jurisdiction in

175-13   which death or substantial bodily harm to another person resulted

175-14   from conduct prohibited by a law set forth in sub-subparagraph (I).

175-15     5.  If the presence of a controlled substance, chemical, poison,

175-16   organic solvent or another prohibited substance in the blood or urine

175-17   of the person is in issue, the officer may direct him to submit to a

175-18   blood or urine test, or both, in addition to the breath test.

175-19          6.  Except as otherwise provided in subsections 3 and 5, a peace

175-20   officer shall not direct a person to submit to a urine test.

175-21          7.  If a person to be tested fails to submit to a required test as

175-22   directed by a peace officer pursuant to this section and the officer has

175-23   reasonable grounds to believe that the person to be tested was:

175-24          (a) Operating or in actual physical control of a vessel under power

175-25   or sail while under the influence of intoxicating liquor or a controlled

175-26   substance; or

175-27          (b) Engaging in any other conduct prohibited by NRS 488.410 or

175-28   488.420,

175-29  the officer may direct that reasonable force be used to the extent

175-30   necessary to obtain samples of blood from the person to be tested.

175-31   Not more than three such samples may be taken during the 5-hour

175-32   period immediately following the time of the initial arrest. In such a

175-33   circumstance, the officer is not required to provide the person with a

175-34   choice of tests for determining the alcoholic content or presence of a

175-35   controlled substance or another prohibited substance in his blood.

175-36          Sec. 33.  NRS 488.480 is hereby amended to read as follows:

175-37          488.480  1.  If a person refuses to submit to a required chemical

175-38   test provided for in NRS 488.450 or 488.460, evidence of that refusal

175-39   is admissible in any criminal action arising out of acts alleged to have

175-40   been committed while the person was:

175-41          (a) Operating or in actual physical control of a vessel under power

175-42   or sail while under the influence of intoxicating liquor or a controlled

175-43   substance; or

175-44          (b) Engaging in any other conduct prohibited by NRS 488.410 or

175-45   488.420.

175-46          2.  Except as otherwise provided in subsection 3 of NRS 488.450,

175-47   a court may not exclude evidence of a required test or failure to

175-48   submit to such a test if the peace officer or other person substantially

175-49   complied with the provisions of NRS 488.450 to 488.500, inclusive.

176-1           3.  If a person submits to a chemical test provided for in NRS

176-2  488.450 or 488.460, full information concerning that test must be

176-3   made available, upon his request, to him or his attorney.

176-4           4.  Evidence of a required test is not admissible in a criminal

176-5   proceeding unless it is shown by documentary or other evidence that

176-6   the device for testing breath was certified pursuant to NRS 484.3882

176-7   and was calibrated, maintained and operated as provided by the

176-8   regulations of the committee on testing for intoxication adopted

176-9   pursuant to NRS 484.3884, 484.3886 or 484.3888.

176-10          5.  If the device for testing breath has been certified by the

176-11   committee on testing for intoxication to be accurate and reliable

176-12   pursuant to NRS 484.3882, it is presumed that, as designed and

176-13   manufactured, the device is accurate and reliable for the purpose of

176-14   testing a person’s breath to determine the [percent by weight]

176-15   concentration

 of alcohol in the person’s breath.

176-16          6.  A court shall take judicial notice of the certification by the

176-17   director of a person to operate testing devices of one of the certified

176-18   types. If a test to determine the amount of alcohol in a person’s breath

176-19   has been performed with a certified type of device by a person who is

176-20   certified pursuant to NRS 484.3886 or 484.3888, it is presumed that

176-21   the person operated the device properly.

176-22          7.  This section does not preclude the admission of evidence of a

176-23   test of a person’s breath where the:

176-24          (a) Information is obtained through the use of a device other than

176-25   one of a type certified by the committee on testing for intoxication.

176-26          (b) Test has been performed by a person other than one who is

176-27   certified by the director.

176-28          Sec. 34.  NRS 488.490 is hereby amended to read as follows:

176-29          488.490  1.  A person who is arrested for operating or being in

176-30   actual physical control of a vessel under power or sail while under the

176-31   influence of intoxicating liquor or a controlled substance or for

176-32   engaging in any other conduct prohibited by NRS 488.410 or 488.420

176-33   must be permitted, upon his request and at his expense, reasonable

176-34   opportunity to have a qualified person of his own choosing

176-35   administer a chemical test to determine:

176-36          (a) The [alcoholic content] concentration

 of alcohol in his blood

176-37 

 [;]or breath;or

176-38          (b) Whether a controlled substance, chemical, poison, organic

176-39   solvent or another prohibited substance is present in his blood or

176-40   urine.

176-41          2.  The failure or inability to obtain such a test does not preclude

176-42   the admission of evidence relating to the refusal to submit to a test or

176-43   relating to a test taken upon the request of a peace officer.

176-44          3.  A test obtained under the provisions of this section may not be

176-45   substituted for or stand in lieu of the test required by NRS 488.460.

176-46     Sec. 37.  NRS 50.315 is hereby amended to read as follows:

176-47     50.315  1.  Except as otherwise provided in subsections 6 and 7,

176-48   the affidavit or declaration of a person is admissible in evidence in

176-49   any criminal or administrative proceeding to prove:

177-1  (a) That the affiant or declarant has been certified by the director of

177-2  the department of motor vehicles and public safety as being

177-3   competent to operate devices of a type certified by the committee on

177-4   testing for intoxication as accurate and reliable for testing a person’s

177-5   breath to determine the [amount by weight]concentration

 of alcohol

177-6   in his breath;

177-7  (b) The identity of a person from whom the affiant or declarant

177-8   obtained a sample of breath; and

177-9  (c) That the affiant or declarant tested the sample using a device of

177-10   a type so certified and that the device was functioning properly.

177-11     2.  Except as otherwise provided in subsections 6 and 7, the

177-12   affidavit or declaration of a person who prepared a chemical solution

177-13   or gas that has been used in calibrating a device for testing another’s

177-14   breath to determine the [amount]

 concentration of alcohol in his

177-15   breath is admissible in evidence in any criminal or administrative

177-16   proceeding to prove:

177-17     (a) The occupation of the affiant or declarant; and

177-18     (b) That the solution or gas has the chemical composition

177-19   necessary for accurately calibrating it.

177-20     3.  Except as otherwise provided in subsections 6 and 7, the

177-21   affidavit or declaration of a person who calibrates a device for testing

177-22   another’s breath to determine the [amount]

 concentration of alcohol

177-23   in his breath is admissible in evidence in any criminal or

177-24   administrative proceeding to prove:

177-25     (a) The occupation of the affiant or declarant;

177-26     (b) That on a specified date the affiant or declarant calibrated the

177-27   device at a named law enforcement agency by using the procedures

177-28   and equipment prescribed in the regulations of the committee on

177-29   testing for intoxication;

177-30     (c) That the calibration was performed within the period required

177-31   by the committee’s regulations; and

177-32     (d) Upon completing the calibration of the device, it was operating

177-33   properly.

177-34     4.  Except as otherwise provided in subsections 6 and 7, the

177-35   affidavit or declaration made under the penalty of perjury of a person

177-36   who withdraws a sample of blood from another for analysis by an

177-37   expert as set forth in NRS 50.320 is admissible in any criminal or

177-38   administrative proceeding to prove:

177-39     (a) The occupation of the affiant or declarant;

177-40     (b) The identity of the person from whom the affiant or declarant

177-41   withdrew the sample;

177-42     (c) The fact that the affiant or declarant kept the sample in his sole

177-43   custody or control and in substantially the same condition as when he

177-44   first obtained it until delivering it to another; and

177-45     (d) The identity of the person to whom the affiant or declarant

177-46   delivered it.

177-47     5.  Except as otherwise provided in subsections 6 and 7, the

177-48   affidavit or declaration of a person who receives from another a

177-49   sample of blood or urine or other tangible evidence that is alleged to

177-50   contain alcohol or a controlled substance, chemical, poison, organic

178-1  solvent or another prohibited substance may be admitted in any

178-2  criminal, civil or administrative proceeding to prove:

178-3  (a) The occupation of the affiant or declarant;

178-4  (b) The fact that the affiant or declarant received a sample or other

178-5   evidence from another person and kept it in his sole custody or

178-6   control in substantially the same condition as when he first received it

178-7   until delivering it to another; and

178-8  (c) The identity of the person to whom the affiant or declarant

178-9   delivered it.

178-10     6.  If, at or before the time of the trial, the defendant establishes

178-11   that:

178-12     (a) There is a substantial and bona fide dispute regarding the facts

178-13   in the affidavit or declaration; and

178-14     (b) It is in the best interests of justice that the witness who signed

178-15   the affidavit or declaration be cross-examined,

178-16  the court may order the prosecution to produce the witness and may

178-17   continue the trial for any time the court deems reasonably necessary

178-18   to receive such testimony. The time within which a trial is required is

178-19   extended by the time of the continuance.

178-20     7.  During any trial in which the defendant has been accused of

178-21   committing a felony, the defendant may object in writing to admitting

178-22   into evidence an affidavit or declaration described in this section. If

178-23   the defendant makes such an objection, the court shall not admit the

178-24   affidavit or declaration into evidence and the prosecution may cause

178-25   the person to testify in court to any information contained in the

178-26   affidavit or declaration.

178-27     8.  The committee on testing for intoxication shall adopt

178-28   regulations prescribing the form of the affidavits and declarations

178-29   described in this section.

178-30     Sec. 38.  NRS 50.320 is hereby amended to read as follows:

178-31     50.320  1.  The affidavit or declaration of a chemist and any

178-32   other person who has qualified in the district court of any county to

178-33   testify as an expert witness regarding the presence in the breath,

178-34   blood or urine of a person of alcohol, a controlled substance, or a

178-35   chemical, poison, organic solvent or another prohibited substance, or

178-36   the identity or quantity of a controlled substance alleged to have been

178-37   in the possession of a person, which is submitted to prove:

178-38     (a) The quantity of the purported controlled substance; or

178-39     (b) The [amount]

 concentration of alcohol or the presence or

178-40   absence of a controlled substance, chemical, poison, organic solvent

178-41   or another prohibited substance, as the case may be,

178-42  is admissible in the manner provided in this section.

178-43     2.  An affidavit or declaration which is submitted to prove any fact

178-44   set forth in subsection 1 must be admitted into evidence when

178-45   submitted during any administrative proceeding, preliminary hearing

178-46   or hearing before a grand jury. The court shall not sustain any

178-47   objection to the admission of such an affidavit or declaration.

178-48     3.  The defendant may object in writing to admitting into evidence

178-49   an affidavit or declaration submitted to prove any fact set forth in

178-50   subsection 1 during his trial. If the defendant makes such an

178-51   objection,

179-1  the court shall not admit the affidavit or declaration into evidence and

179-2  the prosecution may cause the person to testify in court to any

179-3   information contained in the affidavit or declaration.

179-4  4.  The committee on testing for intoxication shall adopt

179-5   regulations prescribing the form of the affidavits and declarations

179-6   described in this section.

179-7  Sec. 41.  Sections 8,

 16 and 33 of this act become effective at

179-8   12:01 a.m. on October 1, 1999.

179-9  Sec. 99.  Section 9 of chapter 486, Statutes of Nevada 1999, at page

179-10   2517, is hereby amended to read as follows:

179-11     Sec. 9.  NRS 574.055 is hereby amended to read as follows:

179-12     574.055  1.  Any peace officer or officer of a society for the

179-13   prevention of cruelty to animals who is authorized to make arrests

179-14   pursuant to NRS 574.040 shall, upon discovering any animal which is

179-15   being treated cruelly, take possession of it and provide it with shelter

179-16   and care or, upon obtaining written permission from the owner of the

179-17   animal, may destroy it in a humane manner.

179-18     2.  If an officer takes possession of an animal, he shall give to the

179-19   owner, if the owner can be found, a notice containing a written

179-20   statement of the reasons for the taking, the location where the animal

179-21   will be cared for and sheltered, and the fact that there is a limited lien

179-22   on the animal for the cost of shelter and care. If the owner is not

179-23   present at the taking and the officer cannot find the owner after a

179-24   reasonable search, he shall post the notice on the property from which

179-25   he takes the animal. If the identity and address of the owner are later

179-26   determined, the notice must be mailed to the owner immediately after

179-27   the determination is made.

179-28     3.  An officer who takes possession of an animal pursuant to this

179-29   section has a lien on the animal for the reasonable cost of care and

179-30   shelter furnished to the animal and, if applicable, for its humane

179-31   destruction. The lien does not extend to the cost of care and shelter

179-32   for more than 2 weeks.

179-33     4.  Upon proof that the owner has been notified in accordance with

179-34   the provisions of subsection 2 or, if he has not been found or

179-35   identified, that the required notice has been posted on the property

179-36   where the animal was found, a court of competent jurisdiction may,

179-37   after providing an opportunity for a hearing, order the animal sold at

179-38   auction, humanely destroyed or continued in the care of the officer

179-39   for such disposition as the officer sees fit.

179-40     5.  An officer who seizes an animal pursuant to this section is not

179-41   liable for any action arising out of the taking or humane destruction

179-42   of the animal.

179-43     6.  The provisions of this section do not apply to any animal which

179-44   is located on land being employed for an agricultural use as defined

179-45   in NRS 361A.030 unless the owner of the animal or the person

179-46   charged with the care of the animal is in violation of paragraph (b)

179-47   of

 subsection [2]1of NRS 574.100 and the impoundment is

179-48   accomplished with the concurrence and supervision of the sheriff or

179-49   his designee, a licensed veterinarian and the district brand inspector

179-50   or his designee. In such a case, the sheriff shall direct that the

180-1  impoundment occur not later than 48 hours after the veterinarian

180-2  determines that a violation of paragraph (b) of

 subsection [2] 1 of

180-3   NRS 574.100 exists.

180-4  7.  The owner of an animal impounded in accordance with the

180-5   provisions of subsection 6 must, before the animal is released to his

180-6   custody, pay the charges approved by the sheriff as reasonably

180-7   related to the impoundment, including the charges for the animal’s

180-8   food and water. If the owner is unable or refuses to pay the charges,

180-9   the state department of agriculture shall sell the animal. The

180-10   department shall pay to the owner the proceeds of the sale remaining

180-11   after deducting the charges reasonably related to the impoundment.

180-12     Sec. 100.  Section 2 of chapter 489, Statutes of Nevada 1999, at page

180-13   2529, is hereby amended to read as follows:

180-14     Sec. 2.  NRS 350.003 is hereby amended to read as follows:

180-15 

   350.003  1.  The commission shall meet during the month of

180-16   February of each year, to organize by selecting a chairman and vice

180-17   chairman.

 In a county whose population is 400,000 or more, the

180-18   chairman must be one of the representatives of the board of county

180-19   commissioners. The county clerk is ex officio the secretary of the

180-20   commission.

180-21     2.  In addition to the organizational meeting, each commission

180-22   shall meet annually in July of each year and at the call of the

180-23   chairman whenever business is presented, as provided in NRS

180-24   350.004 and 350.005.

180-25     3.  In conjunction with the meetings required by subsections 1 and

180-26   2, the commission in a county whose population:

180-27     (a) Is 100,000 or more but less than 400,000, shall meet each

180-28   calendar quarter.

180-29     (b) Is 400,000 or more, shall meet each month.

180-30  The meetings required by this subsection must be scheduled at each

180-31   annual meeting in July.

180-32     4.  The appointing authority may remove a member of a

180-33   commission in a county whose population:

180-34     (a) Is 400,000 or more if the member fails to attend three

180-35   consecutive meetings or five meetings during a calendar year.

180-36     (b) Is 100,000 or more but less than 400,000 if the member fails to

180-37   attend two consecutive meetings or three meetings during a calendar

180-38   year.

180-39     (c) Is less than 100,000 if the member fails to attend at least one

180-40   meeting during a calendar year.

180-41     5.  Except as otherwise provided in subsection [2] 3 of NRS

180-42   350.002, a majority of the members constitutes a quorum for all

180-43   purposes.

180-44     Sec. 101.  Sections 3 and 5 of chapter 492, Statutes of Nevada 1999, at

180-45   pages 2541 and 2543, respectively, are hereby amended to read

180-46   respectively as follows:

180-47     Sec. 3.  NRS 350.002 is hereby amended to read as follows:

180-48     350.002  1.  There is hereby created in each county whose

180-49   population is 400,000 or more, a debt management commission, to be

180-50   composed of:

181-1  (a) Three representatives of the board of county commissioners

181-2  from its membership;

181-3  (b) One representative of each governing body of the five largest

181-4   incorporated cities in the county from its membership;

181-5  (c) One representative of the board of trustees of the county school

181-6   district from its membership; and

181-7  (d) Two representatives of the public at large.

181-8  2.  There is hereby created in each county whose population is less

181-9   than 400,000, a debt management commission, to be composed of

181-10   one representative of the county, one representative of the school

181-11   district and the following additional representatives:

181-12     (a) In each such county which contains more than one incorporated

181-13   city:

181-14          (1) One representative of the city in which the county seat is

181-15   located;

181-16          (2) One representative of the other incorporated cities jointly;

181-17   and

181-18          (3) One representative of the public at large.

181-19     (b) In each such county which contains one incorporated city:

181-20          (1) One representative of the incorporated city; and

181-21          (2) Two representatives of the public at large.

181-22     (c) In each such county which contains no incorporated city, one

181-23   representative of the public at large.

181-24     (d) In each such county which contains one or more general

181-25   improvement districts, one representative of the district or districts

181-26   jointly and one additional representative of the public at large.

181-27     3.  In Carson City, there is hereby created a debt management

181-28   commission, to be composed of one representative of the board of

181-29   supervisors, one representative of the school district and three

181-30   representatives of the public at large. The representative of the board

181-31   of supervisors and the representative of the school district shall select

181-32   the representatives of the public at large, and for that purpose only,

181-33   constitute a quorum of the debt management commission. Members

181-34   of the commission serve for a term of 2 years beginning on January 1,

181-35   or until their successors are chosen.

181-36     4.  Except as otherwise provided in subsection 1, each

181-37   representative of a single local government must be chosen by its

181-38   governing body. Each representative of two or more local

181-39   governments must be chosen by their governing bodies jointly, each

181-40   governing body having one vote. Each representative of the general

181-41   improvement districts must be chosen by their governing bodies

181-42   jointly, each governing body having one vote. Each representative of

181-43   the public at large must be chosen by the other members of the

181-44   commission from residents of the county, or Carson City, as the case

181-45   may be, who have a knowledge of its financial structure. A tie vote

181-46   must be resolved by lot.

181-47     5.  A person appointed as a member of the commission in a

181-48   county whose population is 50,000 or more who is not an elected

181-49   officer or a person appointed to an elective office for an unexpired

182-1  term must have at least 5 years of experience in the field of public

182-2  administration, public accounting or banking.

182-3  6.  A person appointed as a member of the commission shall not

182-4   have a substantial financial interest in the ownership or negotiation

182-5   of securities issued by this state or any of its political subdivisions.

182-6  7.  Except as otherwise provided in this subsection, members of

182-7   the commission or their successors must be chosen in January of each

182-8   odd-numbered year and hold office for a term of 2 years beginning

182-9   January 1. The representatives of incorporated cities must be chosen

182-10   after elections are held in the cities, but before the annual meeting of

182-11   the commission in July. The term of a representative who serves

182-12   pursuant to paragraph (a), (b) or (c) of subsection 1 is coterminous

182-13   with the term of his elected office, unless the public entity that

182-14   appointed him revokes his appointment.

182-15     [6.] 8.  Any vacancy must be filled in the same manner as the

182-16   original choice was made for the remainder of the unexpired term.

182-17     Sec. 5.  1.  This section and sections 1, 2 and 4 of this act

182-18   become effective on October 1, 1999.

182-19     2.  Section 3 of this act becomes effective at 12:01 a.m. on

182-20   January 1, 2000.

182-21     Sec. 102.  1.  Sections 3, 6 and 7 of chapter 499, Statutes of Nevada

182-22   1999, at pages 2571 and 2573, are hereby amended to read respectively as

182-23   follows:

182-24     Sec. 3.  NRS 482.480 is hereby amended to read as follows:

182-25     482.480  There must be paid to the department for the registration

182-26   or the transfer or reinstatement of the registration of motor vehicles,

182-27   trailers and semitrailers, fees according to the following schedule:

182-28     1.  Except as otherwise provided in this section, for each stock

182-29   passenger car and each reconstructed or specially constructed

182-30   passenger car registered to a person, regardless of weight or number

182-31   of passenger capacity, a fee for registration of $33.

182-32     2.  Except as otherwise provided in subsection 3:

182-33     (a) For each of the fifth and sixth such cars registered to a person, a

182-34   fee for registration of $16.50.

182-35     (b) For each of the seventh and eighth such cars registered to a

182-36   person, a fee for registration of $12.

182-37     (c) For each of the ninth or more such cars registered to a person, a

182-38   fee for registration of $8.

182-39     3.  The fees specified in subsection 2 do not apply:

182-40     (a) Unless the person registering the cars presents to the

182-41   department at the time of registration the registrations of all of the

182-42   cars registered to him.

182-43     (b) To cars that are part of a fleet.

182-44     4.  For every motorcycle, a fee for registration of $33 and for each

182-45   motorcycle other than a trimobile, an additional fee of $6 for

182-46   motorcycle safety. The additional fee must be deposited in the state

182-47   highway fund for credit to the account for the program for the

182-48   education of motorcycle riders.

182-49     5.  For each transfer of registration, a fee of $6 in addition to any

182-50   other fees.

183-1  6.  To reinstate the registration of a motor vehicle suspended

183-2  pursuant to NRS 485.317:

183-3  (a) A fee of $250 for a registered owner who failed to have

183-4   insurance on the date specified in the form for verification that was

183-5   mailed by the department pursuant to subsection 2 of NRS 485.317;

183-6   or

183-7  (b) A fee of $50 for a registered owner of a dormant vehicle who

183-8   canceled the insurance coverage for that vehicle or allowed the

183-9   insurance coverage for that vehicle to expire without first canceling

183-10   the registration for the vehicle in accordance with subsection 3 of

183-11   NRS 485.320,

183-12  both of which must be deposited in the account for verification of

183-13   insurance which is hereby created in the state highway fund. Money

183-14   in the account must be used to carry out the provisions of NRS

183-15   485.313 to 485.318, inclusive.

183-16     7.  For every travel trailer, a fee for registration of $27.

183-17     8.  For every permit for the operation of a golf cart, an annual fee

183-18   of $10.

183-19     9.  For every low-speed vehicle, as that term is defined in section

183-20   4 of this act, a fee for registration of $33.

183-21     10.  To reinstate the registration of a motor vehicle that is

183-22   suspended pursuant to section 2 of Assembly Bill No. 542 of this

183-23   session, a fee of $33.

183-24     Sec. 6.  NRS 484.408 is hereby amended to read as follows:

183-25     484.408  1.  Any parking space designated for the handicapped

183-26   must be indicated by a sign:

183-27     (a) Bearing the international symbol of access with or without the

183-28   words “Parking,” “Handicapped Parking,” “Handicapped Parking

183-29   Only,” or “Reserved for the Handicapped,” or any other word or

183-30   combination of words indicating that the space is designated for the

183-31   handicapped;

183-32     (b) Stating “Minimum fine of $100 for use by others” or equivalent

183-33   words; and

183-34     (c) The bottom of which must be not less than 4 feet above the

183-35   ground.

183-36     2.  In addition to the requirements of subsection 1, a parking space

183-37   designated for the handicapped which:

183-38     (a) Is designed for the exclusive use of a vehicle with a side

183-39  -loading wheelchair lift; and

183-40     (b) Is located in a parking lot with 60 or more parking
spaces,

183-41  must be indicated by a sign using a combination of words to state that

183-42   the space is for the exclusive use of a vehicle with a side-loading

183-43   wheelchair lift.

183-44     3.  If a parking space is designed for the use of a vehicle with a

183-45   side-loading wheelchair lift, the space which is immediately adjacent

183-46   and intended for use in the loading and unloading of a wheelchair

183-47   into or out of such a vehicle must be indicated by a sign:

183-48     (a) Stating “No Parking” or similar words which indicate that

183-49   parking in such a space is prohibited;

184-1  (b) Stating “Minimum fine of $100 for violation” or similar words

184-2  indicating that the minimum fine for parking in such a space is $100;

184-3   and

184-4  (c) The bottom of which must not be less than 4 feet above the

184-5   ground.

184-6  4.  A person shall not park a vehicle in a space designated for the

184-7   handicapped by a sign that meets the requirements of subsection 1,

184-8   whether on public or privately owned property, unless he is eligible

184-9   to do so and the vehicle displays:

184-10     (a) Special license plates issued pursuant to NRS 482.384;

184-11     (b) A special or temporary parking placard issued pursuant to NRS

184-12   482.384;

184-13     (c)

 A special or temporary parking sticker issued pursuant to

184-14   NRS 482.384;

184-15     (d) Special license plates , a special or temporary parking sticker,

184-16 

 or a special or temporary parking placard displaying the international

184-17   symbol of access issued by another state or a foreign country; or

184-18     [(d)]

 (e) Special license plates for a disabled veteran and a special

184-19   parking placard issued pursuant to NRS 482.384.

184-20     5.  Except as otherwise provided in this subsection, a person shall

184-21   not park a vehicle in a space that is reserved for the exclusive use of a

184-22   vehicle with a side-loading wheelchair lift and is designated for the

184-23   handicapped by a sign that meets the requirements of subsection 2,

184-24   whether on public or privately owned property, unless:

184-25     (a) He is eligible to do so;

184-26     (b) The vehicle displays the special license plates or placard set

184-27   forth in subsection 4; and

184-28     (c) The vehicle is equipped with a side-loading wheelchair lift.

184-29  A person who meets the requirements of paragraphs (a) and (b) may

184-30   park a vehicle that is not equipped with a side-loading wheelchair lift

184-31   in such a parking space if the space is in a parking lot with fewer than

184-32   60 parking spaces.

184-33     6.  A person shall not park in a space which:

184-34     (a) Is immediately adjacent to a space designed for use by a vehicle

184-35   with a side-loading wheelchair lift; and

184-36     (b) Is designated as a space in which parking is prohibited by a

184-37   sign that meets the requirements of subsection 3,

184-38  whether on public or privately owned property.

184-39     7.  A person shall not use a plate , sticker

 or placard set forth in

184-40   subsection 4 to park in a space designated for the handicapped unless

184-41   he is a person with a disability which limits or impairs the ability to

184-42   walk, a disabled veteran or the driver of a vehicle in which such a

184-43   person is a passenger.

184-44     8.  A person who violates any provision of this section is guilty of

184-45   a misdemeanor and shall be punished:

184-46     (a) Upon the first offense, by a fine of $100.

184-47     (b) Upon the second offense, by a fine of $250 and not less than 8

184-48   hours, but not more than 50 hours, of community service.

185-1  (c) Upon the third or subsequent offense, by a fine of not less than

185-2  $500, but not more than $1,000 and not less than 25 hours, but not

185-3   more than 100 hours, of community service.

185-4  Sec. 7.  1.  This section and sections 2 ,

 [and] 4 , 6.1 and 6.2 of

185-5   this act become effective on July 1, 1999.

185-6  2.  Sections 1 and 5 of this act become effective on October 1,

185-7   1999.

185-8  3.  Section 6 of this act becomes effective at [12:01] 12:02

 a.m. on

185-9   October 1, 1999.

185-10     4.  Section 3 of this act becomes effective at 12:01 a.m. on

185-11   January 1, 2001.

185-12     5.  Section 2 of this act expires by limitation on [January 1, 2001.]

185-13 

 December 31, 2000.

185-14     2.  Chapter 499, Statutes of Nevada 1999, at page 2573, is hereby

185-15   amended by adding thereto new sections to be designated as sections 6.1

185-16   and 6.2, immediately following section 6, to read respectively as follows:

185-17     Sec. 6.1.  Sections 4 and 15 of chapter 459, Statutes of Nevada

185-18   1999, at pages 2134 and 2145, respectively, are hereby amended to

185-19   read respectively as follows:

185-20        Sec. 4.  NRS 482.480 is hereby amended to read as follows:

185-21        482.480  There must be paid to the department for the

185-22   registration or the transfer or reinstatement of the registration of

185-23   motor vehicles, trailers and semitrailers, fees according to the

185-24   following schedule:

185-25        1.  Except as otherwise provided in this section, for each stock

185-26   passenger car and each reconstructed or specially constructed

185-27   passenger car registered to a person, regardless of weight or

185-28   number of passenger capacity, a fee for registration of $33.

185-29        2.  Except as otherwise provided in subsection 3:

185-30        (a) For each of the fifth and sixth such cars registered to a

185-31   person for which special license plates have been issued pursuant

185-32   to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee

185-33   for registration of $16.50.

185-34        (b) For each of the seventh and eighth such cars registered to a

185-35   person for which special license plates have been issued pursuant

185-36   to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee

185-37   for registration of $12.

185-38        (c) For each of the ninth or more such cars registered to a person

185-39   for which special license plates have been issued pursuant to NRS

185-40   482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for

185-41   registration of $8.

185-42        3.  The fees specified in subsection 2 do not apply:

185-43        (a) Unless the person registering the cars presents to the

185-44   department at the time of registration the registrations of all of the

185-45   cars registered to him.

185-46        (b) To cars that are part of a fleet.

185-47        4.  For every motorcycle, a fee for registration of $33 and for

185-48   each motorcycle other than a trimobile, an additional fee of $6 for

185-49   motorcycle safety. The additional fee must be deposited in the state

186-1  highway fund for credit to the account for the program for the

186-2  education of motorcycle riders.

186-3  5.  For each transfer of registration, a fee of $6 in addition to

186-4   any other fees.

186-5  6.  To reinstate the registration of a motor vehicle suspended

186-6   pursuant to NRS 485.317:

186-7  (a) A fee of $250 for a registered owner who failed to have

186-8   insurance on the date specified in the form for verification that was

186-9   mailed by the department pursuant to subsection 2 of NRS

186-10   485.317; or

186-11        (b) A fee of $50 for a registered owner of a dormant vehicle who

186-12   canceled the insurance coverage for that vehicle or allowed the

186-13   insurance coverage for that vehicle to expire without first

186-14   canceling the registration for the vehicle in accordance with

186-15   subsection 3 of NRS 485.320,

186-16  both of which must be deposited in the account for verification of

186-17   insurance which is hereby created in the state highway fund.

186-18   Money in the account must be used to carry out the provisions of

186-19   NRS 485.313 to 485.318, inclusive.

186-20        7.  For every travel trailer, a fee for registration of $27.

186-21        8.  For every permit for the operation of a golf cart, an annual

186-22   fee of $10.

186-23        9.  For every low-speed vehicle, as that term is defined in

186-24   section 4 of [this act,] Assembly Bill No. 59 of this session,

 a fee

186-25   for registration of $33.

186-26        10.  To reinstate the registration of a motor vehicle that is

186-27   suspended pursuant to section 2 of this act, a fee of $33.

186-28        Sec. 15.  1.

  This section and sections 1 to 11, inclusive, and

186-29   14 of this

 act [becomes]becomeeffective on October 1, 2000.

186-30        2.  Section 4 of this act expires by limitation on December 31,

186-31   2000.

186-32     Sec. 6.2.  Section 13 of chapter 459, Statutes of Nevada 1999, at

186-33   page 2144, is hereby repealed.

186-34     Sec. 103.  1.  Section 5 of chapter 517, Statutes of Nevada 1999, at

186-35   page 2639, is hereby amended to read as follows:

186-36     Sec. 5.  NRS 453.3345 is hereby amended to read as follows:

186-37     453.3345  1.  Unless a greater penalty is provided in NRS

186-38   453.333 or 453.334, and except as otherwise provided in NRS

186-39   193.169, any person who violates NRS 453.321 or 453.323

 [:] or

186-40   section 1 of this act:

186-41     (a) On the grounds of a public or private school, a playground,

186-42   public park, public swimming pool, recreational center for youths or

186-43   a video arcade;

186-44     (b) On a campus of the University and Community College System

186-45   of Nevada;

186-46     (c) Within 1,000 feet of the perimeter of such a school ground or

186-47   campus, playground, park, pool, recreational center or arcade; or

186-48     (d) Within 1,000 feet of a school bus stop from 1 hour before

186-49   school begins until 1 hour after school ends during scheduled school

186-50   days,

187-1  must be punished by imprisonment in the state prison for a term equal

187-2  to and in addition to the term of imprisonment prescribed by statute

187-3   for the crime. The sentence prescribed by this section runs

187-4   consecutively with the sentence prescribed by statute for the crime.

187-5  2.  This section does not create a separate offense but provides an

187-6   additional penalty for the primary offense, whose imposition is

187-7   contingent upon the finding of the prescribed fact.

187-8  3.  For the purposes of this section:

187-9  (a) “Playground” means any outdoor facility, intended for

187-10   recreation, open to the public and in any portion thereof containing

187-11   one or more apparatus intended for the recreation of children, such as

187-12   a sliding board, teeterboard, sandbox or swingset.

187-13     (b) “Recreational center for youths” means a recreational facility

187-14   or gymnasium which regularly provides athletic, civic or cultural

187-15   activities for persons under 18 years of age.

187-16     (c) “School bus” has the meaning ascribed to it in NRS 483.160.

187-17     (d) “Video arcade” means a facility legally accessible to persons

187-18   under 18 years of age, intended primarily for the use of pinball and

187-19   video machines for amusement and which contains a minimum of 10

187-20   such machines.

187-21     2.  Chapter 517, Statutes of Nevada 1999, at page 2643, is hereby

187-22   amended by adding thereto a new section to be designated as section 13,

187-23   immediately following section 12, to read as follows:

187-24     Sec. 13.  1.  This section and sections 1 to 4, inclusive, and 6 to

187-25   12, inclusive, of this act become effective on October 1, 1999.

187-26     2.  Section 5 of this act becomes effective at 12:01 a.m. on

187-27   October 1, 1999.

187-28     Sec. 104.  Sections 3 and 26 of chapter 522, Statutes of Nevada 1999,

187-29   at pages 2649 and 2673, respectively, are hereby amended to read

187-30   respectively as follows:

187-31     Sec. 3.  1.  If the department does not designate a school

187-32   pursuant to section 2 of this act and, in the immediately succeeding

187-33   school year, less than 90 percent of the pupils enrolled in the school

187-34   who are required to take the examinations administered pursuant to

187-35   NRS 389.015 take the examinations, the department shall designate

187-36   the school as demonstrating need for improvement and the

187-37   provisions of NRS 385.373 apply.

187-38     2.  If the department designates a school as demonstrating need

187-39   for improvement pursuant to subsection 1:

187-40     (a) The school shall, within the same school year, administer

187-41   examinations to the pupils in the school who are enrolled in a grade

187-42   that is required to take the examinations pursuant to NRS 389.015.

187-43   The examinations must be the same examinations that are

187-44   administered to a national reference group of pupils in the same

187-45   grade. The school district shall pay for all costs related to the

187-46   administration of examinations pursuant to this paragraph.

187-47     (b) The department or its designee shall monitor at the school the

187-48   administration of the examinations that are required pursuant to

187-49   NRS 389.015 and ensure that all eligible pupils who are in

187-50   attendance on the day of the administration of the examinations are

188-1  given an opportunity to take the examinations until the school

188-2  receives a designation as demonstrating exemplary achievement,

188-3   high achievement or adequate achievement pursuant to NRS

188-4   385.365.

188-5  3.  A school that is designated as demonstrating need for

188-6   improvement pursuant to subsection 1 is not eligible to receive

188-7   money for remedial programs made available by legislative

188-8   appropriation for the purposes of NRS 385.389.

188-9  4.  If the department designates a school as demonstrating need

188-10   for improvement pursuant to subsection 1 for 2 or more consecutive

188-11   years, the provisions of NRS 385.375 and 385.378 apply.

188-12     Sec. 26.  1.  This section and [section] sections

 23 and 25 of this

188-13   act become effective upon passage and approval.

188-14     2.  Sections 1 to 22, inclusive, and

 24 [and 25] of this act become

188-15   effective on July 1, 1999.

188-16     3.  Section 23.5 of this act becomes effective at 12:01 a.m. on
July 1, 1999.

188-17     Sec. 105.  Section 10 of chapter 526, Statutes of Nevada 1999, at page

188-18   2685, is hereby amended to read as follows:

188-19     Sec. 10.  Section 2 of Senate Bill No. 352 of this session is hereby

188-20   amended to read as follows:

188-21        Sec. 2.  NRS 425.3855 is hereby amended to read as follows:

188-22        425.3855  A district court that enters an order pursuant to NRS

188-23   425.382 to 425.3852, inclusive, and section 1 of this act,

 or an

188-24   order approving a recommendation for the support of a dependent

188-25   child made by a master shall ensure that the social security

188-26   numbers of the parents or legal guardians of the child are:

188-27        1.  Provided to the enforcing authority.

188-28        2.  Placed in the records relating to the matter and, except as

188-29   otherwise required to carry out a specific statute, maintained in a

188-30   confidential manner.

188-31     Sec. 106.  Sections 1, 2 and 3 of chapter 532, Statutes of Nevada 1999,

188-32   at pages 2723, 2724 and 2726, respectively, are hereby amended to read

188-33   respectively as follows:

188-34     Section 1.  NRS 445B.830 is hereby amended to read as follows:

188-35     445B.830  1.  In areas of the state where and when a program is

188-36   commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the

188-37   following fees must be paid to the department of motor vehicles and

188-38   public safety and accounted for in the pollution control account,

188-39   which is hereby created in the state general fund:

188-40     (a) For the issuance and annual renewal of a license for an

188-41   authorized inspection station, authorized maintenance station,

188-42   authorized station or fleet station.............. $25

188-43     (b) For each set of 25 forms certifying emission control

188-44   compliance............................................. 125

188-45     (c) For each form issued to a fleet station... 5

188-46     2.  Except as otherwise provided in subsections 4, 5 and 6, [all

188-47   fees must be used by that department as needed to carry out the

188-48   provisions of NRS 445B.700 to 445B.845, inclusive.]

 and after

188-49   deduction of the amount required for grants pursuant to paragraph

189-1  (a) of subsection 4, money in the pollution control account may,

189-2  pursuant to legislative appropriation or with the approval of the

189-3   interim finance committee, be expended by the following agencies

189-4   in the following order of priority:

189-5  (a) The department of motor vehicles and public safety to carry

189-6   out the provisions of NRS 445B.770 to 445B.845, inclusive.

189-7  (b) The state department of conservation and natural resources

189-8   to carry out the provisions of this chapter.

189-9  (c) The division of agriculture of the department of business and

189-10   industry to carry out the provisions of NRS 590.010 to 590.150,

189-11   inclusive.

189-12     (d) The Tahoe Regional Planning Agency to carry out the

189-13   provisions of NRS 277.200 with respect to the preservation and

189-14   improvement of air quality in the Lake Tahoe Basin.

189-15     (e) The Nevada Tahoe regional planning agency to carry out the

189-16   provisions of NRS 278.780 to 278.828, inclusive.

189-17     (f) The Tahoe Regional Planning Agency to carry out the

189-18   provisions of NRS 277.200 with respect to the attainment or

189-19   maintenance of environmental thresholds in the Lake Tahoe Basin.

189-20     (g) Other agencies of this state to pay the costs incurred by those

189-21   agencies to attain or maintain the environmental thresholds

189-22   established by the Tahoe Regional Planning Agency pursuant to

189-23   NRS 277.200.

189-24     3.  The department of motor vehicles and public safety may

189-25   prescribe by regulation routine fees for inspection at the prevailing

189-26   shop labor rate, including , without limitation, maximum charges for

189-27   those fees, and for the posting of those fees in a conspicuous place at

189-28   an authorized inspection station or authorized station.

189-29     4.  The department of motor vehicles and public safety shall by

189-30   regulation establish a program to award grants of [:

189-31     (a) Money] money

 in the pollution control account to local

189-32   governmental

 agencies in nonattainment or maintenance areas for

189-33   carbon

 monoxide for programs related to the improvement of the

189-34   quality of air. The grants to agencies in a county pursuant to this

189-35   subsection must be made from:

189-36 

   (a) Anamount of money [granted must not exceed that portion of

189-37   the money] in the pollution control account that [equals]

 is equal to

189-38 

 one-fifth of the amount received for each form issued in the county

189-39   pursuant to subsection 1

 [.] ; and

189-40     (b) Excess money in the pollution control account .

 [to air pollution

189-41   control agencies established pursuant to NRS 445B.205 or

189-42   445B.500.] As used in this paragraph, “excess money” means the

189-43   money in excess of $500,000 remaining in the pollution control

189-44   account at the end of the fiscal year

 [.], after deduction of the

189-45   amount required for grants pursuant to paragraph (a) and any

189-46   disbursements made from the account pursuant to subsection 2.

189-47 

   5.  Any regulations adopted pursuant to subsection 4 must provide

189-48   for the creation of an advisory committee consisting of

189-49   representatives of state and local agencies involved in the control of

189-50   emissions from motor vehicles. The committee shall:

190-1  (a) Review applications for grants and make recommendations for

190-2  their approval, rejection or modification;

190-3  (b) Establish goals and objectives for the program for control of

190-4   emissions from motor vehicles;

190-5  (c) Identify areas where funding should be made available; and

190-6  (d) Review and make recommendations concerning regulations

190-7   adopted pursuant to subsection 4 or NRS 445B.770.

190-8  6.  Grants proposed pursuant to subsections 4 and 5 must be

190-9   submitted to the deputy director of the motor vehicles branch of the

190-10   department of motor vehicles and public safety and the administrator

190-11   of the division of environmental protection of the state department of

190-12   conservation and natural resources. Proposed grants approved by the

190-13   deputy director and the administrator must not be awarded until

190-14   approved by the interim finance committee.

190-15     Sec. 2.  NRS 445B.830 is hereby amended to read as follows:

190-16     445B.830  1.  In areas of the state where and when a program is

190-17   commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the

190-18   following fees must be paid to the department of motor vehicles and

190-19   public safety and accounted for in the pollution control account,

190-20   which is hereby created in the state general fund:

190-21     (a) For the issuance and annual renewal of a license for

190-22   an authorized inspection station, authorized maintenance

190-23   station, authorized station or fleet station.. $25

190-24     (b) For each set of 25 forms certifying emission control

190-25   compliance............................................. 125

190-26     (c) For each form issued to a fleet station... 5

190-27     2.  Except as otherwise provided in subsections 4, 5 and 6, and

190-28   after deduction of the amount required for grants pursuant to

190-29   paragraph (a) of subsection 4, money in the pollution control account

190-30   may, pursuant to legislative appropriation or with the approval of the

190-31   interim finance committee, be expended by the following agencies in

190-32   the following order of priority:

190-33     (a) The department of motor vehicles and public safety to carry out

190-34   the provisions of NRS 445B.770 to 445B.845, inclusive.

190-35     (b) The state department of conservation and natural resources to

190-36   carry out the provisions of this chapter.

190-37     (c) The division of agriculture of the department of business and

190-38   industry to carry out the provisions of NRS 590.010 to 590.150,

190-39   inclusive.

190-40     (d) The Tahoe Regional Planning Agency to carry out the

190-41   provisions of NRS 277.200 with respect to the preservation and

190-42   improvement of air quality in the Lake Tahoe Basin.

190-43     [(e) The Nevada Tahoe regional planning agency to carry out the

190-44   provisions of NRS 278.780 to 278.828, inclusive.

190-45     (f) The Tahoe Regional Planning Agency to carry out the

190-46   provisions of NRS 277.200 with respect to the attainment or

190-47   maintenance of environmental thresholds in the Lake Tahoe Basin.

190-48     (g) Other agencies of this state to pay the costs incurred by those

190-49   agencies to attain or maintain the environmental thresholds

191-1  established by the Tahoe Regional Planning Agency pursuant to NRS

191-2  277.200.]

191-3  3.  The department of motor vehicles and public safety may

191-4   prescribe by regulation routine fees for inspection at the prevailing

191-5   shop labor rate, including, without limitation, maximum charges for

191-6   those fees, and for the posting of those fees in a conspicuous place at

191-7   an authorized inspection station or authorized station.

191-8  4.  The department of motor vehicles and public safety shall by

191-9   regulation establish a program to award grants of money in the

191-10   pollution control account to local governmental agencies in

191-11   nonattainment or maintenance areas for carbon monoxide for

191-12   programs related to the improvement of the quality of air. The grants

191-13   to agencies in a county pursuant to this subsection must be made

191-14   from:

191-15     (a) An amount of money in the pollution control account that is

191-16   equal to one-fifth of the amount received for each form issued in the

191-17   county pursuant to subsection 1; and

191-18     (b) Excess money in the pollution control account. As used in this

191-19   paragraph, “excess money” means the money in excess of $500,000

191-20   remaining in the pollution control account at the end of the fiscal

191-21   year, after deduction of the amount required for grants pursuant to

191-22   paragraph (a) and any disbursements made from the account pursuant

191-23   to subsection 2.

191-24     5.  Any regulations adopted pursuant to subsection 4 must provide

191-25   for the creation of an advisory committee consisting of

191-26   representatives of state and local agencies involved in the control of

191-27   emissions from motor vehicles. The committee shall:

191-28     (a) Review applications for grants and make recommendations for

191-29   their approval, rejection or modification;

191-30     (b) Establish goals and objectives for the program for control of

191-31   emissions from motor vehicles;

191-32     (c) Identify areas where funding should be made available; and

191-33     (d) Review and make recommendations concerning regulations

191-34   adopted pursuant to subsection 4 or NRS 445B.770.

191-35     6.  Grants proposed pursuant to subsections 4 and 5 must be

191-36   submitted to the deputy director of the motor vehicles branch of the

191-37   department of motor vehicles and public safety and the administrator

191-38   of the division of environmental protection of the state department of

191-39   conservation and natural resources. Proposed grants approved by the

191-40   deputy director and the administrator must not be awarded until

191-41   approved by the interim finance committee.

191-42     Sec. 3.  1.  This section and section 1 of this act become

191-43   effective at 12:01 a.m. on July 1, 1999.

191-44     2.  Section 2 of this act becomes effective on July 1, 2001.

191-45     [3.  Section 1 of this act expires by limitation on June 30, 2001.]

192-1  Sec. 107.  Sections 14.2, 18 and 22 of chapter 535, Statutes of Nevada

192-2  1999, at pages 2734, 2743 and 2747, respectively, are hereby amended to

192-3   read respectively as follows:

192-4  Sec. 14.2.  NRS 281.477 is hereby amended to read as follows:

192-5  281.477  1.  If a request for an opinion is filed with the

192-6   commission pursuant to NRS 294A.345 or 294A.346, the

192-7   commission shall conduct a public hearing on the request. Except as

192-8   otherwise provided in subsection 6, the hearing must be held as

192-9   expeditiously as possible, but not later than 15 days after the receipt

192-10   of the request for the opinion.

192-11     2.  Such a request must be accompanied by all evidence and

192-12   arguments to be offered by the requester concerning the issues related

192-13   to the request. Except as otherwise provided in this subsection, if

192-14   such evidence and arguments are not submitted with the request, the

192-15   commission may:

192-16     (a) Draw any conclusions it deems appropriate from the failure of

192-17   the person or group of persons requesting the opinion to submit the

192-18   evidence and arguments, other than a conclusion that a person alleged

192-19   to have violated NRS 294A.345 acted with actual malice; and

192-20     (b) Decline to render an opinion.

192-21  The provisions of this subsection do not prohibit the commission from

192-22   considering evidence or arguments presented by the requester after

192-23   submission of the request for an opinion if the commission

192-24   determines that consideration of such evidence or arguments is in the

192-25   interest of justice.

192-26     3.  The commission shall immediately notify any person alleged to

192-27   have violated NRS 294A.345 or 294A.346 that such an opinion has

192-28   been requested by the most expedient means possible. If notice is

192-29   given orally by telephone or in any other manner, a second notice

192-30   must be given in writing notlater than the next calendar day by

192-31   facsimile machine or overnight mail. The notice must include the

192-32   time and place of the commission’s hearing on the matter.

192-33     4.  A person notified pursuant to subsection 3 shall submit a

192-34   response to the commission notlater than the close of business on the

192-35   second business day following the receipt of the notice. The response

192-36   must be accompanied by any evidence concerning the issues related

192-37   to the request that the person has in his possession or may obtain

192-38   without undue financial hardship. Except as otherwise provided in

192-39   this subsection, if such evidence is not submitted within that time, the

192-40   commission may:

192-41     (a) Draw any conclusions it deems appropriate from the failure of

192-42   that person to submit the evidence and argument; and

192-43     (b) Prohibit that person from responding and presenting evidence

192-44   at the hearing.

192-45  The provisions of this subsection do not prohibit the commission from

192-46   allowing that person to respond and present evidence or arguments,

192-47   or both, after the close of business on the second business day if the

192-48   commission determines that consideration of such evidence or

192-49   arguments is in the interest of justice.

193-1  5.  Except as otherwise provided in subsection 4, the commission

193-2  shall allow any person alleged to have violated NRS 294A.345 or

193-3   294A.346 to:

193-4  (a) Be represented by counsel; and

193-5  (b) Hear the evidence presented to the commission and respond

193-6   and present evidence on his own behalf.

193-7  6.  At the request of:

193-8  (a) The person or group of persons that filed the request for the

193-9   opinion pursuant to NRS 294A.345 or 294A.346; or

193-10     (b) The person alleged to have violated the provisions of NRS

193-11   294A.345 or 294A.346,

193-12  the commission may grant a continuance of a hearing held pursuant to

193-13   the provisions of this section upon a showing of the existence of

193-14   extraordinary circumstances that would prohibit the commission from

193-15   rendering a fair and impartial opinion. A continuance may be granted

193-16   for not more than 15 days. Not more than one continuance may be

193-17   granted by the commission pursuant to this subsection.

193-18     7.  The person or group of persons that filed the request for the

193-19   opinion pursuant to NRS 294A.345 or 294A.346 has the burden of

193-20   proving the elements of the offense, including that a person alleged to

193-21   have violated NRS 294A.345 acted with actual malice. The existence

193-22   of actual malice may not be presumed. A final opinion of the

193-23   commission rendered pursuant to this section must be supported by

193-24   clear and convincing evidence. In addition to the other requirements

193-25   for issuing an opinion pursuant to this subsection, the commission

193-26   shall not render a final opinion determining that a person has violated

193-27   NRS 294A.345 unless the commission makes specific findings that:

193-28     (a) The person caused to be published a false statement of fact

193-29   concerning a candidate;

193-30     (b) The person acted with actual malice in causing the false

193-31   statement to be published;

193-32     (c) The person acted with the intent to impede the success of the

193-33   campaign of the candidate in causing the false statement to be

193-34   published; and

193-35     (d) The publication of the false statement did in fact impede the

193-36   success of the campaign of the candidate.

193-37  In addition to the other requirements for issuing an opinion

193-38   pursuant to this subsection, the commission shall not render a final

193-39   opinion determining that a person has violated NRS 294A.345 or

193-40   294A.346 unless a finding that each of the elements of the offense

193-41   has been proven receives the affirmative vote of two-thirds of the

193-42   commission.

193-43     8.  The commission shall render its opinion, or decline to render

193-44   an opinion, as expeditiously as possible, but not later than 3 days

193-45   after the date of the hearing. If additional time is required to

193-46   determine the state of mind or the intent of the person alleged to have

193-47   violated the provisions of NRS 294A.345 or 294A.346 or to

193-48   determine the amount of any civil penalty that may be imposed

193-49   pursuant to NRS 281.551, the commission may continue its

193-50   jurisdiction to investigate those issues but shall render its opinion as

193-51   to the truth or falsity of the

194-1  statement made concerning the candidate or the ballot question or its

194-2  opinion as to whether the person impeded the success of the campaign

194-3   or induced another person to impede the success of the campaign. If

194-4   the commission continues its jurisdiction pursuant to this subsection,

194-5   it may render a final opinion after the time set forth in this subsection.

194-6  9.  A final opinion of the commission rendered pursuant to this

194-7   section is subject to judicial review pursuant to NRS 233B.130. The

194-8   district court shall give a petition for judicial review of a final opinion

194-9   of the commission priority over other civil matters that are not

194-10   expressly given priority by law. Notwithstanding the provisions of

194-11   NRS 233B.130, the court may provide for such expedited review of

194-12   the final opinion, including shortened periods for filing documents, as

194-13   it deems appropriate for the circumstances.

194-14     10.  Each request for an opinion filed pursuant to NRS 294A.345

194-15   or 294A.346, each opinion rendered by the commission pursuant

194-16   thereto and any motion, evidence or record of a hearing relating to

194-17   the request are public and must be open to inspection pursuant to

194-18   NRS 239.010.

194-19     11.  For the purposes of NRS 41.032, the members of the

194-20   commission and its employees shall be deemed to be exercising or

194-21   performing a discretionary function or duty when taking any action

194-22   related to the rendering of an opinion pursuant to this section.

194-23     12.  Except as otherwise provided in this section, a meeting or

194-24   hearing held by the commission to carry out the provisions of this

194-25   section and the commission’s deliberations on the information or

194-26   evidence are not subject to any provision of chapter 241 of NRS.

194-27     13.  As used in this section:

194-28     (a) “Actual malice” has the meaning ascribed to it in NRS

194-29   294A.345.

194-30     (b) “Publish” has the meaning ascribed to it in NRS 294A.345.

194-31     Sec. 18.  NRS 281.551 is hereby amended to read as follows:

194-32 

   281.551  1.  In addition to any other penalty provided by law, the

194-33   commission may impose on a public officer or employee or former

194-34   public officer or employee civil penalties [not to exceed] :

194-35     (a) Not to exceed

 $5,000 for a firstwillful violation of this chapter

194-36 

 [.];

194-37     (b) Not to exceed $10,000 for a separate act or event that

194-38   constitutes a second willful violation of this chapter; and

194-39     (c) Not to exceed $25,000 for a separate act or event that

194-40   constitutes a third willful violation of this chapter.

194-41     2.  In addition to other penalties provided by law, the commission

194-42   may impose a civil penalty not to exceed $5,000 and assess an

194-43   amount equal to the amount of attorney’s fees and costs actually and

194-44   reasonably incurred by the person about whom an opinion was

194-45   requested pursuant to NRS 281.511, against a person who:

194-46     (a) Submits to the commission, in bad faith or with a vexatious

194-47   purpose, an accusation or information that is false;

 or

194-48     (b) [Submits to the commission, in connection with a request for an

194-49   opinion that the commission determines to be without merit, an

194-50   accusation or information that is false; or

195-1  (c)] Prevents, interferes with or attempts to prevent or interfere

195-2  with the discovery or investigation of a violation of this chapter.

195-3  3.  If the commission finds that a violation of a provision of this

195-4   chapter by a public officer or employee or former public officer or

195-5   employee has resulted in the realization by another person of a

195-6   financial benefit, the commission may, in addition to other penalties

195-7   provided by law, require the current or former public officer or

195-8   employee to pay a civil penalty of not more than twice the amount so

195-9   realized.

195-10     4.  [Except as otherwise provided in this subsection, and in]

 In

195-11   addition to any other penalty provided by law, by an affirmative vote

195-12   of two-thirds of the commission,

 the commission may impose on any

195-13   person who violates any provision of NRS 294A.345 or 294A.346 a

195-14   civil penalty not to exceed [$10,000. Except as otherwise provided in

195-15   this subsection, if the commission finds that a violation of NRS

195-16   294A.345 or 294A.346 occurred within 10 days before an election,

195-17   including any recall or special election, the commission may impose

195-18   on the person who committed such a violation a civil penalty not to

195-19   exceed $30,000.]

 $5,000. The commission shall not impose a civil

195-20   penalty for a violation of NRS 294A.345 unless the commission has

195-21   made the specific findings required pursuant to subsection 7 of NRS

195-22   281.477.

195-23     5.  If the commission finds that [a]:

195-24 

   (a) A willful violation of this chapter has been committed by a

195-25   public officer removable from office by impeachment only, it shall

195-26   file a report with the appropriate person responsible for commencing

195-27   impeachment proceedings as to its finding. The report must contain a

195-28   statement of the facts alleged to constitute the violation.

195-29 

   (b) A willful violation of this chapter has been committed by a

195-30   public officer removable from office pursuant to NRS 283.440, the

195-31   commission may file a proceeding in the appropriate court for

195-32   removal of the officer.

195-33     (c) Three or more willful violations have been committed by a

195-34   public officer removable from office pursuant to NRS 283.440, the

195-35   commission shall file a proceeding in the appropriate court for

195-36   removal of the officer.

195-37     6.  An action taken by a public officer or employee or former

195-38   public officer or employee relating to NRS 281.481, 281.491,

195-39   281.501 or 281.505 is not a willful violation of a provision of those

195-40   sections if the public officer or employee:

195-41     (a) Relied in good faith upon the advice of the legal counsel

195-42   retained by the public body which the public officer represents or by

195-43   the employer of the public employee

 [;] or upon the manual

195-44   published by the commission pursuant to NRS 281.471;

195-45     (b) Was unable, through no fault of his own, to obtain an opinion

195-46   from the commission before the action was taken; and

195-47     (c) Took action that was not contrary to a prior published

 opinion

195-48   issued by the commission . [to the public officer or employee.]

195-49 

   7.  In addition to other penalties provided by law, a public

195-50   employee who willfully violates a provision of NRS 281.481,

196-1  281.491, 281.501 or 281.505 is subject to disciplinary proceedings by

196-2  his employer and must be referred for action in accordance to the

196-3   applicable provisions governing his employment.

196-4  8.  NRS 281.481 to 281.541, inclusive, do not abrogate or

196-5   decrease the effect of the provisions of the Nevada Revised Statutes

196-6   which define crimes or prescribe punishments with respect to the

196-7   conduct of public officers or employees. If the commission finds that

196-8   a public officer or employee has committed a willful violation of

196-9   this chapter which it believes may also constitute a criminal

196-10   offense, the commission shall refer the matter to the attorney

196-11   general or the district attorney, as appropriate, for a determination

196-12   of whether a crime has been committed that warrants prosecution.

196-13     9.  The imposition of a civil penalty pursuant to subsections 1 to 4,

196-14   inclusive, is a final decision for the purposes of judicial review.

196-15     10.  In determining for the purposes of this section whether a

196-16   person submitted an accusation or information in bad faith or with a

196-17   vexatious purpose, the commission may consider various factors,

196-18   including, without limitation:

196-19     (a) When the accusation or information was filed with or provided

196-20   to the commission;

196-21     (b) Whether and, if applicable, in what manner the person who

196-22   submitted the accusation or information publicly disseminated the

196-23   accusation or information before the commission determined whether

196-24   there was just and sufficient cause to render an opinion in the matter;

196-25     (c) Whether the accusation or information sets forth alleged facts

196-26   or details that are misleading or deceptive; and

196-27     (d) Whether the accusation or information or the conduct of the

196-28   person who submitted the accusation or information:

196-29          (1) Would be perceived as annoying or harassing by a

196-30   reasonable person; or

196-31          (2) Demonstrates conscious disregard for the process and

196-32   procedures established by the commission.

196-33     11.  A finding by the commission that a public officer or

196-34   employee has violated any provision of this chapter must be

196-35   supported by a preponderance of the evidence unless a greater

196-36   burden is otherwise prescribed by law.

196-37     Sec. 22.  NRS 294A.345 is hereby amended to read as follows:

196-38     294A.345  1.  A person shall not, with actual malice and the

196-39   intent to impede the success of the campaign of a candidate, impede

196-40   the success of the candidate by causing to be published a false

196-41   statement of fact concerning the candidate, including, without

196-42   limitation, statements concerning:

196-43     (a) The education or training of the candidate.

196-44     (b) The profession or occupation of the candidate.

196-45     (c) Whether the candidate committed, was indicted for committing

196-46   or was convicted of committing a felony or other crime involving

196-47   moral turpitude, dishonesty or corruption.

196-48     (d) Whether the candidate has received treatment for a mental

196-49   illness.

197-1  (e) Whether the candidate was disciplined while serving in the

197-2  military or was dishonorably discharged from service in the military.

197-3  (f) Whether another person endorses or opposes the candidate.

197-4  (g) The record of voting of a candidate if he formerly served or

197-5   currently serves as a public officer.

197-6  2.  Any candidate who alleges that a false statement of fact

197-7   concerning the candidate has been published in violation of

197-8   subsection 1 may file a request for an opinion with the commission

197-9   on ethics pursuant to NRS 281.411 to 281.581, inclusive. Such a

197-10   request must be filed with the commission not later than 10 days

197-11   after the date on which the false statement of fact is alleged to have

197-12   been made.

 The commission shall give priority to such a request over

197-13   all other matters pending with the commission.

197-14     3.  A person who violates the provisions of this section is subject

197-15   to a civil penalty that may be imposed by the commission on ethics

197-16   pursuant to NRS 281.551.

197-17     4.  As used in this section:

197-18     (a) “Actual malice” means knowledge of the falsity of a statement

197-19   or reckless disregard for whether a statement is true or false.

197-20     (b) “Publish” means the act of printing, posting, broadcasting,

197-21   mailing, speaking or otherwise disseminating.

197-22     Sec. 108.  1.  Section 31 of chapter 540, Statutes of Nevada 1999, at

197-23   page 2782, is hereby amended to read as follows:

197-24     Sec. 31.  This section and sections 7 to 12, inclusive, and 14 to

197-25   [29,] 29.1, inclusive, of this act become effective on June 30, 1999.

197-26     2.  Chapter 540, Statutes of Nevada 1999, at page 2782, is hereby

197-27   amended by adding thereto a new section to be designated as section 29.1,

197-28   immediately following section 29, to read as follows:

197-29     Sec. 29.1.  Section 2 of chapter 601, Statutes of Nevada 1999, at

197-30   page 3273, is hereby repealed.

197-31     Sec. 109.  Sections 41, 65.5 and 65.7 of chapter 541, Statutes of

197-32   Nevada 1999, at pages 2807, 2820 and 2821, respectively, are hereby

197-33   amended to read respectively as follows:

197-34     Sec. 41.  NRS 689B.410 is hereby amended to read as follows:

197-35     689B.410  1.  “Health benefit plan” means a policy, contract,

197-36   certificate or agreement offered by a carrier to provide for, arrange

197-37   for the

 payment of, pay for or reimburse any of the costs of health

197-38   care services. Except as otherwise provided in this section, the term

197-39   includes [short-term and] catastrophic health insurance policies, and a

197-40   policy that pays on a cost-incurred basis.

197-41     2.  The term does not include:

197-42     (a) Coverage that is only for accident or disability income

197-43   insurance, or any combination thereof;

197-44     (b) Coverage issued as a supplement to liability insurance;

197-45     (c) Liability insurance, including general liability insurance and

197-46   automobile liability insurance;

197-47     (d) Workers’ compensation or similar insurance;

197-48     (e) Coverage for medical payments under a policy of automobile

197-49   insurance;

197-50     (f) Credit insurance;

198-1  (g) Coverage for on-site medical clinics; [and]

198-2  (h) Other similar insurance coverage specified in federal

198-3   regulations issued pursuant to the Health Insurance Portability and

198-4   Accountability Act of 1996,

 Public Law 104-191 , under which

198-5   benefits for medical care are secondary or incidental to other

198-6   insurance benefits

 [.] ;

198-7  (i) Coverage under a short‑term health insurance policy; and

198-8  (j) Coverage under a blanket student accident and health

198-9   insurance policy.

198-10     3.  If the benefits are provided under a separate policy, certificate

198-11   or contract of insurance or are otherwise not an integral part of a

198-12   health benefit plan, the term does not include the following benefits:

198-13     (a) Limited-scope dental or vision benefits;

198-14     (b) Benefits for long-term care, nursing home care, home health

198-15   care or community-based care, or any combination thereof; and

198-16     (c) Such other similar benefits as are specified in any federal

198-17   regulations adopted pursuant to the Health Insurance Portability

198-18   and Accountability Act of 1996,

 Public Law 104-191.

198-19     4.  For the purposes of NRS 689B.340 to 689B.600, inclusive, if

198-20   the benefits are provided under a separate policy, certificate or

198-21   contract of insurance, there is no coordination between the provision

198-22   of the benefits and any exclusion of benefits under any group health

198-23   plan maintained by the same plan sponsor, and [such]

 the benefits are

198-24   paid for a claim without regard to whether benefits are provided for

198-25   such a claim under any group health plan maintained by the same

198-26   plan sponsor, the term does not include:

198-27     (a) Coverage that is only for a specified disease or illness; and

198-28     (b) Hospital indemnity or other fixed indemnity insurance.

198-29     5.  For the purposes of NRS 689B.340 to 689B.600, inclusive, if

198-30   offered as a separate policy, certificate or contract of insurance, the

198-31   term does not include:

198-32     (a) Medicare supplemental health insurance as defined in section

198-33   1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss,

 as that

198-34   section existed on July 16, 1997;

198-35     (b) Coverage supplemental to the coverage provided pursuant to

198-36   [chapter 55 of Title 10, United States Code (]

 the Civilian Health and

198-37   Medical Program of Uniformed Services [(CHAMPUS));] ,

198-38   CHAMPUS, 10 U.S.C. §§ 1071 et seq.;

 and

198-39     (c) Similar supplemental coverage provided under a group health

198-40   plan.

198-41     Sec. 65.5.  NRS 287.025 is hereby amended to read as follows:

198-42     287.025  The governing body of any county, school district,

198-43   municipal corporation, political subdivision, public corporation or

198-44   other public agency of the State of Nevada may, in addition to the

198-45   other powers granted in NRS 287.010 and 287.020:

198-46     1.  Negotiate and contract with any other such agency or with the

198-47   board of the public employees’ benefits program to secure group

198-48   insurance for its officers and employees and their dependents by

198-49   participation in any group insurance plan established or to be

199-1  established or in the public employees’ benefits program .[; and]

199-2  Each such contract:

199-3  (a) Must be submitted to the commissioner of insurance not less

199-4   than 30 days before the date on which the contract is to become

199-5   effective for approval.

199-6  (b) Does not become effective unless approved by the

199-7   commissioner.

199-8  (c) Shall be deemed to be approved if not disapproved by the

199-9   commissioner of insurance within 30 days after its submission.

199-10     2.  To secure group health, life or workers’ compensation

199-11   insurance for its officers and employees and their dependents,

199-12   participate as a member of a nonprofit cooperative association or

199-13   nonprofit corporation that has been established in this state to secure

199-14   such insurance for its members from an insurer licensed pursuant to

199-15   the provisions of Title 57 of NRS.

199-16     3.  In addition to the provisions of subsection 2, participate as a

199-17   member of a nonprofit cooperative association or nonprofit

199-18   corporation that has been established in this state to:

199-19     (a) Facilitate contractual arrangements for the provision of medical

199-20   services to its members’ officers and employees and their dependents

199-21   and for related administrative services.

199-22     (b) Procure health-related information and disseminate that

199-23   information to its members’ officers and employees and their

199-24   dependents.

199-25     Sec. 65.7.  NRS 287.0434 is hereby amended to read as follows:

199-26     287.0434  The board may:

199-27     1.  Use its assets to pay the expenses of health care for its

199-28   members and covered dependents, to pay its employees’ salaries and

199-29   to pay administrative and other expenses.

199-30     2.  Enter into contracts relating to the administration of the

199-31   program, including, without limitation, contracts with licensed

199-32   administrators and qualified actuaries.

 Each such contract with a

199-33   licensed administrator:

199-34     (a) Must be submitted to the commissioner of insurance not less

199-35   than 30 days before the date on which the contract is to become

199-36   effective for approval as to the reasonableness of administrative

199-37   charges in relation to contributions collected and benefits provided.

199-38     (b) Does not become effective unless approved by the

199-39   commissioner.

199-40     (c) Shall be deemed to be approved if not disapproved by the

199-41   commissioner of insurance within 30 days after its submission.

199-42     3.  Enter into contracts with physicians, surgeons, hospitals, health

199-43   maintenance organizations and rehabilitative facilities for medical,

199-44   surgical and rehabilitative care and the evaluation, treatment and

199-45   nursing care of members and covered dependents.

199-46     4.  Enter into contracts for the services of other experts and

199-47   specialists as required by the program.

199-48     5.  Charge and collect from an insurer, health maintenance

199-49   organization, organization for dental care or nonprofit medical

199-50   service corporation, a fee for the actual expenses incurred by the

199-51   board, the

200-1  state or a participating public employer in administering a plan of

200-2  insurance offered by that insurer, organization or corporation.

200-3  Sec. 110.  1.  Section 2 of chapter 551, Statutes of Nevada 1999, at

200-4   page 2875, is hereby amended to read as follows:

200-5  Sec. 2.  NRS 613.310 is hereby amended to read as follows:

200-6  613.310  As used in NRS 613.310 to 613.435, inclusive, and

200-7   section 1 of this act,

 unless the context otherwise requires:

200-8  1.  “Disability” means, with respect to a person:

200-9  (a) A physical or mental impairment that substantially limits one or

200-10   more of the major life activities of the person;

200-11     (b) A record of such an impairment; or

200-12     (c) Being regarded as having such an impairment.

200-13     2.  “Employer” means any person who has 15 or more employees

200-14   for each working day in each of 20 or more calendar weeks in the

200-15   current or preceding calendar year, but does not include:

200-16     (a) The United States or any corporation wholly owned by the

200-17   United States.

200-18     (b) Any Indian tribe.

200-19     (c) Any private membership club exempt from taxation pursuant to

200-20   26 U.S.C. § 501(c).

200-21     3.  “Employment agency” means any person regularly undertaking

200-22   with or without compensation to procure employees for an employer

200-23   or to procure for employees opportunities to work for an employer,

200-24   but does not include any agency of the United States.

200-25     4.  “Labor organization” means any organization of any kind, or

200-26   any agency or employee representation committee or plan, in which

200-27   employees participate and which exists for the purpose, in whole or

200-28   in part, of dealing with employers concerning grievances, labor

200-29   disputes, wages, rates of pay, hours of employment or other

200-30   conditions of employment.

200-31     5.  “Person” includes the State of Nevada and any of its political

200-32   subdivisions.

200-33     6.  “Sexual orientation” means having or being perceived as

200-34   having an orientation for heterosexuality, homosexuality or

200-35   bisexuality.

200-36     2.  Chapter 551, Statutes of Nevada 1999, at page 2875, is hereby

200-37   amended by adding thereto a new section to be designated as section 3,

200-38   immediately following section 2, to read as follows:

200-39     Sec. 3.  Section 2 of this act becomes effective at 12:01 a.m. on

200-40   October 1, 1999.

200-41     Sec. 111.  1.  Sections 22, 23 and 25 of chapter 555, Statutes of

200-42   Nevada 1999, at pages 2892 and 2893, are hereby amended to read

200-43   respectively as follows:

200-44     Sec. 22.  Section 1 of Assembly Bill No. 255 of this session is

200-45   hereby amended to read as follows:

200-46        Section 1.  NRS 353A.025 is hereby amended to read as

200-47   follows:

200-48        353A.025  1.  The head of each agency shall periodically

200-49   review the agency’s system of internal accounting and

200-50   administrative control to determine whether it is in compliance

200-51   with

201-1  the uniform system of internal accounting and administrative

201-2  control for agencies adopted pursuant to subsection 1 of NRS

201-3   353A.020.

201-4  2.  On or before July 1 of each even-numbered year, the head of

201-5   each agency shall report to the director whether the agency’s

201-6   system of internal accounting and administrative control is in

201-7   compliance with the uniform system adopted pursuant to

201-8   subsection 1 of NRS 353A.020. The reports must be made

201-9   available for inspection by the members of the legislature.

201-10 

      3.  For the purposes of this section, “agency” does not include:

201-11        (a) A board or commission created by the provisions of chapters

201-12   623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS

201-13   [.] and sections 2 to 44, inclusive, of Senate Bill No. 210 of this

201-14   session.

201-15        (b) The University and Community College System of Nevada.

201-16        (c) The public employees’ retirement system.

201-17        (d) The state industrial insurance system.

201-18        (e) The housing division of the department of business and

201-19   industry.

201-20        (f) The Colorado River Commission.

201-21 

      4.  The director shall, on or before the first Monday in

201-22   February of each odd-numbered year, submit a report on the

201-23   status of internal accounting and administrative controls in

201-24   agencies to the:

201-25        (a) Director of the legislative counsel bureau for transmittal to

201-26   the:

201-27                 (1) Senate standing committee on finance; and

201-28                 (2) Assembly standing committee on ways and means;

201-29        (b) Governor; and

201-30        (c) Legislative auditor.

201-31        5.  The report submitted by the director pursuant to subsection

201-32   4 must include, without limitation:

201-33        (a) The identification of each agency that has not complied

201-34   with the requirements of subsections 1 and 2;

201-35        (b) The identification of each agency that does not have an

201-36   effective method for reviewing its system of internal accounting

201-37   and administrative control; and

201-38        (c) The identification of each agency that has weaknesses in its

201-39   system of internal accounting and administrative control, and the

201-40   extent and types of such weaknesses.

201-41     Sec. 23.  NRS 353A.035 [is]

 , section 104 of chapter 388,

201-42   Statutes of Nevada 1999, at page 1821, and section 56 of chapter

201-43   574, Statutes of Nevada 1999, at page 3065, are hereby repealed.

201-44     Sec. 25.  1.  This section and sections 1 to 17, inclusive, 18 and

201-45   19 to 24, inclusive, of this act [becomes] become effective on July 1,

201-46   1999.

201-47     2.  Section 17.1 of this act becomes effective on October 1, 1999.

201-48     3.  Sections 17.2 and 18.1 of this act become effective on

201-49   January 1, 2000, only if, on that date, the manager of the state

201-50   industrial insurance system transfers the assets of the state

202-1  industrial insurance system to a domestic mutual insurance

202-2  company pursuant to section 129 of Senate Bill No. 37 of this

202-3   session.

202-4  2.  Chapter 555, Statutes of Nevada 1999, at page 2890, is hereby

202-5   amended by adding thereto new sections to be designated as sections 17.1

202-6   and 17.2, immediately following section 17, to read respectively as

202-7   follows:

202-8  Sec. 17.1.  NRS 353A.020 is hereby amended to read as follows:

202-9  353A.020  1.  The director, in consultation with the committee

202-10   and legislative auditor, shall adopt a uniform system of internal

202-11   accounting and administrative control for agencies. The elements of

202-12   the system must include, without limitation:

202-13     (a) A plan of organization which provides for a segregation of

202-14   duties appropriate to safeguard the assets of the agency;

202-15     (b) A plan which limits access to assets of the agency to persons

202-16   who need the assets to perform their assigned duties;

202-17     (c) Procedures for authorizations and recordkeeping which

202-18   effectively control accounting of assets, liabilities, revenues and

202-19   expenses;

202-20     (d) A system of practices to be followed in the performance of the

202-21   duties and functions of each agency; and

202-22     (e) An effective system of internal review.

202-23     2.  The director, in consultation with the committee and legislative

202-24   auditor, may modify the system whenever he considers it necessary.

202-25     3.  Each agency shall develop written procedures to carry out the

202-26   system of internal accounting and administrative control adopted

202-27   pursuant to this section.

202-28     4.  For the purposes of this section, “agency” does not include:

202-29     (a) A board or commission created by the provisions of chapters

202-30   623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS

 [.]

202-31 

 and sections 2 to 44, inclusive, of Senate Bill No. 210 of this

202-32   session.

202-33     (b) The University and Community College System of Nevada.

202-34     (c) The public employees’ retirement system.

202-35     (d) The state industrial insurance system.

202-36     (e) The housing division of the department of business and

202-37   industry.

202-38     (f) The Colorado River Commission.

202-39     Sec. 17.2.  NRS 353A.020 is hereby amended to read as follows:

202-40     353A.020  1.  The director, in consultation with the committee

202-41   and legislative auditor, shall adopt a uniform system of internal

202-42   accounting and administrative control for agencies. The elements of

202-43   the system must include, without limitation:

202-44     (a) A plan of organization which provides for a segregation of

202-45   duties appropriate to safeguard the assets of the agency;

202-46     (b) A plan which limits access to assets of the agency to persons

202-47   who need the assets to perform their assigned duties;

202-48     (c) Procedures for authorizations and recordkeeping which

202-49   effectively control accounting of assets, liabilities, revenues and

202-50   expenses;

203-1  (d) A system of practices to be followed in the performance of the

203-2  duties and functions of each agency; and

203-3  (e) An effective system of internal review.

203-4  2.  The director, in consultation with the committee and legislative

203-5   auditor, may modify the system whenever he considers it necessary.

203-6  3.  Each agency shall develop written procedures to carry out the

203-7   system of internal accounting and administrative control adopted

203-8   pursuant to this section.

203-9  4.  For the purposes of this section, “agency” does not include:

203-10     (a) A board or commission created by the provisions of chapters

203-11   623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS and

203-12   sections 2 to 44, inclusive, of Senate Bill No. 210 of this session.

203-13     (b) The University and Community College System of Nevada.

203-14     (c) The public employees’ retirement system.

203-15     (d) [The state industrial insurance system.

203-16     (e)] The housing division of the department of business and

203-17   industry.

203-18     [(f)]

 (e) The Colorado River Commission.

203-19     3.  Chapter 555, Statutes of Nevada 1999, at page 2890, is hereby

203-20   amended by adding thereto a new section to be designated as section 18.1,

203-21   immediately following section 18, to read as follows:

203-22     Sec. 18.1.  NRS 353A.025 is hereby amended to read as follows:

203-23     353A.025  1.  The head of each agency shall periodically review

203-24   the agency’s system of internal accounting and administrative control

203-25   to determine whether it is in compliance with the uniform system of

203-26   internal accounting and administrative control for agencies adopted

203-27   pursuant to subsection 1 of NRS 353A.020.

203-28     2.  On or before July 1 of each even-numbered year, the head of

203-29   each agency shall report to the director whether the agency’s system

203-30   of internal accounting and administrative control is in compliance

203-31   with the uniform system adopted pursuant to subsection 1 of NRS

203-32   353A.020. The reports must be made available for inspection by the

203-33   members of the legislature.

203-34 

   3.  For the purposes of this section, “agency” does not include:

203-35     (a) A board or commission created by the provisions of chapters

203-36   623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS and

203-37   sections 2 to 44, inclusive, of Senate Bill No. 210 of this session.

203-38     (b) The University and Community College System of Nevada.

203-39     (c) The public employees’ retirement system.

203-40     (d) [The state industrial insurance system.

203-41     (e)] The housing division of the department of business and

203-42   industry.

203-43     [(f)] (e) The Colorado River Commission.

203-44     4.  The director shall, on or before the first Monday in February of

203-45   each odd-numbered year, submit a report on the status of internal

203-46   accounting and administrative controls in agencies to the:

203-47     (a) Director of the legislative counsel bureau for transmittal to the:

203-48          (1) Senate standing committee on finance; and

203-49          (2) Assembly standing committee on ways and means;

203-50     (b) Governor; and

204-1  (c) Legislative auditor.

204-2  5.  The report submitted by the director pursuant to subsection 4

204-3   must include, without limitation:

204-4  (a) The identification of each agency that has not complied with

204-5   the requirements of subsections 1 and 2;

204-6  (b) The identification of each agency that does not have an

204-7   effective method for reviewing its system of internal accounting and

204-8   administrative control; and

204-9  (c) The identification of each agency that has weaknesses in its

204-10   system of internal accounting and administrative control, and the

204-11   extent and types of such weaknesses.

204-12     4.  Chapter 555, Statutes of Nevada 1999, at page 2893, is hereby

204-13   amended by adding thereto new sections to be designated as sections 22.1

204-14   and 22.2, immediately following section 22, to read respectively as

204-15   follows:

204-16     Sec. 22.1.  Section 140 of chapter 388, Statutes of Nevada 1999,

204-17   at page 1843, as amended by section 26.5 of chapter 582, Statutes of

204-18   Nevada 1999, at page 3148, is hereby amended to read as follows:

204-19        Sec. 140.  1.  This section, section 27, subsection 1 of section

204-20   127, and sections 128 and 129 of this act become effective upon

204-21   passage and approval.

204-22        2.  Subsection 1 of section 132 of this act becomes effective on

204-23   June 1, 1999.

204-24        3.  Sections 2, 3, 12.5, 86.1, 86.2, 86.6 to 86.9, inclusive, 96.5,

204-25   116, 122, 126.3, 127.5, 130 and 135 of this act become effective on

204-26   July 1, 1999.

204-27        4.  Section 86.4 of this act becomes effective on July 1, 1999,

204-28   only if Assembly Bill No. 660 of this session is enacted by the

204-29   legislature.

204-30        5.  Sections 20.5, 35, 89, 117 and 139.4 of this act become

204-31   effective at 12:01 a.m. on July 1, 1999.

204-32        6.  Sections 20, 24, 25, 26 and 96 of this act become effective

204-33   on the date the governor issues a proclamation pursuant to

204-34   subsection 1 of section 129 of this act.

204-35        7.  Sections 29 and 126.5 of this act become effective on the

204-36   date the governor issues a proclamation pursuant to subsection 1 of

204-37   section 129 of this act, only if the governor issues the proclamation

204-38   before October 1, 1999.

204-39        8.  Section 29.5 of this act becomes effective:

204-40        (a) At 12:01 a.m. on October 1, 1999, only if the governor issues

204-41   a proclamation pursuant to subsection 1 of section 129 of this act

204-42   on October 1, 1999; or

204-43        (b) On the date the governor issues a proclamation pursuant to

204-44   subsection 1 of section 129 of this act, only if the governor issues

204-45   the proclamation after October 1, 1999.

204-46        9.  Sections 20.6, 49.5, 52.5, 53.5, 57.2, 57.4, 62.1 to 62.5,

204-47   inclusive, 68.2 to 68.8, inclusive, 80.5 and 139.2 of this act become

204-48   effective on January 1, 2000.

204-49        10.  Sections 1, 4 to 12, inclusive, 13 to 19, inclusive, 21, 22,

204-50   23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to

205-1  57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80,

205-2  inclusive, 81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to 103,

205-3   inclusive, 105 to 114, inclusive, 118 to 121, inclusive, 123 to 126,

205-4   inclusive, subsection 2 of section 127, 131, subsection 2 of section

205-5   132, 133, 134, 136 to 139, inclusive, and 141 of this act become

205-6   effective on January 1, 2000, only if, on that date, the manager of

205-7   the state industrial insurance system transfers the assets of the state

205-8   industrial insurance system to a domestic mutual insurance

205-9   company pursuant to section 129 of this act.

205-10        11.  Sections 63 and 115 of this act become effective at 12:01

205-11   a.m. on January 1, 2000, only if, on that date, the manager of the

205-12   state industrial insurance system transfers the assets of the state

205-13   industrial insurance system to a domestic mutual insurance

205-14   company pursuant to section 129 of this act.

205-15        12.  Sections 20, 96, 116, 122 and 126.3 of this act expire by

205-16   limitation on January 1, 2000, if the manager of the state industrial

205-17   insurance system transfers the assets of the state industrial

205-18   insurance system to a domestic mutual insurance company

205-19   pursuant to section 129 of this act.

205-20        13.  Section 8 of this act expires by limitation on June 30, 2003.

205-21        14.  Section 100 of this act expires by limitation on May 1,

205-22   2013.

205-23     Sec. 22.2.  Section 84 of chapter 574, Statutes of Nevada 1999, at

205-24   page 3079, is hereby amended to read as follows:

205-25        Sec. 84.  1.  This section and sections 1 to [57,] 55, inclusive,

205-26   57,

 59 to 72, inclusive, and 78 to 83, inclusive, of this act become

205-27   effective on October 1, 1999.

205-28        2.  Section 77.5 of this act becomes effective on January 1,

205-29   2000.

205-30        3.  Sections 57.5 to 58.6, inclusive, of this act become effective

205-31   on July 1, 2001.

205-32        4.  Sections 73 to 77, inclusive, of this act, become effective on

205-33   the date on which the provisions of 42 U.S.C. § 666 requiring each

205-34   state to establish procedures under which the state has authority to

205-35   withhold or suspend, or to restrict the use of professional,

205-36   occupational and recreational licenses of persons who:

205-37        (a) Have failed to comply with a subpoena or warrant relating to

205-38   a procedure to determine the paternity of a child or to establish or

205-39   enforce an obligation for the support of a child; or

205-40        (b) Are in arrears in the payment for the support of one or more

205-41   children,

205-42  are repealed by the Congress of the United States.

205-43        5.  Sections 21, 22 and 43 of this act expire by limitation on the

205-44   date on which the provisions of 42 U.S.C. § 666 requiring each

205-45   state to establish procedures under which the state has authority to

205-46   withhold or suspend, or to restrict the use of professional,

205-47   occupational and recreational licenses of persons who:

205-48        (a) Have failed to comply with a subpoena or warrant relating to

205-49   a procedure to determine the paternity of a child or to establish or

205-50   enforce an obligation for the support of a child; or

206-1  (b) Are in arrears in the payment for the support of one or more

206-2  children,

206-3  are repealed by the Congress of the United States.

206-4  Sec. 112.  Section 5 of chapter 557, Statutes of Nevada 1999, at page

206-5   2912, is hereby amended to read as follows:

206-6  Sec. 5.  1.  This section and sections 1 and 3 of this act become

206-7   effective upon passage and approval.

206-8  2.  Sections 2 and 4 of this act become effective at 12:01 a.m.

 on

206-9   [June 30, 2001.]

 July 1, 2001.

206-10     3.  [Sections 1 and 3] Section 1

 of this act [expire] expires by

206-11   limitation on June 30, 2001.

206-12     Sec. 113.  Section 22 of chapter 559, Statutes of Nevada 1999, at page

206-13   2939, is hereby amended to read as follows:

206-14     Sec. 22.  Section 4 of chapter 333, Statutes of Nevada 1997, at

206-15   page 1229, is hereby amended to read as follows:

206-16        Sec. 4.  1.  [There is hereby created an] An

 advisory

206-17   committee for the statewide automated system of information

206-18   concerning pupils

 [.] is hereby created. The advisory committee

206-19   consists of:

206-20        (a) [Representatives of school districts. The] One representative

206-21   of each school district, appointed by

 the board of trustees .[of

206-22   each school district shall each appoint one representative.]

206-23        (b) Two representatives of the state board of education,

206-24   appointed by the president of the board.

206-25        (c) One representative of the budget division of the department

206-26   of administration, appointed by the chief of the budget division.

206-27        (d) Two members of the legislature. One of the members must

206-28   be appointed by the majority leader of the senate and one of the

206-29   members must be appointed by the speaker of the assembly.

206-30        2.  The term of each member of the advisory committee

206-31   commences on August 1, 1997, and expires on June 30, [1999.]

206-32 

 2001.

206-33        3.  For each day or portion of a day during which a member

206-34   of the advisory committee who is a legislator attends a meeting of

206-35   the advisory committee or is otherwise engaged in the business of

206-36   the advisory committee, except during a regular or special

206-37   session of the legislature, he is entitled to receive the:

206-38        (a) Compensation provided for a majority of the members of

206-39   the legislature during the first 60 days of the preceding session;

206-40        (b) Per diem allowance provided for state officers and

206-41   employees generally; and

206-42        (c) Travel expenses provided pursuant to NRS 218.2207.

206-43  The compensation, per diem allowances and travel expenses of

206-44   the legislative members of the advisory committee must be paid

206-45   from the legislative fund.

206-46        4.

  The members of the advisory committee who are not

206-47   legislators

 serve without compensation, except that for each day or

206-48   portion of a day during which a member of the advisory committee

206-49   attends a meeting of the advisory committee or is otherwise

206-50   engaged in the work of the advisory committee, he is entitled to

207-1  receive the per diem allowance and travel expenses provided for

207-2  state officers and employees generally.

207-3  [4.]

 5.  The superintendent of public instruction shall hold at

207-4   least eight meetings with the advisory committee and during those

207-5   meetings report to and consider any suggestions of the advisory

207-6   committee concerning the establishment and maintenance of the

207-7   statewide automated system of information concerning pupils.

207-8  Sec. 114.  1.  Sections 10, 13, 34 and 37 of chapter 565, Statutes of

207-9   Nevada 1999, at pages 2953, 2954, 2965 and 2967, respectively, are

207-10   hereby amended to read respectively as follows:

207-11     Sec. 10.  The following acts or omissions, among others,

207-12   constitute cause for disciplinary action pursuant to NRS 624.300:

207-13     1.  Contracting, offering to contract or submitting a bid as a

207-14   contractor if the contractor’s license:

207-15          (a) Has been suspended or revoked pursuant to NRS 624.300; or

207-16          (b) Is inactive.

207-17          2.  Failure to comply with a written citation issued pursuant to

207-18   section 4 of this act within the time permitted for compliance set

207-19   forth in the citation, or, if a hearing is held pursuant to NRS

207-20   624.310, within 15 business days after the hearing.

207-21          3.  Except as otherwise provided in subsection 2, failure to pay

207-22   an administrative fine imposed pursuant to this chapter within 30

207-23   days after:

207-24          (a) Receiving notice of the imposition of the fine; or

207-25          (b) The final administrative or judicial decision affirming the

207-26   imposition of the fine,

207-27  whichever occurs later.

207-28          4.  The suspension, revocation or other disciplinary action taken

207-29   by another state against a contractor based on a license issued by

207-30   that state if the contractor is licensed in this state or applies for a

207-31   license in this state. A certified copy of the suspension, revocation

207-32   or other disciplinary action taken by another state against a

207-33   contractor based on a license issued by that state is conclusive

207-34   evidence of that action.

207-35          5.  Failure or refusal to respond to a written request from the

207-36   board or its designee to cooperate in the investigation of a

207-37   complaint.

207-38          6.  Failure or refusal to comply with a written request by the

207-39   board or its designee for information or records, or obstructing or

207-40   delaying the providing of such information or records.

207-41          Sec. 13.  NRS 624.115 is hereby amended to read as follows:

207-42          624.115  1.  The board may employ attorneys, investigators and

207-43   other professional consultants and clerical personnel necessary to the

207-44   discharge of its duties.

207-45          2.  The board may require criminal investigators who are

207-46   employed by the board pursuant to section 2 of this act

 to [locate

207-47   persons who:

207-48          (a)]

 :

207-49          (a) Conduct a background investigation of a licensee or an

207-50   applicant for a contractor’s license;

208-1           (b) Locate and identify persons who:

208-2                     (1) Engage in the business or act in the capacity of a contractor

208-3   within this state

 [; or

208-4           (b)]

 in violation of the provisions of this chapter;

208-5 

                   (2) Submit bids on jobs situated within this state [,]in violation of

208-6   [NRS 624.230.]

 the provisions of this chapter; or

208-7                     (3) Otherwise violate the provisions of this chapter or the

208-8   regulations adopted pursuant to this chapter; and

208-9           (c) Issue a misdemeanor citation prepared manually or

208-10   electronically pursuant to NRS 171.1773 to a person who violates a

208-11   provision of this chapter that is punishable as a misdemeanor. A

208-12   criminal investigator may request any constable, sheriff or other

208-13   peace officer to assist him in the issuance of such a citation.

208-14          Sec. 34.  NRS 624.307 is hereby amended to read as follows:

208-15          624.307  1.  It is unlawful for any person, including a person

208-16   exempt under the provisions of NRS 624.330, to advertise as a

208-17   contractor unless he has a license in the appropriate classification

208-18   established by the provisions of NRS 624.215 and 624.220.

208-19          2.  All advertising by a licensed contractor must include the name

208-20   of his company and

 the number of his license.

208-21          3.  If, after giving notice and holding a hearing pursuant to NRS

208-22   624.310, the board determines that a person has engaged in

208-23   advertising in a manner that violates the provisions of this section, the

208-24   board may, in addition to any penalty, punishment or disciplinary

208-25   action authorized by the provisions of this chapter, issue an order to

208-26   the person to cease and desist the unlawful advertising and to:

208-27          (a) Cause any telephone number included in the advertising, other

208-28   than a telephone number to a provider of paging services, to be

208-29   disconnected.

208-30          (b) Request the provider of paging services to change the number

208-31   of any beeper which is included in the advertising or disconnect the

208-32   paging services to such a beeper, and to inform the provider of

208-33   paging services that the request is made pursuant to this section.

208-34          4.  If a person fails to comply with paragraph (a) of subsection 3

208-35   within 5 days after the date that he receives an order pursuant to

208-36   subsection 3, the board may request the public utilities commission of

208-37   Nevada to order the appropriate provider of telephone service to

208-38   disconnect any telephone number included in the advertisement,

208-39   except for a telephone number to a provider of paging services. If a

208-40   person fails to comply with paragraph (b) of subsection 3 within 5

208-41   days after the date he receives an order pursuant to subsection 3, the

208-42   board may request the provider of paging services to switch the

208-43   beeper number or disconnect the paging services provided to the

208-44   person, whichever the provider deems appropriate.

208-45          5.  If the provider of paging services receives a request from a

208-46   person pursuant to subsection 3 or a request from the board pursuant

208-47   to subsection 4, it shall:

208-48          (a) Disconnect the paging service to the person; or

208-49     (b) Switch the beeper number of the paging service provided to the

208-50   person.

209-1  If the provider of paging services elects to switch the number pursuant

209-2  to paragraph (b), it shall not forward or offer to forward the paging

209-3   calls from the previous number, or provide or offer to provide a

209-4   recorded message that includes the new beeper number.

209-5  6.  As used in this section:

209-6  (a) “Advertising” includes, but is not limited to, the issuance of

209-7   any sign, card or device, or the permitting or allowing of any sign or

209-8   marking on a motor vehicle, in any building, structure, newspaper,

209-9   magazine or airway transmission , on the Internet

 or in any directory

209-10   under the listing of “contractor” with or without any limiting

209-11   qualifications.

209-12     (b) “Beeper” means a portable electronic device which is used to

209-13   page the person carrying it by emitting an audible or a vibrating

209-14   signal when the device receives a special radio signal.

209-15     (c) “Provider of paging services” means an entity, other than a

209-16   public utility, that provides paging service to a beeper.

209-17     (d) “Provider of telephone service” has the meaning ascribed to it

209-18   in NRS 707.355.

209-19     Sec. 37.  NRS 278.610 is hereby amended to read as follows:

209-20     278.610  1.  Afterthe establishment of the position of building

209-21   inspector and the filling of the position as provided in NRS 278.570,

209-22   it is unlawful to erect, construct, reconstruct, alter or change the use

209-23   of any building or other structure within the territory covered by the

209-24   building code or zoning regulations without obtaining a building

209-25   permit from the building inspector.

209-26     2.  The building inspector shall not issue any permit unless the

209-27   plans of and for the proposed erection, construction, reconstruction,

209-28   alteration or use fully:

209-29     (a) Conform to all building code and zoning regulations then in

209-30   effect.

209-31     (b) If applicable, comply with the provisions of NRS 393.110.

209-32     3.  A building inspector shall not issue a building permit to a

209-33   person acting for another unless the applicant proves to the

209-34   satisfaction of the building inspector that he is licensed as a

209-35   contractor for that work pursuant to the provisions of [NRS 624.230

209-36   to 624.320, inclusive.] chapter 624 of NRS.

209-37     2.  Chapter 565, Statutes of Nevada 1999, at page 2969, is hereby

209-38   amended by adding thereto a new section to be designated as section 39.1,

209-39   immediately following section 39, to read as follows:

209-40     Sec. 39.1.  Section 4.5 of chapter 462, Statutes of Nevada 1999, at

209-41   page 2178, is hereby repealed.

209-42     Sec. 115.  Section 34 of chapter 572, Statutes of Nevada 1999, at page

209-43   3018, is hereby amended to read as follows:

209-44     Sec. 34.  NRS 78.150 is hereby amended to read as follows:

209-45 

   78.150  1.  A corporation organized under the laws of this state

209-46   shall, on or before the first day of the second month after the filing of

209-47   its articles of incorporation with the secretary of state, file with the

209-48   secretary of state a list, on a form furnished by him, containing:

209-49     (a) The name of the corporation;

209-50     (b) The file number of the corporation, if known;

210-1  (c) The names and titles of the president, secretary, treasurer and of

210-2  all the directors of the corporation;

210-3  (d) The mailing or street address, either residence or business, of

210-4   each officer and director listed, following the name of the officer or

210-5   director; and

210-6  (e) The signature of an officer of the corporation certifying that the

210-7   list is true, complete and accurate.

210-8  2.  The corporation shall annually thereafter, on or before the last

210-9   day of the month in which the anniversary date of incorporation

210-10   occurs in each year, file with the secretary of state, on a form

210-11   furnished by him, an amended list containing all of the information

210-12   required in subsection 1.

210-13     3.  Upon filing a list of officers and directors, the corporation shall

210-14   pay to the secretary of state a fee of $85.

210-15     4.  The secretary of state shall, 60 days before the last day for

210-16   filing the annual list required by subsection 2, cause to be mailed to

210-17   each corporation which is required to comply with the provisions of

210-18   NRS 78.150 to 78.185, inclusive, and which has not become

210-19   delinquent, a notice of the fee due pursuant to subsection 3 and a

210-20   reminder to file a list of officers and directors. Failure of any

210-21   corporation to receive a notice or form does not excuse it from the

210-22   penalty imposed by law.

210-23     5.  If the list to be filed pursuant to the provisions of subsection 1

210-24   or 2 is defective in any respect or the fee required by subsection 3 or

210-25   7 is not paid, the secretary of state may return the list for correction

210-26   or payment.

210-27     6.  An annual list for a corporation not in default which is received

210-28   by the secretary of state more than 60 days before its due date shall

210-29   be deemed an amended list for the previous year and does not satisfy

210-30   the requirements of subsection 2 for the year to which the due date is

210-31   applicable.

210-32     7.  If the corporation is an association as defined in NRS

210-33   116.110315, the secretary of state shall not accept the filing required

210-34   by this section unless it is accompanied by evidence of the payment

210-35   of the fee required to be paid pursuant to NRS 116.31155[.] that is

210-36   provided to the association pursuant to subsection 4 of that section.

210-37     Sec. 116.  Sections 29, 42.5 and 49 of chapter 573, Statutes of Nevada

210-38   1999, at pages 3034, 3043 and 3048, respectively, are hereby amended to

210-39   read respectively as follows:

210-40     Sec. 29.  NRS 287.045 is hereby amended to read as follows:

210-41 

   287.045  1.  Except as otherwise provided in this section, every

210-42   officer or employee of the state is eligible to participate in the

210-43   program on the first day of the month following the completion of 90

210-44   days of full-time employment.

210-45     2.  Professional employees of the University and Community

210-46   College System of Nevada who have annual employment contracts

210-47   are eligible to participate in the program on:

210-48     (a) The effective dates of their respective employment contracts, if

210-49   those dates are on the first day of a month; or

211-1  (b) The first day of the month following the effective dates of their

211-2  respective employment contracts, if those dates are not on the first day

211-3   of a month.

211-4  3.  Every officer or employee who is employed by a participating

211-5   public agency on a permanent and full-time basis on the date the

211-6   agency enters into an agreement to participate in the [state’s group

211-7   insurance] program, and every officer or employee who commences

211-8   his employment after that date is eligible to participate in the program

211-9   on the first day of the month following the completion of 90 days of

211-10   full-time employment.

211-11     4.  Every senator and assemblyman is eligible to participate in the

211-12   program on the first day of the month following the 90th day after his

211-13   initial term of office begins.

211-14     5.  An officer or employee of the governing body of any county,

211-15   school district, municipal corporation, political subdivision, public

211-16   corporation or other public agency of the State of Nevada who retires

211-17   under the conditions set forth in NRS 286.510 or 286.620 and was

211-18   not participating in the [state’s group insurance] program at the time

211-19   of his retirement is eligible to participate in the program 30 days after

211-20   notice of the selection to participate is given pursuant to NRS

211-21   287.023 or 287.0235. The [committee on benefits]

 board shall make

211-22   a separate accounting for these retired persons. For the first year

211-23   following enrollment, the rates charged must be the full actuarial

211-24   costs determined by the actuary based upon the expected claims

211-25   experience with these retired persons. The claims experience of these

211-26   retired persons must not be commingled with the retired persons who

211-27   were members of the [state’s] program before their retirement, nor

211-28   with active employees of the state. After the first year following

211-29   enrollment, the rates charged must be the full actuarial costs

211-30   determined by the actuary based upon the past claims experience of

211-31   these retired persons since enrolling.

211-32     6.  Notwithstanding the provisions of subsections 1, 3 and 4, if the

211-33   [committee on benefits] board

 does not, pursuant to NRS 689B.580,

211-34   elect to exclude the program from compliance with NRS 689B.340 to

211-35   689B.600, inclusive, and if the coverage under the program is

211-36   provided by a health maintenance organization authorized to transact

211-37   insurance in this state pursuant to chapter 695C of NRS, any

211-38   affiliation period imposed by the program may not exceed the

211-39   statutory limit for an affiliation period set forth in NRS 689B.500.

211-40     Sec. 42.5.  Section 18 of this act is hereby amended to read as

211-41   follows:

211-42        Sec. 18.  NRS 287.041 is hereby amended to read as follows:

211-43 

      287.041  1.  There is hereby created the board of the public

211-44   employees’ benefits program. The board consists of [nine] seven

211-45   members appointed as follows:

211-46        (a) One member who is a professional employee of the

211-47   University and Community College System of Nevada, appointed

211-48   by the governor upon consideration of any recommendations of

211-49   organizations that represent employees of the University and

211-50   Community College System of Nevada.

212-1  (b) One member who is retired from public employment,

212-2  appointed by the governor upon consideration of any

212-3   recommendations of organizations that represent retired public

212-4   employees.

212-5  (c) Two members who are employees of the state, appointed by

212-6   the governor upon consideration of any recommendations of

212-7   organizations that represent state employees.

212-8  (d) One member appointed by the governor upon consideration

212-9   of any recommendations of organizations that represent employees

212-10   of local governments that participate in the program.

212-11        (e) One member who is employed by this state in a managerial

212-12   capacity and has substantial and demonstrated experience in risk

212-13   management, portfolio investment strategies or employee benefits

212-14   programs appointed by the governor. The governor may appoint

212-15   the executive officer of the public employees’ retirement system to

212-16   fill this position.

212-17        (f) [Two members who have substantial and demonstrated

212-18   experience in risk management, portfolio investment strategies or

212-19   employee benefits programs appointed by the governor.

212-20        (g)] The director of the department of administration or his

212-21   designee.

212-22        2.  Of the six persons appointed to the board pursuant to

212-23   paragraphs (a) to (e), inclusive, of subsection 1, at least one

212-24   member must have an advanced degree in business administration,

212-25   economics, accounting, insurance, risk management or health care

212-26   administration, and at least two members must have education or

212-27   proven experience in the management of employees’ benefits,

212-28   insurance, risk management, health care administration or business

212-29   administration.

212-30        3.  Each person appointed as a member of the board must:

212-31        (a) [Except for a member appointed pursuant to paragraph (f) of

212-32   subsection 1, have] Have been a participant in the program for at

212-33   least 1 year before his appointment;

212-34        (b) [Except for a member appointed pursuant to paragraph (f) of

212-35   subsection 1, be] Be a current employee of the State of Nevada or

212-36   another public employer that participates in the program or a

212-37   retired public employee who is a participant in the program; and

212-38        (c) Not be an elected officer of the State of Nevada or any of its

212-39   political subdivisions.

212-40        4.  Except as otherwise provided in this subsection, after the

212-41   initial terms, the term of an appointed member of the board is 4

212-42   years and until his successor is appointed and takes office unless

212-43   the member no longer possesses the qualifications for appointment

212-44   set forth in this section or is removed by the governor. If a member

212-45   loses the requisite qualifications within the last 12 months of his

212-46   term, the member may serve the remainder of his term. Members

212-47   are eligible for reappointment. A vacancy occurring in the

212-48   membership of the board must be filled in the same manner as the

212-49   original appointment.

213-1  5.  The appointed members of the board serve at the pleasure of

213-2  the governor. If the governor wishes to remove a member from the

213-3   board for any reason other than malfeasance or misdemeanor, the

213-4   governor shall provide the member with written notice which

213-5   states the reason for and the effective date of the removal.

213-6  Sec. 49.  1.  This section and sections 41, 47 and 48 of this act

213-7   become effective upon passage and approval.

213-8  2.  Sections 1 to 12, inclusive, 13 to 28, inclusive, 30 to 40,

213-9   inclusive, 42, 42.7, 47.2, 48.5 and 50 of this act become effective on

213-10   July 1, 1999.

213-11     3.  Section 29 of this act becomes effective at 12:01 a.m. on
July 1, 1999.

213-12     4.  Section 12.5 and 47.3 of this act become effective on July 1,

213-13   1999, for the purpose of adopting regulations, and on January 1,

213-14   2001, for all other purposes.

213-15     5.  [Section 18 of this act expires by limitation on July 1, 2003.

213-16     6.]  Section 42.5 of this act becomes effective on July 1, 2003.

213-17     Sec. 117.  Sections 34, 38, 51, 52 and 64 of chapter 574, Statutes of

213-18   Nevada 1999, at pages 3056, 3058, 3063 and 3069, are hereby amended to

213-19   read respectively as follows:

213-20     Sec. 34.  1.  The board shall charge and collect not more than

213-21   the following fees:

 

213-22  For the initial application for a license or certificate............................................ $150

213-23  For the issuance of a provisional license or certificate.............................................. 125

213-24  For the issuance of an initial license or certificate60

213-25  For the renewal of a license or certificate as an alcohol

213-26   and drug abuse counselor.................. 300

213-27  For the renewal of a certificate as an alcohol and drug

213-28   abuse counselor intern......................... 75

213-29  For the renewal of a delinquent license or certificate................................................ 75

213-30  For the restoration of an expired license or certificate.............................................. 150

213-31  For the restoration or reinstatement of a suspended or

213-32   revoked license or certificate.............. 300

213-33  For the issuance of a license or certificate without

213-34   examination....................................... 150

213-35  For an examination............................ 150

 

213-36     2.  The fees charged and collected pursuant to this section are

213-37   not refundable.

213-38     Sec. 38.  The board shall adopt such regulations as are

213-39   necessary to carry out the provisions of this chapter, including,

213-40   without limitation, regulations that prescribe:

213-41     1.  The ethical standards for licensed and certified counselors

213-42   and certified interns; and

213-43     2.  The requirements for continuing education for the renewal,

213-44   restoration or reinstatement of a license or certificate.

213-45     Sec. 51.  NRS 209.448 is hereby amended to read as follows:

213-46     209.448  1.  An offender who has no serious infraction of the

213-47   regulations of the department or the laws of the state recorded against

214-1  him must be allowed, in addition to the credits provided pursuant to

214-2  NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more

214-3   than 30 days from the maximum term of his sentence for the

214-4   successful completion of a program of treatment for the abuse of

214-5   alcohol or drugs which is conducted jointly by the department and a

214-6   person [certified as a counselor by the bureau of alcohol and drug

214-7   abuse in the department of human resources.]

 who is licensed or

214-8   certified as an alcohol and drug abuse counselor or certified as an

214-9   alcohol and drug abuse counselor intern pursuant to sections 2 to

214-10   44, inclusive, of this act.

214-11     2.  The provisions of this section apply to any offender who is

214-12   sentenced on or after October 1, 1991.

214-13     Sec. 52.  NRS 211.340 is hereby amended to read as follows:

214-14     211.340  1.  In addition to the credits on a term of imprisonment

214-15   provided for in NRS 211.310, 211.320 and 211.330, the sheriff of the

214-16   county or the chief of police of the municipality in which a prisoner

214-17   is incarcerated may deduct not more than 5 days from his term of

214-18   imprisonment if the prisoner:

214-19     (a) Successfully completes a program of treatment for the abuse of

214-20   alcohol or drugs which is conducted jointly by the local detention

214-21   facility in which he is incarcerated and a person [certified as a

214-22   counselor by the bureau of alcohol and drug abuse in the department

214-23   of human resources;]

 who is licensed or certified as an alcohol and

214-24   drug abuse counselor or certified as an alcohol and drug abuse

214-25   counselor intern pursuant to sections 2 to 44, inclusive, of this act;

214-26   and

214-27     (b) Is awarded a certificate evidencing his successful completion of

214-28   the program.

214-29     2.  The provisions of this section apply to any prisoner who is

214-30   sentenced on or after October 1, 1991, to a term of imprisonment of

214-31   90 days or more.

214-32     Sec. 64.  NRS 458.100 is hereby amended to read as follows:

214-33     458.100  1.  All gifts or grants of money which the bureau is

214-34   authorized to accept must be deposited in the state treasury for credit

214-35   to the state grant and gift account for alcohol and drug abuse which is

214-36   hereby created in the department of human resources’ gift fund.

214-37     2.  Money in the account must be used to carry out the provisions

214-38   of NRS 458.010 to [458.360,] 458.350, inclusive, and sections 5 and

214-39   6 of [this act]

 Assembly Bill No. 181 of this session and other

214-40   programs or laws administered by the bureau.

214-41     3.  All claims must be approved by the chief before they are paid.

214-42     Sec. 118.  Section 6 of chapter 576, Statutes of Nevada 1999, at page

214-43   3107, is hereby amended to read as follows:

214-44     Sec. 6.  Section 35 of Assembly Bill No. 293 of this session is

214-45   hereby amended to read as follows:

214-46        Sec. 35.  [1.]  This section and sections [1, 2, 4, 6 to 22,

214-47   inclusive, 24 to 29, inclusive, 32, 33 and 34 of this act become

214-48   effective on July 1, 1999.

214-49        2.  Sections] 3, 5, 23, 30 and 31 of this act become effective on

214-50   October 1, 1999.

215-1  Sec. 119.  1.  Sections 2 and 4 of chapter 578, Statutes of Nevada

215-2  1999, at pages 3110 and 3112, respectively, are hereby amended to read

215-3   respectively as follows:

215-4  Sec. 2.  NRS 484.3792 is hereby amended to read as follows:

215-5  484.3792  1.  A person who violates the provisions of NRS

215-6   484.379:

215-7  (a) For the first offense within 7 years, is guilty of a misdemeanor.

215-8   Unless he is allowed to undergo treatment as provided in NRS

215-9   484.37937, the court shall:

215-10          (1) Except as otherwise provided in subsection 6, order him to

215-11   pay tuition for an educational course on the abuse of alcohol and

215-12   controlled substances approved by the department and complete the

215-13   course within the time specified in the order, and the court shall

215-14   notify the department if he fails to complete the course within the

215-15   specified time;

215-16          (2) Unless the sentence is reduced pursuant to NRS 484.37937,

215-17   sentence him to imprisonment for not less than 2 days nor more than

215-18   6 months in jail, or to perform not less than 48 hours, but not more

215-19   than

 96 hours ,of work for the community while dressed in

215-20   distinctive garb that identifies him as having violated the provisions

215-21   of NRS 484.379; and

215-22          (3) Fine him not less than $400 nor more than $1,000.

215-23     (b) For a second offense within 7 years, is guilty of a

215-24   misdemeanor. Unless the sentence is reduced pursuant to NRS

215-25   484.3794, the court:

215-26          (1) Shall sentence him to:

215-27                    (I) Imprisonment for not less than 10 days nor more than 6

215-28   months in jail; or

215-29                    (II) Residential confinement for not less than 10 days nor

215-30   more than 6 months, in the manner provided in NRS 4.376 to 4.3768,

215-31   inclusive, or 5.0755 to 5.078, inclusive;

215-32          (2) Shall fine him not less than $750 nor more than $1,000;

215-33          (3) Shall order him to perform not less than 100 hours, but not

215-34   more than 200 hours, of work for the community while dressed in

215-35   distinctive garb that identifies him as having violated the provisions

215-36   of NRS 484.379, unless the court finds that extenuating

215-37   circumstances exist; and

215-38          (4) May order him to attend a program of treatment for the abuse

215-39   of alcohol or drugs pursuant to the provisions of NRS
484.37945.

215-40  A person who willfully fails or refuses to complete successfully a

215-41   term of residential confinement or a program of treatment ordered

215-42   pursuant to this paragraph is guilty of a misdemeanor.

215-43     (c) For a third or subsequent offense within 7 years, is guilty of a

215-44   category B felony and shall be punished by imprisonment in the state

215-45   prison for a minimum term of not less than 1 year and a maximum

215-46   term of not more than 6 years, and shall be further punished by a fine

215-47   of not less than $2,000 nor more than $5,000. An offender so

215-48   imprisoned must, insofar as practicable, be segregated from offenders

216-1  whose crimes were violent and, insofar as practicable, be assigned to

216-2  an institution or facility of minimum security.

216-3  2.  An offense that occurred within 7 years immediately preceding

216-4   the date of the principal offense or after the principal offense

216-5   constitutes a prior offense for the purposes of this section when

216-6   evidenced by a conviction, without regard to the sequence of the

216-7   offenses and convictions. The facts concerning a prior offense must

216-8   be alleged in the complaint, indictment or information, must not be

216-9   read to the jury or proved at trial but must be proved at the time of

216-10   sentencing and, if the principal offense is alleged to be a felony, must

216-11   also be shown at the preliminary examination or presented to the

216-12   grand jury.

216-13     3.  A person convicted of violating the provisions of NRS 484.379

216-14   must not be released on probation, and a sentence imposed for

216-15   violating those provisions must not be suspended except, as provided

216-16   in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the

216-17   sentence imposed that exceeds the mandatory minimum. A

216-18   prosecuting attorney shall not dismiss a charge of violating the

216-19   provisions of NRS 484.379 in exchange for a plea of guilty, guilty

216-20   but mentally ill or nolo contendere to a lesser charge or for any other

216-21   reason unless he knows or it is obvious that the charge is not

216-22   supported by probable cause or cannot be proved at the time of trial.

216-23     4.  A term of confinement imposed pursuant to the provisions of

216-24   this section may be served intermittently at the discretion of the judge

216-25   or justice of the peace, except that a person who is convicted of a

216-26   second or subsequent offense within 7 years must be confined for at

216-27   least one segment of not less than 48 consecutive hours. This

216-28   discretion must be exercised after considering all the circumstances

216-29   surrounding the offense, and the family and employment of the

216-30   offender, but any sentence of 30 days or less must be served within 6

216-31   months after the date of conviction or, if the offender was sentenced

216-32   pursuant to NRS 484.37937 or 484.3794 and the suspension of his

216-33   sentence was revoked, within 6 months after the date of revocation.

216-34   Any time for which the offender is confined must consist of not less

216-35   than 24 consecutive hours.

216-36     5.  Jail sentences simultaneously imposed pursuant to this section

216-37   and NRS 483.560 or 485.330 must run consecutively.

216-38     6.  If the person who violated the provisions of NRS 484.379

216-39   possesses a driver’s license issued by a state other than the State of

216-40   Nevada and does not reside in the State of Nevada, in carrying out the

216-41   provisions of subparagraph (1) of paragraph (a) or (b) of subsection

216-42   1, the court shall:

216-43     (a) Order the person to pay tuition for and submit evidence of

216-44   completion of an educational course on the abuse of alcohol and

216-45   controlled substances approved by a governmental agency of the state

216-46   of his residence within the time specified in the order; or

216-47     (b) Order him to complete an educational course by

216-48   correspondence on the abuse of alcohol and controlled substances

216-49   approved by the department within the time specified in the
order,

217-1  and the court shall notify the department if the person fails to

217-2  complete the assigned course within the specified time.

217-3  7.  If the defendant was transporting a person who is less than 15

217-4   years of age in the motor vehicle at the time of the violation, the court

217-5   shall consider that fact as an aggravating factor in determining the

217-6   sentence of the defendant.

217-7  8.  As used in this section, unless the context otherwise requires,

217-8   “offense” means:

217-9  (a) A violation of NRS 484.379 or 484.3795;

217-10     (b) A homicide resulting from driving or being in actual physical

217-11   control of a vehicle while under the influence of intoxicating liquor

217-12   or a controlled substance or resulting from any other conduct

217-13   prohibited by NRS 484.379 or 484.3795; or

217-14     (c) A violation of a law of any other jurisdiction that prohibits the

217-15   same or similar conduct as set forth in paragraph (a) or (b).

217-16     Sec. 4.  1.  This section and sections 1, 2.1 and 3 of this act

217-17   become effective on October 1, 1999.

217-18 

   2.  Section 2 of this act becomes effective at 12:01 a.m. on

217-19   October 1, 1999.

217-20     2.  Chapter 578, Statutes of Nevada 1999, at page 3112, is hereby

217-21   amended by adding thereto a new section to be designated as section 2.1,

217-22   immediately following section 2, to read as follows:

217-23     Sec. 2.1.  Section 8 of chapter 459, Statutes of Nevada 1999, at

217-24   page 2138, is hereby amended to read as follows:

217-25        Sec. 8.  NRS 484.3792 is hereby amended to read as follows:

217-26        484.3792  1.  A person who violates the provisions of NRS

217-27   484.379:

217-28        (a) For the first offense within 7 years, is guilty of a

217-29   misdemeanor. Unless he is allowed to undergo treatment as

217-30   provided in NRS 484.37937, the court shall:

217-31                 (1) Except as otherwise provided in subsection 6, order him to

217-32   pay tuition for an educational course on the abuse of alcohol and

217-33   controlled substances approved by the department and complete

217-34   the course within the time specified in the order, and the court shall

217-35   notify the department if he fails to complete the course within the

217-36   specified time;

217-37                 (2) Unless the sentence is reduced pursuant to NRS

217-38   484.37937, sentence him to imprisonment for not less than 2 days

217-39   nor more than 6 months in jail, or to perform not less than 48

217-40   hours, but not more than 96 hours, of work for the community

217-41   while dressed in distinctive garb that identifies him as having

217-42   violated the provisions of NRS 484.379; and

217-43                 (3) Fine him not less than $400 nor more than $1,000.

217-44        (b) For a second offense within 7 years, is guilty of a

217-45   misdemeanor. Unless the sentence is reduced pursuant to NRS

217-46   484.3794, the court:

217-47                 (1) Shall sentence him to:

217-48                           (I) Imprisonment for not less than 10 days nor more than

217-49   6 months in jail; or

218-1                  (II) Residential confinement for not less than 10 days

218-2  nor more than 6 months, in the manner provided in NRS 4.376 to

218-3   4.3768, inclusive, or 5.0755 to 5.078, inclusive;

218-4         (2) Shall fine him not less than $750 nor more than $1,000;

218-5         (3) Shall order him to perform not less than 100 hours, but not

218-6   more than 200 hours, of work for the community while dressed in

218-7   distinctive garb that identifies him as having violated the

218-8   provisions of NRS 484.379, unless the court finds that extenuating

218-9   circumstances exist; and

218-10                 (4) May order him to attend a program of treatment for the

218-11   abuse of alcohol or drugs pursuant to the provisions of NRS

218-12   484.37945.

218-13  A person who willfully fails or refuses to complete successfully a

218-14   term of residential confinement or a program of treatment ordered

218-15   pursuant to this paragraph is guilty of a misdemeanor.

218-16        (c) For a third or subsequent offense within 7 years, is guilty of a

218-17   category B felony and shall be punished by imprisonment in the

218-18   state prison for a minimum term of not less than 1 year and a

218-19   maximum term of not more than 6 years, and shall be further

218-20   punished by a fine of not less than $2,000 nor more than $5,000.

218-21   An offender so imprisoned must, insofar as practicable, be

218-22   segregated from offenders whose crimes were violent and, insofar

218-23   as practicable, be assigned to an institution or facility of minimum

218-24   security.

218-25        2.  An offense that occurred within 7 years immediately

218-26   preceding the date of the principal offense or after the principal

218-27   offense constitutes a prior offense for the purposes of this section

218-28   when evidenced by a conviction, without regard to the sequence of

218-29   the offenses and convictions. The facts concerning a prior offense

218-30   must be alleged in the complaint, indictment or information, must

218-31   not be read to the jury or proved at trial but must be proved at the

218-32   time of sentencing and, if the principal offense is alleged to be a

218-33   felony, must also be shown at the preliminary examination or

218-34   presented to the grand jury.

218-35        3.  A person convicted of violating the provisions of NRS

218-36   484.379 must not be released on probation, and a sentence imposed

218-37   for violating those provisions must not be suspended except, as

218-38   provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that

218-39   portion of the sentence imposed that exceeds the mandatory

218-40   minimum. A prosecuting attorney shall not dismiss a charge of

218-41   violating the provisions of NRS 484.379 in exchange for a plea of

218-42   guilty, guilty but mentally ill or nolo contendere to a lesser charge

218-43   or for any other reason unless he knows or it is obvious that the

218-44   charge is not supported by probable cause or cannot be proved at

218-45   the time of trial.

218-46        4.  A term of confinement imposed pursuant to the provisions of

218-47   this section may be served intermittently at the discretion of the

218-48   judge or justice of the peace, except that a person who is convicted

218-49   of a second or subsequent offense within 7 years must be confined

218-50   for at least one segment of not less than 48 consecutive hours. This

219-1  discretion must be exercised after considering all the circumstances

219-2  surrounding the offense, and the family and employment of the

219-3   offender, but any sentence of 30 days or less must be served within

219-4   6 months after the date of conviction or, if the offender was

219-5   sentenced pursuant to NRS 484.37937 or 484.3794 and the

219-6   suspension of his sentence was revoked, within 6 months after the

219-7   date of revocation. Any time for which the offender is confined

219-8   must consist of not less than 24 consecutive hours.

219-9  5.  Jail sentences simultaneously imposed pursuant to this

219-10   section and NRS 483.560 or 485.330 or section 3 of this act

 must

219-11   run consecutively.

219-12        6.  If the person who violated the provisions of NRS 484.379

219-13   possesses a driver’s license issued by a state other than the State of

219-14   Nevada and does not reside in the State of Nevada, in carrying out

219-15   the provisions of subparagraph (1) of paragraph (a) or (b) of

219-16   subsection 1, the court shall:

219-17        (a) Order the person to pay tuition for and submit evidence of

219-18   completion of an educational course on the abuse of alcohol and

219-19   controlled substances approved by a governmental agency of the

219-20   state of his residence within the time specified in the order; or

219-21        (b) Order him to complete an educational course by

219-22   correspondence on the abuse of alcohol and controlled substances

219-23   approved by the department within the time specified in the
order,

219-24  and the court shall notify the department if the person fails to

219-25   complete the assigned course within the specified time.

219-26        7.  If the defendant was transporting a person who is less than

219-27   15 years of age in the motor vehicle at the time of the violation, the

219-28   court shall consider that fact as an aggravating factor in

219-29   determining the sentence of the defendant.

219-30        8.  As used in this section, unless the context otherwise

219-31   requires, “offense” means:

219-32        (a) A violation of NRS 484.379 or 484.3795;

219-33        (b) A homicide resulting from driving or being in actual physical

219-34   control of a vehicle while under the influence of intoxicating liquor

219-35   or a controlled substance or resulting from any other conduct

219-36   prohibited by NRS 484.379 or 484.3795; or

219-37        (c) A violation of a law of any other jurisdiction that prohibits

219-38   the same or similar conduct as set forth in paragraph (a) or (b).

219-39     Sec. 120.  Sections 1 and 27 of chapter 581, Statutes of Nevada 1999,

219-40   at pages 3120 and 3139, respectively, are hereby amended to read

219-41   respectively as follows:

219-42     Section 1.  NRS 414.040 is hereby amended to read as follows:

219-43     414.040  1.  A division of emergency management is hereby

219-44   created within the department of motor vehicles and public safety.

219-45   The chief of the division is appointed by and holds office at the

219-46   pleasure of the director of the department of motor vehicles and

219-47   public safety. The division is the state agency for emergency

219-48   management and the state agency for civil defense for the purposes of

219-49   the compact ratified by the legislature pursuant to NRS 415.010. The

219-50   chief is the

220-1  state’s director of emergency management and the state’s director of

220-2  civil defense for the purposes of that compact.

220-3  2.  The chief may employ technical, clerical, stenographic and

220-4   other personnel as may be required, and may make such expenditures

220-5   therefor and for other expenses of his office within the appropriation

220-6   therefor, or from other money made available to him for purposes of

220-7   emergency management, as may be necessary to carry out the

220-8   purposes of this chapter.

220-9  3.  The chief, subject to the direction and control of the director,

220-10   shall carry out the program for emergency management in this state.

220-11   He shall coordinate the activities of all organizations for emergency

220-12   management within the state, maintain liaison with and cooperate

220-13   with agencies and organizations of other states and of the Federal

220-14   Government for emergency management and carry out such

220-15   additional duties as may be prescribed by the director.

220-16     4.  The chief shall assist in the development of comprehensive,

220-17   coordinated plans for emergency management by adopting an

220-18   integrated process, using the partnership of governmental entities,

220-19   business and industry, volunteer organizations and other interested

220-20   persons, for the mitigation of, preparation for, response to and

220-21   recovery from emergencies or disasters. In adopting this process, he

220-22   shall conduct activities designed to:

220-23     (a) Eliminate or reduce the probability that an emergency will

220-24   occur or to reduce the effects of unavoidable disasters;

220-25     (b) Prepare state and local governmental agencies, private

220-26   organizations and other persons to be capable of responding

220-27   appropriately if an emergency or disaster occurs by fostering the

220-28   adoption of plans for emergency operations, conducting exercises to

220-29   test those plans, training necessary personnel and acquiring necessary

220-30   resources;

220-31     (c) Test periodically plans for emergency operations to ensure that

220-32   the activities of state and local governmental agencies, private

220-33   organizations and other persons are coordinated;

220-34     (d) Provide assistance to victims, prevent further injury or damage

220-35   to persons or property and increase the effectiveness of recovery

220-36   operations; and

220-37     (e) Restore the operation of vital community life-support systems

220-38   and return persons and property affected by an emergency or disaster

220-39   to a condition that is comparable to or better than what existed before

220-40   the emergency or disaster occurred.

220-41 

   5.  The division shall perform the duties required pursuant to

220-42   section 13 of this act at the request of a state agency or local

220-43   government.

220-44     Sec. 27.  1.  This section and section 26 of this act become

220-45   effective upon passage and approval.

220-46     2.  Sections [1,] 10 to 21, inclusive, and 25 of this act become

220-47   effective on October 1, 1999.

220-48     3.  Sections [2]1 to 9, inclusive, 22 and 23 of this act become

220-49   effective at 12:01 a.m. on October 1, 1999.

221-1  Sec. 121.  Section 1 of chapter 585, Statutes of Nevada 1999, at page

221-2  3164, is hereby amended to read as follows:

221-3  Section 1.  NRS 218.230 is hereby amended to read as follows:

221-4  218.230  1.  Except as otherwise provided in this section, there

221-5   must be paid to the employees of the senate and assembly, for all

221-6   services rendered by them under the provisions of this chapter, the

221-7   following sums of money for each day’s employment and no more:

221-8  Senate

 

221-9  [Assistant director of bill services.......... $74]

221-10  Assistant secretary..................... [109]

 $111

221-11  [Assistant sergeant at arms....................... 82

221-12  Bill clerk................................................. 60

221-13  Committee manager............................... 101

221-14  Committee secretary................................ 88

221-15  Deputy sergeant at arms........................... 88

221-16  Director of bill services............................ 80

221-17  Director of clerical services.................... 103

221-18  Executive assistant................................. 101

221-19  Finance secretary................................... 99]

221-20  Front desk assistant..................... [101]

 103

221-21  History clerk................................ [101]

 103

221-22  Journal clerk................................ [101]

 103

221-23  Media clerk.................................. [101]

 103

221-24  Recording clerk........................... [101]

 103

221-25  Sergeant at arms................................. 105

221-26  Deputy sergeant at arms........................ 90

221-27  Assistant sergeant at arms..................... 84

221-28  Clerical services administrator........... 105

221-29  Executive assistant.............................. 103

221-30  Executive secretary................................ 98

221-31  Leadership receptionist......................... 90

221-32  Senior secretary..................................... 90

221-33  Secretary......................................... [80] 82

221-34  Senior committee manager................. 103

221-35  Committee manager............................. 98

221-36  Committee minutes coordinator............ 98

221-37  Finance committee secretary............... 101

221-38  Senior committee secretary............... [96] 98

221-39  [Senior page............................................ 75

221-40  Sergeant at arms.................................... 103

221-41  Typist.................................................... 68]

221-42  Committee secretary.............................. 90

221-43  Word processing clerk........................... 69

221-44  Copy room coordinator.......................... 82

221-45  Senior proofreader................................ 98

221-46  Proofreader........................................... 90

221-47  Bill services administrator.................... 82

221-48  Assistant bill services administrator..... 75

221-49  Bill services clerk.................................. 61

222-1  Assembly

 

222-2  Assistant chief clerk.................. [$109]

 $111

222-3  Document clerk.................................... 103

222-4  History clerk......................................... 103

222-5  Journal clerk....................................... 103

222-6  Media clerk.......................................... 103

222-7  Recording clerk.................................... 103

222-8  Sergeant at arms.................................. 105

222-9  Deputy sergeant at arms......................... 90

222-10  Assistant sergeant at arms................ [82]

 84

222-11  Senior page........................................... 77

222-12  Page...................................................... 61

222-13  Supervisor of bill services..................... 82

222-14  Assistant supervisor of bill [clerks]

 services[74] 75

222-15  Bill services

 clerk............................. [60] 61

222-16  [Committee]Supervisor of clerical services105

222-17  Executive assistant.............................. 103

222-18  Senior committee

 manager.......... [101]103

222-19  Committee manager............................. 98

222-20  Ways and means committee secretary. 101

222-21  Senior committee secretary.................... 98

222-22  Committee secretary........................ [88] 90

222-23  [Deputy sergeant at arms......................... 88

222-24  Document clerk..................................... 101

222-25  Executive assistant................................. 101

222-26  History clerk......................................... 101

222-27  Journal clerk.......................................... 101

222-28  Media clerk........................................... 101

222-29  Page....................................................... 60

222-30  Recording clerk..................................... 101

222-31  Secretary................................................ 80

222-32  Senior committee secretary...................... 96

222-33  Senior page........................................... $75

222-34  Sergeant at arms.................................... 103

222-35  Supervisor of bill clerks........................... 80

222-36  Supervisor of secretarial staff................. 103

222-37  Typist.................................................... 68

222-38  Ways and means secretary..................... 99]

222-39  Executive secretary................................ 98

222-40  Senior secretary..................................... 90

222-41  Secretary................................................ 82

222-42  Word processing clerk........................... 69

222-43  Copy room coordinator.......................... 82

222-44     2.  During periods of adjournment to a day certain, employees of

222-45   the legislature whose service is required shall perform duties as

222-46   assigned and are entitled to be paid the amount specified in

222-47   subsection 1 for each day of service.

222-48     3.  During periods before the commencement of a session and

222-49   after the adjournment of a session sine die, employees of the

223-1  legislature whose service is required shall perform duties as assigned

223-2  and are entitled to be paid at an hourly rate commensurate with the

223-3   daily rate specified in subsection 1.

223-4  Sec. 122.  1.  Section 6 of chapter 592, Statutes of Nevada 1999, at

223-5   page 3194, is hereby amended to read as follows:

223-6  Sec. 6.  NRS 118B.210 is hereby amended to read as follows:

223-7  118B.210 1.  The landlord shall not terminate a tenancy, refuse

223-8   to renew a tenancy, increase rent or decrease services he normally

223-9   supplies, or bring or threaten to bring an action for possession of a

223-10   mobile home lot as retaliation upon the tenant because:

223-11     (a) He has complained in good faith about a violation of a building,

223-12   safety or health code or regulation pertaining to a mobile home park

223-13   to the governmental agency responsible for enforcing the code or

223-14   regulation.

223-15     (b) He has complained to the landlord concerning the maintenance,

223-16   condition or operation of the park or a violation of any provision of

223-17   NRS 118B.040 to 118B.220, inclusive, and section 1 of [this act]

223-18   Assembly Bill No. 39 of this session or NRS 118B.240.

223-19     (c) He has organized or become a member of a tenants’ league or

223-20   similar organization.

223-21     (d) He has requested the reduction in rent required by:

223-22          (1) NRS 118.165 as a result of a reduction in property taxes.

223-23          (2) NRS 118B.153 when a service, utility or amenity is

223-24   decreased or eliminated by the landlord.

223-25     (e) A citation has been issued to the landlord as the result of a

223-26   complaint of the tenant.

223-27     (f) In a judicial proceeding or arbitration between the landlord and

223-28   the tenant, an issue has been determined adversely to the landlord.

223-29     2.  A landlord, manager or assistant manager of a mobile home

223-30   park shall not willfully harass a tenant.

223-31     3.  A tenant shall not willfully harass a landlord, manager,

223-32   assistant manager of a mobile home park or an employee or agent

223-33   of the landlord.

223-34     4.

  As used in this section, “harass” means to threaten or

223-35   intimidate, through words or conduct, with the intent to affect the

223-36   terms or conditions of a tenancy or [the tenant’s]

 a person’s exercise

223-37   of his rights pursuant to this chapter.

223-38     2.  Chapter 592, Statutes of Nevada 1999, at page 3195, is hereby

223-39   amended by adding thereto a new section to be designated as section

223-40   9, immediately following section 8, to read as follows:

223-41     Sec. 9.  Section 6 of this act becomes effective at 12:01 a.m. on

223-42   October 1, 1999.

223-43     Sec. 123.  Sections 6, 10 and 12 of chapter 594, Statutes of Nevada

223-44   1999, at pages 3203, 3205 and 3207, respectively, are hereby amended to

223-45   read respectively as follows:

223-46     Sec. 6.  Chapter 374 of NRS is hereby amended by adding thereto

223-47   a new section to read as follows:

223-48     1.  A taxpayer may collect an admission fee for the exhibition of

223-49   fine art otherwise exempt from taxation on its sale, storage, use or

223-50   other consumption pursuant to NRS 374.291 if the taxpayer offers

224-1  to residents of the State of Nevada a discount of 50 percent from any

224-2  admission fee charged to nonresidents. The discounted admission

224-3   fee for residents must be offered at any time the exhibition is open

224-4   to the public and admission fees are being charged.

224-5  2.  If a taxpayer collects a fee for the exhibition of fine art

224-6   otherwise exempt from taxation on its sale, storage, use or other

224-7   consumption pursuant to NRS 374.291 and the fee is collected

224-8   during the first full fiscal year after the purchase of the fine art, the

224-9   exemption pertaining to that fine art must be reduced by the net

224-10   revenue derived by the taxpayer for that first full fiscal year. The

224-11   exemption pertaining to fine art must not be reduced below zero,

224-12   regardless of the amount of the net revenue derived by the taxpayer

224-13   for that first full fiscal year.

224-14     3.  Any tax due pursuant to this section must be paid with the

224-15   first sales and use tax return otherwise required to be filed by the

224-16   taxpayer following the 15th day of the fourth month after the end of

224-17   the first full fiscal year following the purchase of the fine art or, if

224-18   no sales and use tax return is otherwise required to be filed by the

224-19   taxpayer, with a sales and use tax return filed specifically for this

224-20   purpose on or before the last day of the fourth month after the end

224-21   of the first full fiscal year following the purchase of the fine art.

224-22     4.  A taxpayer who is required to pay a tax resulting from the

224-23   operation of this section may receive a credit against the tax for any

224-24   donations made by the taxpayer to the state arts council, the

224-25   division of museums and history dedicated trust fund established

224-26   pursuant to NRS 381.0031, a museum that provides exhibits

224-27   specifically related to nature or a museum that provides exhibits

224-28   specifically related to children, if the taxpayer:

224-29     (a) Made the donation before the date that either return required

224-30   pursuant to subsection 3 is due; and

224-31     (b) Provides the department documentation of the donation at the

224-32   time that he files the return required pursuant to subsection 3.

224-33     5.  For the purposes of this section:

224-34     (a) “Direct costs of owning and exhibiting the fine art” does not

224-35   include any allocation of the general and administrative expense of

224-36   a business or organization that conducts activities in addition to the

224-37   operation of the facility in which the fine art is displayed, including,

224-38   without limitation, an allocation of the salary and benefits of a

224-39   senior executive who is responsible for the oversight of the facility

224-40   in which the fine art is displayed and who has substantial

224-41   responsibilities related to the other activities of the business or

224-42   organization.

224-43     (b) “Net revenue” means the amount of the fees collected for

224-44   exhibiting the fine art during the fiscal year less the following paid

224-45   or made during the fiscal year:

224-46          (1) The direct costs of owning and exhibiting the fine art; and

224-47          (2) The cost of educational programs associated with the

224-48   taxpayer’s public display of fine art, including the cost of meeting

224-49   the requirements of sub-subparagraph (IV) of subparagraph (1) of

224-50   paragraph (a) of subsection 4 of NRS 374.291.

225-1  Sec. 10.  NRS 374.291 is hereby amended to read as follows:

225-2 

374.291  1.  [There]Except as otherwise provided in section 6

225-3   of this act, there

 are exempted from the taxes imposed by this

225-4   chapter the gross receipts from the sales of, and the storage, use or

225-5   other consumption in a county of, works of fine art for public display.

225-6  2.  In determining whether a payment made pursuant to a lease

225-7   of a work of fine art is exempt under subsection 1, the value for the

225-8   purpose of paragraph (a) of subsection 4 is the value of the work

225-9   and not the value of possession for the term of the lease, and the

225-10   calendar or fiscal year described in paragraph (a) of subsection 4 is

225-11   the first full calendar or fiscal year, respectively, after the payment

225-12   is made.

225-13     3.  During the first full fiscal year following the purchase of fine

225-14   art for which a taxpayer receives the exemption provided in this

225-15   section, the taxpayer shall make available, upon written request and

225-16   without charge to any public school as defined in NRS 385.007,

225-17   private school as defined in NRS 394.103 and parent of a child who

225-18   receives instruction in a home pursuant to NRS 392.070, one copy

225-19   of a poster depicting the fine art that the facility has on public

225-20   display and that the facility makes available for purchase by the

225-21   public at the time of the request.

225-22     4.

  As used in this section [, “fine]:

225-23     (a) “Fine art for public display” :

225-24          (1) Except as otherwise provided in subparagraph (2),

 means a

225-25   work of art which:

225-26     [(a)]

 (I) Is an original painting in oil, mineral, water colors,

225-27   vitreous enamel, pastel or other medium, an original mosaic, drawing

225-28   or sketch, an original sculpture of clay, textiles, fiber, wood, metal,

225-29   plastic, glass or a similar material, an original work of mixed media

225-30   or a lithograph;

225-31     [(b)]

 (II) Is purchased in an arm’s length transaction for $25,000

225-32   or more, or has an appraised value of $25,000 or more;

225-33     [(c)] (III) Will be on public display in a public or private art

225-34   gallery, museum or other building or area in this state for at least 20

225-35   hours per week during at least 35 weeks of the first full calendar year

225-36   after the date on which it is purchased [;]

 , or if the facility displaying

225-37   the fine art disposes of it before the end of that year, during at least

225-38   two-thirds of the full weeks during which the facility had possession

225-39   of it, or if the gallery, museum, or other building or area in which

225-40   the fine art will be displayed will not be opened until after the

225-41   beginning of the first full calendar year after the date on which the

225-42   fine art is purchased, these display requirements must instead be

225-43   met for the first full fiscal year after the date of opening, and the

225-44   date of opening must not be later than 2 years after the purchase of

225-45   the fine art being displayed; and

225-46     [(d)] (IV) Will be

 on display in a facility that is available for

225-47   [educational purposes.]

 group tours by pupils or students for at least

225-48   5 hours on at least 60 days of the first full fiscal year after the

225-49   purchase of the fine art, during which the facility in which it is

226-1  displayed is open, by prior appointment and at reasonable times,

226-2  without charge; and

226-3     (2) Does not include:

226-4           (I) A work of fine art that is a fixture or an improvement to

226-5   real property;

226-6           (II) Materials purchased by an artist for consumption in the

226-7   production of a work of art that is to be a fixture or an improvement

226-8   to real property;

226-9           (III) A work of fine art that constitutes a copy of an original

226-10   work of fine art, unless the work is a lithograph that is a limited

226-11   edition and that is signed and numbered by the artist;

226-12                    (IV) Products of filmmaking or photography, including,

226-13   without limitation, motion pictures;

226-14                    (V) Literary works;

226-15                    (VI) Property used in the performing arts, including,

226-16   without limitation, scenery or props for a stage; or

226-17                    (VII) Property that was created for a functional use other

226-18   than, or in addition to, its aesthetic qualities, including, without

226-19   limitation, a classic or custom-built automobile or boat, a sign that

226-20   advertises a business, and custom or antique furniture, lamps,

226-21   chandeliers, jewelry, mirrors, doors or windows.

226-22     (b) “Public display” means the display of a work of fine art

226-23   where members of the public have access to the work of fine art for

226-24   viewing during publicly advertised hours. The term does not include

226-25   the display of a work of fine art in an area where the public does

226-26   not generally have access, including, without limitation, a private

226-27   office, hallway or meeting room of a business, a room of a business

226-28   used for private lodging and a private residence.

226-29     (c) “Pupil” means a person who:

226-30          (1) Is enrolled for the current academic year in a public school

226-31   as defined in NRS 385.007 or a private school as defined in NRS

226-32   394.103; or

226-33          (2) Receives instruction in a home and is excused from

226-34   compulsory attendance pursuant to NRS 392.070.

226-35     (d) “Student” means a person who is enrolled for the current

226-36   academic year in:

226-37          (1) A community college or university; or

226-38          (2) A licensed postsecondary educational institution as defined

226-39   in NRS 394.099 and a course concerning fine art.

226-40     Sec. 12.  1.  This section and sections 1 to 4, inclusive, and 6 to

226-41   11, inclusive, of this act become effective on July 1, 1999, and apply

226-42   to sales, leases, dispositions, keeping and retention of property, and to

226-43   property held, before, on or after that date except that the provisions

226-44   of subsection 1 of sections 2 and 6 of this act do not apply to require

226-45   the taxpayer to have offered discounted admission fees for residents

226-46   before July 1, 1999.

226-47     2.  Section 4 of this act expires by limitation on June 30, 2003.

226-48     3.  Section 5 of this act becomes effective at 12:01 a.m. on July 1,

226-49   2003.

227-1  Sec. 124.  Section 8 of chapter 596, Statutes of Nevada 1999, at page

227-2  3222, is hereby amended to read as follows:

227-3  Sec. 8.  Sections 23, 24, 25, 29 and 31 of chapter 516, Statutes of

227-4   Nevada 1997, at pages 2467, 2468, 2469 and 2470, are hereby

227-5   amended to read as follows:

227-6 

Sec. 23.  1.  There is hereby created the state planning

227-7   commission for the new construction, design, maintenance and

227-8   repair of school facilities. The membership of the commission

227-9   consists of [nine] 10 members selected as follows:

227-10        (a) [One member]

 Two members of the [senate standing

227-11   committee on finance,]

 legislature appointed by the majority

227-12   leader of the senate [;

227-13        (b) One member] , one of whom must represent a rural area of

227-14   this state;

227-15        (b) Two members

 of the [senate standing committee on human

227-16   resources and facilities,] legislature appointed by the [majority

227-17   leader of the senate;

227-18        (c) One member of the assembly standing committee on ways

227-19   and means, appointed by the] speaker of the assembly [;] , one of

227-20   whom must represent a rural area of this state;

227-21        (c) The superintendent of public instruction;

227-22        (d) One member [of the assembly standing committee on

227-23   education, appointed by the speaker of the assembly;

227-24        (e) The superintendent of public instruction; and

227-25        (f) Four members appointed by the governor, one of whom must

227-26   be a representative of the construction industry.] who is employed

227-27   by a city and has substantial experience in financial matters with

227-28   respect to cities, appointed by the Nevada League of Cities;

227-29        (e) One member who is employed by a county and has

227-30   substantial experience in financial matters with respect to

227-31   counties, appointed by the Nevada Association of Counties;

227-32        (f) One member who is employed by a school district and has

227-33   substantial experience in financial matters with respect to school

227-34   districts, appointed by the Nevada Association of School Boards;

227-35        (g) The director of the department of administration in his

227-36   capacity as chairman of the state public works board or his

227-37   designee; and

227-38        (h) The executive director of the department of taxation or his

227-39   designee.

227-40        2.  The members of the commission shall elect a chairman from

227-41   among their members.

227-42        3.  Except during a regular or special session of the legislature,

227-43   for each day or portion of a day during which a member of the

227-44   commission who is a legislator attends a meeting of the

227-45   commission or is otherwise engaged in the work of the

227-46   commission, he is entitled to receive the:

227-47        (a) Compensation provided for a majority of the members of the

227-48   legislature during the first 60 days of the preceding regular session;

227-49        (b) Per diem allowance provided for state officers and

227-50   employees generally; and

228-1  (c) Travel expenses pursuant to NRS 218.2207.

228-2  The compensation, per diem allowances and travel expenses of the

228-3   members of the commission who are legislators must be paid from

228-4   the legislative fund.

228-5  4.  For each day or portion of a day during which a member of

228-6   the commission who is not a legislator attends a meeting of the

228-7   commission or is otherwise engaged in the work of the

228-8   commission, he is entitled to receive the per diem allowance and

228-9   travel expenses provided for state officers and employees

228-10   generally, if the legislature has made an appropriation or otherwise

228-11   made available money for this purpose.

228-12        Sec. 24.  1.  The commission shall hold at least four meetings

228-13   annually and may hold additional meetings at the call of the

228-14   chairman.

228-15        2.  The commission [, in consultation with the state public

228-16   works board or its designee shall:

228-17        (a) Analyze the projections for the enrollment of pupils in each

228-18   school district for the succeeding 10 years;

228-19        (b) Enter into a contract with a qualified, independent consultant

228-20   to conduct an evaluation of existing school facilities in each school

228-21   district in this state and to provide additional assistance as

228-22   requested by the commission;

228-23        (c) Based upon the evaluation, determine the need, if any, for:

228-24                 (1) The maintenance and repair of existing school facilities in

228-25   each school district, including, without limitation, the costs of such

228-26   maintenance or repair; and

228-27                 (2) New school facilities in each school district, including,

228-28   without limitation, the cost of such new facilities;

228-29        (d) Determine whether the current system of financing the costs

228-30   of new construction, design, maintenance and repair of school

228-31   facilities is sufficient to:

228-32                 (1) Pay the interest and redemption of outstanding bonds of

228-33   each school district; and

228-34                 (2) Meet the needs for new school facilities and the

228-35   maintenance and repair of existing school facilities in each school

228-36   district;

228-37        (e) Analyze the efforts being made by each school district

228-38   relating to the financing of the costs of the construction, design,

228-39   maintenance and repair of school facilities;

228-40        (f) Consider the manner in which the boards of trustees of

228-41   school districts in this state may enter into agreements with the

228-42   University and Community College System of Nevada to share

228-43   resources and facilities;

228-44        (g) Determine the feasibility of adopting uniform plans for the

228-45   construction of new school facilities throughout this state; and

228-46        (h) Identify any improvements that are necessary to ensure that

228-47   existing school facilities comply with all applicable requirements

228-48   of the Americans with Disabilities Act of 1990 (42 U.S.C. §§

228-49   12101 to 12213, inclusive).

229-1  3.  On or before December 1, 1998, the commission shall, based

229-2  upon the evaluation of existing school facilities conducted by the

229-3   consultant pursuant to this section and the written

229-4   recommendations and other information submitted by each

229-5   oversight panel for school facilities and each board of trustees in a

229-6   county whose population is less than 100,000 pursuant to section

229-7   25 of this act, develop a plan by which each school district in this

229-8   state may adequately finance the costs of new construction, design,

229-9   maintenance and repair of school facilities in the school district.

229-10   The plan must provide for the efficient use of resources in the new

229-11   construction, design, maintenance and repair of school facilities.

229-12        4.  On or before December 31, 1998, the commission shall

229-13   submit to the director of the legislative counsel bureau for

229-14   transmission to the 70th session of the Nevada legislature:

229-15        (a) A written report of its findings pursuant to subsection 2;

229-16        (b) The plan developed by the commission pursuant to

229-17   subsection 3; and

229-18        (c) Any recommendations for legislation that are not contained

229-19   in the plan.

229-20        5.]

 shall:

229-21        (a) Develop a plan pursuant to which each school district in

229-22   this state may adequately finance the costs of designing and

229-23   constructing new school facilities and maintaining and repairing

229-24   existing school facilities in the school district. The plan must

229-25   provide for the efficient use of resources in the design,

229-26   construction, maintenance and repair of school facilities.

229-27        (b) Review the number of hours required to transport pupils by

229-28   bus to and from school and the costs associated with that

229-29   transportation, and compare those costs to the costs that would

229-30   be incurred to build new school facilities or change the

229-31   boundaries of the zones within which pupils are transported to

229-32   certain schools.

229-33        3.

  The board of trustees of each school district shall:

229-34        (a) Comply with all requests by the commission for information,

229-35   including, without limitation, the projections for the enrollment of

229-36   pupils in a school district for the succeeding 10 years; and

229-37        (b) Otherwise cooperate with the commission in carrying out its

229-38   duties pursuant to this section.

229-39 

      Sec. 25.  1.  [On or before July 1, 1998, each oversight panel

229-40   for school facilities established in a county whose population is

229-41   100,000 or more pursuant to section 6 of this act and each board of

229-42   trustees of a school district in a county whose population is less

229-43   than 100,000 shall:

229-44        (a) Submit to the commission written recommendations for

229-45   financing the costs of new construction, design, maintenance and

229-46   repair of school facilities;

229-47        (b) Provide any other information relating to the new

229-48   construction, design, maintenance and repair of school facilities

229-49   requested by the commission; and

230-1  (c) Otherwise work cooperatively with the commission in the

230-2  development and revision of a plan for financing the costs of new

230-3   construction, design, maintenance and repair of school facilities.

230-4  2.  In a county whose population is 100,000 or more, the

230-5   oversight panel for school facilities shall review and approve or

230-6   disapprove a request by the board of trustees of the school district

230-7   for the issuance of general obligation bonds pursuant to subsection

230-8   4 of NRS 350.020.]

 The department of education shall provide

230-9   administrative support to the commission.

230-10        2.  In carrying out its duties pursuant to subsection 1, the

230-11   department of education shall ensure that notice of the meetings

230-12   of the commission is provided to the director of the legislative

230-13   counsel bureau for publication with the agendas of scheduled

230-14   meetings of the legislative committees that are published by the

230-15   legislative counsel bureau.

230-16        Sec. 29.  1.  There is hereby appropriated from the state

230-17   general fund to the state planning commission for the new

230-18   construction, design, maintenance and repair of school facilities

230-19   created pursuant to section 23 of this act the sum of [$300,000]

230-20   $75,000 for use by the state planning commission for:

230-21        (a) The [evaluation of existing school facilities to be conducted

230-22   by a consultant pursuant to]

 carrying out of the duties set forth in

230-23   section 24 of this act; and

230-24        (b) Expenses relating to the operation of the state planning

230-25   commission.

230-26        2.  Any remaining balance of the appropriation made by

230-27   subsection 1 must not be committed for expenditure after June 30,

230-28   [1999,]

 2001, and reverts to the state general fund as soon as all

230-29   payments of money committed have been made.

230-30        Sec. 31.  1.  This section and sections 1 to 7, inclusive, 9, 10,

230-31   22 to 25, inclusive, and 27 to 30, inclusive, of this act, become

230-32   effective upon passage and approval. Sections 22 to 25, inclusive,

230-33   of this act, expire by limitation on June 30, [1999.] 2001.

230-34        2.  Sections 11, 11.5, 13, 14, 14.5, 16, 20 and 21 of this act

230-35   become effective on August 1, 1997.

230-36        3.  Sections 8, 12 and 15 of this act become effective on July 1,

230-37   1999.

230-38        4.  Sections 17 and 19 of this act become effective on
October 1, 1997. [The amendatory provisions of sections 17 and 19

230-39  of this act expire by limitation on June 30, 2008.]

230-40        5.  Section 18 of this act becomes effective at 12:01 a.m. on

230-41   October 1, 1997. [The amendatory provisions of section 18 of this

230-42   act expire by limitation on June 30, 2008.

230-43        6.  Section 26 of this act becomes effective on July 1, 2008.]

230-44     Sec. 125.  Chapter 597, Statutes of Nevada 1999, at page 3236, is

230-45   hereby amended by adding thereto a new section to be designated as

230-46   section 21.1, immediately following section 21, to read as follows:

230-47     Sec. 21.1.  NRS 433B.350 is hereby amended to read as follows:

230-48     433B.350  1.  Nothing in this chapter purports to deprive any

230-49   person of any legal rights without due process of law.

231-1  2.  Unless the context clearly indicates otherwise, the provisions

231-2  of NRS 433.456 to 433.543, inclusive, sections 2 to 19, inclusive, of

231-3   this act and chapter 433A of NRS apply to all persons subject to the

231-4   provisions of this chapter.

231-5  Sec. 126.  Sections 6 and 9 of chapter 599, Statutes of Nevada 1999, at

231-6   page 3258, are hereby amended to read respectively as follows:

231-7  Sec. 6.  NRS 389.010 is hereby amended to read as follows:

231-8  389.010  Except as otherwise provided in NRS [389.170 and]

231-9   389.180,

 boards of trustees of school districts in this state shall

231-10   enforce in schools:

231-11     1.  The standards of content and performance established by the

231-12   council to establish academic standards for public schools and the

231-13   courses of study related to those standards; and

231-14     2.  The courses of study prescribed and adopted by the state board.

231-15     Sec. 9.  1.  This section and sections 2 to [8,] 5,

 inclusive, 7 and

231-16   8

 of this act become effective on July 1, 1999.

231-17     2.  Section 6 of this act becomes effective at 12:01 a.m. on
July 1, 1999.

231-18     Sec. 127.  1.  Section 25 of chapter 600, Statutes of Nevada 1999, at

231-19   page 3272, is hereby amended to read as follows:

231-20     Sec. 25.  1.  This section and sections 1 to 6, inclusive, 9 to 16,

231-21   inclusive, 18 [to 22, inclusive,] , 19, 20, 21, 22

 and 26 of this act

231-22   become effective on July 1, 1999.

231-23     2.  Sections 23 and 24 of this act

 become effective upon passage

231-24   and approval.

231-25     3.  Sections 7 and 8 of this act become effective on October 1,

231-26   1999.

231-27     4.  [Sections 4 and 16 expire] Section 4 of this act expires

 by

231-28   limitation on March 1, 2003.

231-29     5.  Section 5 of this act

 expires by limitation on September 1,

231-30   2003.

231-31     6.  [Section 17 becomes] Sections 17 and 20.1 of this act become

231-32 

 effective on March 1, 2003.

231-33     2.  Chapter 600, Statutes of Nevada 1999, at page 3272, is hereby

231-34   amended by adding thereto a new section to be designated as section 20.1,

231-35   immediately following section 20, to read as follows:

231-36     Sec. 20.1.  Section 6 of this act is hereby amended to read as

231-37   follows:

231-38        Sec. 6.  1.  At any time after July 1, 2001, a licensed

231-39   alternative seller may submit to the commission an offer to provide

231-40   electric service that is being provided by the provider designated

231-41   pursuant to subsection 1 of NRS 704.982. The offer must:

231-42        (a) Request to serve at least 10 percent of the load of the

231-43   provider designated pursuant to subsection 1 of NRS 704.982;

 and

231-44        (b) Provide that the service will be provided by the alternative

231-45   seller to more than one class of customers .

 [; and

231-46        (c) Provide that there will be a discount of 5 percent off the rate

231-47   prescribed in subsection 2 of NRS 704.982.]

231-48        2.  Upon the receipt of such an offer, the commission may

231-49   conduct an auction if the commission determines that it is in the

232-1  public interest to conduct such an auction. If the commission

232-2  determines that such an auction is in the public interest, the

232-3   commission shall conduct the auction as soon as practicable. The

232-4   commission shall determine the terms and conditions for continued

232-5   service by the successful bidder at the auction. Any licensed

232-6   alternative seller or affiliate of an electric distribution utility may

232-7   submit a bid. Bidding must be done by sealed bid. Each bid must

232-8   be not less than 10 percent of the load, as measured in megawatts

232-9   or megawatt hours, of the load of the provider designated pursuant

232-10   to subsection 1 of NRS 704.982.

232-11        3.  The commission shall review the bids. If the successful

232-12   bidder is an alternative seller or an affiliate of an electric

232-13   distribution utility other than the electric distribution utility that

232-14   provided the service before the auction, the successful bidder

232-15   becomes the provider of the service for the percentage of the load

232-16   as indicated in its bid. For the remainder of the load that is not

232-17   awarded to a successful bidder, the electric distribution utility

232-18   which provided service to the customers before the auction

232-19   remains the provider of the service, and that service must continue

232-20   to be provided under the same terms and conditions as existed for

232-21   the provision of that service by the electric distribution utility

232-22   immediately before the auction.

232-23     Sec. 128.  Sections 7 and 12 of chapter 604, Statutes of Nevada 1999,

232-24   at pages 3284 and 3286, respectively, are hereby amended to read

232-25   respectively as follows:

232-26     Sec. 7.  NRS 482.36395 is hereby amended to read as follows:

232-27     482.36395  No motor vehicle manufacturer, distributor, factory

232-28   branch or representative thereof may:

232-29     1.  Encourage, aid or abet a dealer to sell or lease

 motor vehicles

232-30   through any false, deceptive or misleading sales or financing practice.

232-31     2.  Refuse to deliver an order of a dealer within 60 days after the

232-32   order is received in writing unless the inability to deliver the order is

232-33   caused by shortage or curtailment of material, labor, production

232-34   capacity, transportation or utility services, or to any labor or

232-35   production difficulty, or to any cause beyond the reasonable control

232-36   of the motor vehicle manufacturer or distributor.

232-37     3.  Coerce, compel or otherwise require any dealer to pay over or

232-38   to repay any amount of money or other consideration which is in

232-39   substantiation of or repayment for any advertising, [promotion]

232-40   promotional

 activity or scheme, or method of implementing the sale

232-41   or lease

 of motor vehicles.

232-42     4.  Demand or require, directly or indirectly, a dealer to pay any

232-43   amount of money which is projected or proposed for the

232-44   advertisement, display or promotion of any motor vehicle which is

232-45   being sold or leased

 pursuant to a franchise, unless the dealer has

232-46   agreed thereto in writing.

232-47     5.  Demand or require, directly or indirectly, a dealer to comply

232-48   with standards which exceed commonly accepted business practices

232-49   within the automotive industry relating to sales , leases

 or service of

232-50   motor vehicles.

233-1  6.  Based solely upon the results of a survey of a dealer’s

233-2  customers conducted by or on behalf of a motor vehicle manufacturer

233-3   which is intended or otherwise purports to measure the performance

233-4   of a dealer:

233-5  (a) Discriminate, directly or indirectly, against a dealer;

233-6  (b) Take any action to terminate a dealer’s franchise; or

233-7  (c) Refuse to consent to the designation of a successor, refuse to

233-8   honor a right of succession set forth in a franchise or refuse to

233-9   approve the transfer of a controlling interest in a dealership.

233-10  This subsection does not prohibit a motor vehicle manufacturer,

233-11   distributor, factory branch or representative thereof from conducting

233-12   a contest or other award program to recognize the performance of a

233-13   dealer based on reasonable criteria relating to sales , leases

 or service

233-14   of motor vehicles.

233-15     Sec. 12.  1.  This section and sections 9, 10 and 11 of this act

233-16   become effective upon passage and approval.

233-17     2.  Sections 1 to [7,] 6,

 inclusive, of this act become effective on

233-18   October 1, 1999.

233-19     3.  [Section] Sections 7 and

 8 of this act [becomes] become

233-20   effective at 12:01 a.m. on October 1, 1999.

233-21     Sec. 129.  1.  Sections 17, 52, 54, 55 and 60 of chapter 606, Statutes

233-22   of Nevada 1999, at pages 3297, 3320, 3322 and 3324, are hereby amended

233-23   to read respectively as follows:

233-24     Sec. 17.  NRS 386.550 is hereby amended to read as follows:

233-25     386.550  A charter school shall:

233-26     1.  Comply with all laws and regulations relating to discrimination

233-27   and civil rights.

233-28     2.  Remain nonsectarian, including, without limitation, in its

233-29   educational programs, policies for admission and employment

233-30   practices.

233-31     3.  Refrain from charging tuition or fees, levying taxes or issuing

233-32   bonds.

233-33     4.  Comply with any plan for desegregation ordered by a court that

233-34   is in effect in the school district in which the charter school is located.

233-35     5.  Comply with the provisions of chapter 241 of NRS.

233-36     6.  [Schedule]

 Except as otherwise provided in this subsection,

233-37   schedule and provide annually at least as many days of instruction as

233-38   are required of other public schools located in the same school

233-39   district as the charter school is located.

 The governing body of a

233-40   charter school may submit a written request to the superintendent

233-41   of public instruction for a waiver from providing the days of

233-42   instruction required by this subsection. The superintendent of

233-43   public instruction may grant such a request if the governing body

233-44   demonstrates to the satisfaction of the superintendent that:

233-45     (a) Extenuating circumstances exist to justify the waiver; and

233-46     (b) The charter school will provide at least as many hours or

233-47   minutes of instruction as would be provided under a program

233-48   consisting of 180 days.

233-49     7.  Cooperate with the board of trustees of the school district in the

233-50   administration of the achievement and proficiency examinations

234-1  administered pursuant to NRS 389.015 and the examinations

234-2  required pursuant to section 11 of Senate Bill No. 466 of this session

234-3 

 to the pupils who are enrolled in the charter school.

234-4  8.  Comply with

 applicable statutes and regulations governing the

234-5   achievement and proficiency of pupils in this state.

234-6  9.  Provide instruction in the core academic subjects set forth in

234-7   subsection 1 of section 4 of Senate Bill No. 445 of this session, as

234-8   applicable for the grade levels of pupils who are enrolled in the

234-9   charter school, and provide

 at least the courses of instruction that are

234-10   required of pupils by statute or regulation for promotion to the next

234-11   grade or graduation from a public high school and require the pupils

234-12   who are enrolled in the charter school to take those courses of study.

234-13   This subsection does not preclude a charter school from offering, or

234-14   requiring the pupils who are enrolled in the charter school to take,

234-15   other courses of study that are required by statute or regulation.

234-16     10.  [Provide instruction on acquired immune deficiency

234-17   syndrome and the human reproductive system, related to

234-18   communicable diseases and sexual responsibility in accordance with

234-19   NRS 389.065.

234-20     11.  Adhere to the same transportation policy that is in effect in

234-21   the school district in which the charter school is located.

234-22     12.]

  Refrain from using public money to purchase real property

234-23   or buildings without the approval of the sponsor.

234-24     11.  Hold harmless, indemnify and defend the sponsor of the

234-25   charter school against any claim or liability arising from an act or

234-26   omission by the governing body of the charter school or an

234-27   employee or officer of the charter school. An action at law may not

234-28   be maintained against the sponsor of a charter school for any cause

234-29   of action for which the charter school has obtained liability

234-30   insurance.

234-31     12.  Provide written notice to the parents or legal guardians of

234-32   pupils in grades 9 to 12, inclusive, who are enrolled in the charter

234-33   school of whether the charter school is accredited by the

234-34   Commission on Schools of the Northwest Association of Schools

234-35   and Colleges.

234-36     13.  Adopt a final budget in accordance with the regulations

234-37   adopted by the department. A charter school is not required to adopt a

234-38   final budget pursuant to NRS 354.598 or otherwise comply with the

234-39   provisions of chapter 354 of NRS.

234-40     Sec. 52.  NRS 332.185 is hereby amended to read as follows:

234-41     332.185  1.  Except as otherwise provided in subsection 2 and

234-42 

 NRS 334.070, all sales or leases of personal property of the local

234-43   government must be made, as nearly as possible, under the same

234-44   conditions and limitations as required by this chapter in the purchase

234-45   of personal property; but the governing body or its authorized

234-46   representative may sell any such personal property at public auction

234-47   if it deems such a sale desirable and in the best interests of the local

234-48   government.

235-1  2.  The board of trustees of a school district may donate surplus

235-2  personal property of the school district to a charter school that is

235-3   located within the school district without regard to:

235-4  (a) The provisions of this chapter; or

235-5  (b) Any statute, regulation, ordinance or resolution that requires:

235-6     (1) The posting of notice or public advertising.

235-7     (2) The inviting or receiving of competitive bids.

235-8     (3) The selling or leasing of personal property by contract or at

235-9   a public auction.

235-10     3.

  The provisions of this chapter do not apply to the purchase,

235-11   sale, lease or transfer of real property by the governing body.

235-12     Sec. 54.  Section 8 of Senate Bill No. 341 of this session is hereby

235-13   amended to read as follows:

235-14        Sec. 8.  NRS 332.185 is hereby amended to read as follows:

235-15        332.185  1.  Except as otherwise provided in subsection 2 and

235-16   NRS 334.070, all sales or leases of personal property of the local

235-17   government must be made, as nearly as possible, under the same

235-18   conditions and limitations as required by this chapter in the

235-19   purchase of personal property

 . [; but the] The governing body or

235-20   its authorized representative may sell any such personal property at

235-21   public auction if it determines that the property is no longer

235-22   required for public use and deems such a sale desirable and in the

235-23   best interests of the local government.

235-24        2.  The board of trustees of a school district may donate surplus

235-25   personal property of the school district to a charter school that is

235-26   located within the school district without regard to:

235-27        (a) The provisions of this chapter; or

235-28        (b) Any statute, regulation, ordinance or resolution that requires:

235-29                 (1) The posting of notice or public advertising.

235-30                 (2) The inviting or receiving of competitive bids.

235-31                 (3) The selling or leasing of personal property by contract or

235-32   at a public auction.

235-33        3.  The provisions of this chapter do not apply to the purchase,

235-34   sale, lease or transfer of real property by the governing body.

235-35     Sec. 55.  1.  Section 1 of chapter 599, Statutes of Nevada 1999,

235-36   at page 3256, and section 4 of chapter 621, Statutes of Nevada

235-37   1999, at page 3383, are hereby repealed.

235-38     2.  NRS 386.510 is hereby repealed.

235-39     Sec. 60.  1.  This section and sections 54.1, 54.2,

 56 and 57 of

235-40   this act , and subsection 1 of section 55 of this act,

 become effective

235-41   upon passage and approval.

235-42     2.  Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24,

235-43   inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of

235-44   this act become effective on July 1, 1999.

235-45     3.  Sections 17, 25 and 46 of this act become effective at 12:01

235-46   a.m. on July 1, 1999.

235-47     4.  Section 12.5 of this act becomes effective on July 1, 2001.

235-48     5.  [Section] Subsection 2 of section

 55 of this act becomes

235-49   effective on July 1, 2003.

235-50     6.  Section 32 of this act expires by limitation on June 30, 2003.

236-1  2.  Chapter 606, Statutes of Nevada 1999, at page 3322, is hereby

236-2  amended by adding thereto new sections to be designated as sections 54.1

236-3   and 54.2, immediately following section 54, to read respectively as

236-4   follows:

236-5  Sec. 54.1.  Section 9 of chapter 599, Statutes of Nevada 1999, at

236-6   page 3258, is hereby amended to read as follows:

236-7  Sec. 9.  [1.]  This section and sections 2 to 8, inclusive, of this

236-8   act become effective on July 1, 1999.

236-9  [2.  Section 1 of this act becomes effective at 12:01 a.m. on
July 1, 1999.]

236-10     Sec. 54.2.  Section 41 of chapter 621, Statutes of Nevada 1999, at

236-11   page 3400, is hereby amended to read as follows:

236-12        Sec. 41.  1.  This section and subsection 2 of section 20 of this

236-13   act become effective on June 8, 1999.

236-14        2.  Sections 19, 21 and 27 to 40, inclusive, of this act, and

236-15   subsection 1 of section 20 of this act, become effective upon

236-16   passage and approval.

236-17        3.  Section 7 of this act becomes effective upon passage and

236-18   approval for the purpose of appointing members to the council to

236-19   establish academic standards for public schools and on July 1,

236-20   1999, for all other purposes.

236-21        4.  Sections 1 [to 6, inclusive,] , 2, 3, 5, 6,

 8 to 18, inclusive,

236-22   and 22 to 26, inclusive, of this act become effective on July 1,

236-23   1999.

236-24     Sec. 130.  Section 13.3 of chapter 619, Statutes of Nevada 1999, at

236-25   page 3365, is hereby amended to read as follows:

236-26     Sec. 13.3.  NRS 278.021 is hereby amended to read as follows:

236-27     278.021  1.  [The purpose of this section is to remove obstacles

236-28   imposed by zoning ordinances, declarations of restrictions, deed

236-29   restrictions, restrictive covenants and equitable servitudes which

236-30   prevent persons who are mentally retarded from living in normal

236-31   residences.

236-32     2.]  In any ordinance adopted by a city or county, the definition of

236-33   “single-family residence” must include a [home in which six or fewer

236-34   unrelated persons who are mentally retarded reside with one or two

236-35   additional persons to act as house parents or guardians who need not

236-36   be related to each other or any of the mentally retarded persons who

236-37   reside in the house.

236-38     3.  This section does] :

236-39     (a) Residential facility for groups in which 10 or fewer unrelated

236-40   persons with disabilities reside with:

236-41          (1) House parents or guardians who need not be related to any

236-42   of the persons with disabilities; and

236-43          (2) If applicable, additional persons who are related to the

236-44   house parents or guardians within the third degree of

236-45   consanguinity or affinity.

236-46     (b) Home for individual residential care.

236-47     2.  The provisions of subsection 1 do not prohibit a definition of

236-48   “single-family residence”

 which permits more persons to reside in

236-49   the

237-1  house, nor does it prohibit regulation of homes which are operated on

237-2  a commercial basis.

237-3  [4.]  For the purposes of [subsection 1, a residence for mentally

237-4   retarded persons is not a commercial activity.] this subsection, a

237-5   residential facility for groups or a home for individual residential

237-6   care shall not be deemed to be a home that is operated on a

237-7   commercial basis for any purposes relating to building codes or

237-8   zoning.

237-9  3.  The health division of the department of human resources

237-10   shall compile and maintain a registry of information relating to

237-11   each residential establishment that exists in this state and shall

237-12   make available for access on the Internet or its successor, if any,

237-13   the information contained in the registry. The registry must include

237-14   with respect to each residential establishment:

237-15     (a) The name of the owner of the establishment;

237-16     (b) The name of the administrator of the establishment;

237-17     (c) The address of the establishment; and

237-18     (d) The number of clients for which the establishment is
licensed.

237-19  Any department or agency of a county or city that becomes aware of

237-20   the existence of a residential establishment that is not included in

237-21   the registry shall transmit such information to the health division,

237-22   as is necessary, for inclusion in the registry within 30 days after

237-23   obtaining the information.

237-24     4.  The governing body of a county whose population is 100,000

237-25   or more or the governing body of a city in such a county or any

237-26   department or agency of the city or county shall approve the first

237-27   application submitted on or after July 1, 2000, to operate a

237-28   residential establishment within a particular neighborhood in the

237-29   jurisdiction of the governing body. If, on or after July 1, 2000, a

237-30   subsequent application is submitted to operate an additional

237-31   residential establishment at a location that is within 660 feet from

237-32   an existing residential establishment, the governing body shall

237-33   review the application based on applicable zoning ordinances. The

237-34   requirements of this subsection do not require the relocation or

237-35   displacement of any residential establishment which existed before

237-36   July 1, 2000, from its location on that date. The provisions of this

237-37   subsection do not create or impose a presumption that the location

237-38   of more than one residential establishment within 660 feet of each

237-39   other is inappropriate under all circumstances with respect to the

237-40   enforcement of zoning ordinances and regulations.

237-41     5.  The governing body of a county or city shall not refuse to

237-42   issue a special use permit to a residential establishment that meets

237-43   local public health and safety standards.

237-44     6.  The provisions of this section must not be applied in any

237-45   manner which would result in a loss of money from the Federal

237-46   Government for programs relating to housing.

237-47     7.  As used in this section:

237-48     (a) “Home for individual residential care” has the meaning

237-49   ascribed to it in NRS 449.0105.

238-1  (b) “Person with a disability” means a person:

238-2     (1) With a physical or mental impairment that substantially

238-3   limits one or more of the major life activities of the person;

238-4     (2) With a record of such an impairment; or

238-5     (3) Who is regarded as having such an impairment.

238-6  (c) “Residential establishment” means a home for individual

238-7   residential care in a county whose population is 100,000 or more or

238-8   a residential facility for groups.

238-9  (d) “Residential facility for groups” has the meaning ascribed to

238-10   it in NRS 449.017.

238-11     Sec. 131.  Sections 12, 19, 20 and 41 of chapter 621, Statutes of

238-12   Nevada 1999, at pages 3386, 3392, 3393 and 3400, respectively, are

238-13   hereby amended to read respectively as follows:

238-14     Sec. 12.  1.  The state board shall adopt regulations that

238-15   require the board of trustees of each school district and the

238-16   governing body of each charter school to submit to the

238-17   superintendent of public instruction, the department and the

238-18   council, in the form and manner prescribed by the superintendent,

238-19   the results of the examinations administered pursuant to section 11

238-20   of this act. The state board shall not include in the regulations any

238-21   provision that would violate the confidentiality of the test scores of

238-22   an individual pupil.

238-23     2.  The results of the examinations must be reported for each

238-24   school, including, without limitation, each charter school, school

238-25   district and this state, as follows:

238-26     (a) The percentage of pupils who have demonstrated proficiency,

238-27   as defined by the department, and took the examinations under

238-28   regular testing conditions; and

238-29     (b) The percentage of pupils who have demonstrated proficiency,

238-30   as defined by the department, and took the examinations with

238-31   modifications or accommodations approved by the private entity

238-32   that created the examination or, if the department created the

238-33   examination, the department, if such reporting does not violate the

238-34   confidentiality of the test scores of any individual pupil.

238-35     3.  The department shall adopt regulations prescribing the

238-36   requirements for reporting the results of pupils who:

238-37     (a) Took the examinations under conditions that were not

238-38   approved by the private entity that created the examination or, if the

238-39   department created the examination, by the department;

238-40     (b) Are enrolled in special schools for children with disabilities;

238-41     (c) Are enrolled in an alternative program for the education of

238-42   pupils at risk of dropping out of high school; or

238-43     (d) Are detained in a:

238-44          (1) Youth training center;

238-45          (2) Youth center;

238-46          (3) Juvenile forestry camp;

238-47          (4) Detention home;

238-48          (5) Youth camp;

238-49          (6) Juvenile correctional institution; or

238-50          (7) Correctional institution.

239-1  The results reported pursuant to this subsection must not be

239-2  included in the percentage of pupils reported pursuant to
subsection 2.

239-3  4.  Not later than 10 days after the department receives the

239-4   results of the examinations, the department shall transmit a copy of

239-5   the results to the legislative bureau of educational accountability

239-6   and program evaluation in a manner that does not violate the

239-7   confidentiality of the test scores of any individual pupil.

239-8  5.  On or before November 1 of each year, each school district

239-9   and each charter school shall report to the department the

239-10   following information for each examination administered in the

239-11   public schools in the school district or charter school:

239-12     (a) The examination administered;

239-13     (b) The grade level or levels of pupils to whom the examination

239-14   was administered;

239-15     (c) The costs incurred by the school district or charter school in

239-16   administering each examination; and

239-17     (d) The purpose, if any, for which the results of the examination

239-18   are used by the school district or charter school.

239-19  On or before December 1 of each year, the department shall

239-20   transmit to the budget division of the department of administration

239-21   and the fiscal analysis division of the legislative counsel bureau the

239-22   information submitted to the department pursuant to this

239-23   subsection.

239-24     6.  The superintendent of schools of each school district and the

239-25   governing body of each charter school shall certify that the number

239-26   of pupils who took the examinations is equal to the number of

239-27   pupils who are enrolled in each school in the school district or in

239-28   the charter school who are required to take the examinations,

239-29   except for those pupils who are exempt from taking the

239-30   examinations. A pupil may be exempt from taking the examinations

239-31   if:

239-32     (a) His primary language is not English and his proficiency in

239-33   the English language is below the level that the state board

239-34   determines is proficient, as measured by an assessment of

239-35   proficiency in the English language prescribed by the state board

239-36   pursuant to subsection 8; or

239-37     (b) He is enrolled in a program of special education pursuant to

239-38   NRS 388.440 to 388.520, inclusive, and his program of special

239-39   education specifies that he is exempt from taking the examinations.

239-40     7.  In addition to the information required by subsection 5, the

239-41   superintendent of public instruction shall:

239-42     (a) Report the number of pupils who were not exempt from

239-43   taking the examinations but were absent from school on the day

239-44   that the examinations were administered; and

239-45     (b) Reconcile the number of pupils who were required to take the

239-46   examinations with the number of pupils who were exempt from

239-47   taking the examinations or absent from school on the day that the

239-48   examinations were administered.

239-49     8.  The state board shall prescribe an assessment of proficiency

239-50   in the English language for pupils whose primary language is not

240-1  English to determine which pupils are exempt from the

240-2  examinations pursuant to paragraph (a) of subsection 6.

240-3  Sec. 19.  Section 64 of chapter 473, Statutes of Nevada 1997, at

240-4   page 1788, as last amended by section 52 of chapter 105, Statutes of

240-5   Nevada 1999, at page 476,

 is hereby amended to read as follows:

240-6  Sec. 64.  1.  This section and section 63 of this act become

240-7   effective upon passage and approval.

240-8  2.  Subsection 1 of section 61 of this act becomes effective on

240-9   June 30, 1997. Subsections 2 to 11, inclusive, of section 61 of this

240-10   act become effective on July 1, 1997.

240-11        3.  Section 27 of this act becomes effective upon passage and

240-12   approval for purposes of appointing members to the commission

240-13   on educational technology, created pursuant to section 27 of this

240-14   act, and on July 1, 1997, for all other purposes.

240-15        4.  Section 37 of this act becomes effective upon passage and

240-16   approval for purposes of appointing members to the legislative

240-17   committee on education, created pursuant to section 37 of this act,

240-18   and on July 1, 1997, for all other purposes.

240-19        5.  Section 43 of this act becomes effective upon passage and

240-20   approval for purposes of appointing members to the council to

240-21   establish academic standards for public schools, created pursuant

240-22   to section 43 of this act, and on July 1, 1997, for all other purposes,

240-23   and expires by limitation on June 30, [2001.]

 1999.

240-24        6.  Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to 42.1,

240-25   inclusive, 46 to 60, inclusive, and 62 of this act become effective

240-26   on July 1, 1997.

240-27        7.  Sections 44 and 45 of this act become effective on July 1,

240-28   1997, and expire by limitation on June 30, 2003.

240-29        8.  Sections 1 to 19, inclusive, of this act become effective on

240-30   January 1, 1998.

240-31     Sec. 20.  1.

  Section 2 of Senate Bill No. 49 of this session is

240-32   hereby repealed.

240-33     2.  Sections 1 and 2 of chapter 583, Statutes of Nevada 1999, at

240-34   pages 3153 and 3156, respectively, are hereby repealed.

240-35     Sec. 41.  1.  This section and [sections 19, 20 and]subsection 2

240-36   of section 20 of this act become effective on June 8, 1999.

240-37     2.  Sections 19,

 21 and 27 to 40, inclusive, of this act , and

240-38   subsection 1 of section 20 of this act,

 become effective upon passage

240-39   and approval.

240-40     [2.]

 3.  Section 7 of this act becomes effective upon passage and

240-41   approval for the purpose of appointing members to the council to

240-42   establish academic standards for public schools and on July 1, 1999,

240-43   for all other purposes.

240-44     [3.]

 4.  Sections 1 to 6, inclusive, 8 to 18, inclusive, and 22 to 26,

240-45   inclusive, of this act become effective on July 1, 1999.

240-46     Sec. 132.  1.  Section 15 of chapter 622, Statutes of Nevada 1999, at

240-47   page 3409, is hereby amended to read as follows:

240-48     Sec. 15.  NRS 483.460 is hereby amended to read as follows:

240-49     483.460  1.  Except as otherwise provided by specific statute, the

240-50   department shall revoke the license, permit or privilege of any driver

241-1  upon receiving a record of his conviction of any of the following

241-2  offenses, when that conviction has become final, and the driver is not

241-3   eligible for a license, permit or privilege to drive for the period

241-4   indicated:

241-5  (a) For a period of 3 years if the offense is:

241-6     (1) A violation of subsection 2 of NRS 484.377.

241-7     (2) A third or subsequent violation within 7 years of NRS

241-8   484.379.

241-9     (3) A violation of NRS 484.3795 or a

 homicide resulting from

241-10   driving or being in actual physical control of

 a vehicle while under

241-11   the influence of intoxicating liquor or a controlled substance

 [.] or

241-12   resulting from any other conduct prohibited by NRS 484.379 or

241-13   484.3795.

241-14  The period during which such a driver is not eligible for a license,

241-15   permit or privilege to drive must be set aside during any period of

241-16   imprisonment and the period of revocation must resume upon

241-17   completion of the period of imprisonment or when the person is

241-18   placed on residential confinement.

241-19     (b) For a period of 1 year if the offense is:

241-20          (1) Any other manslaughter resulting from the driving of a

241-21   motor vehicle or felony in the commission of which a motor vehicle

241-22   is used, including the unlawful taking of a motor vehicle.

241-23          (2) Failure to stop and render aid as required pursuant to the

241-24   laws of this state in the event of a motor vehicle accident resulting in

241-25   the death or bodily injury of another.

241-26          (3) Perjury or the making of a false affidavit or statement under

241-27   oath to the department pursuant to NRS 483.010 to 483.630,

241-28   inclusive, or pursuant to any other law relating to the ownership or

241-29   driving of motor vehicles.

241-30          (4) Conviction, or forfeiture of bail not vacated, upon three

241-31   charges of reckless driving committed within a period of 12 months.

241-32          (5) A second violation within 7 years of NRS 484.379 and,

241-33   except as otherwise provided in subsection 2 of NRS 483.490, the

241-34   driver is not eligible for a restricted license during any of that period.

241-35          (6) A violation of NRS 484.348.

241-36     (c) For a period of 90 days, if the offense is a first violation within

241-37   7 years of NRS 484.379.

241-38     2.  The department shall revoke the license, permit or privilege of

241-39   a driver convicted of violating NRS 484.379 who fails to complete

241-40   the educational course on the use of alcohol and controlled

241-41   substances within the time ordered by the court and shall add a period

241-42   of 90 days during which the driver is not eligible for a license, permit

241-43   or privilege to drive.

241-44     3.  When the department is notified by a court that a person who

241-45   has been convicted of violating NRS 484.379 has been permitted to

241-46   enter a program of treatment pursuant to NRS 484.37937 or

241-47   484.3794, the department shall reduce by one-half the period during

241-48   which he is not eligible for a license, permit or privilege to drive, but

241-49   shall restore that reduction in time if notified that he was not accepted

241-50   for or failed to complete the treatment.

242-1  4.  The department shall revoke the license, permit or privilege to

242-2  drive of a person who is required to install a device pursuant to NRS

242-3   484.3943 but who operates a motor vehicle without such a device:

242-4  (a) For 3 years, if it is his first such offense during the period of

242-5   required use of the device.

242-6  (b) For 5 years, if it is his second such offense during the period of

242-7   required use of the device.

242-8  5.  A driver whose license, permit or privilege is revoked pursuant

242-9   to subsection 4 is not eligible for a restricted license during the period

242-10   set forth in paragraph (a) or (b) of that subsection, whichever is

242-11   applicable.

242-12     6.  In addition to any other requirements set forth by specific

242-13   statute, if the department is notified that a court has ordered the

242-14   revocation, suspension or delay in the issuance of a license pursuant

242-15   to chapter 62 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS

242-16   or any other provision of law, the department shall take such actions

242-17   as are necessary to carry out the court’s order.

242-18     7.  As used in this section, “device” has the meaning ascribed to it

242-19   in NRS 484.3941.

242-20     2.  Chapter 622, Statutes of Nevada 1999, at page 3441, is hereby

242-21   amended by adding thereto new sections to be designated as sections 52.1

242-22   and 52.2, immediately following section 52, to read as follows:

242-23     Sec. 52.1.  Section 5 of chapter 459, Statutes of Nevada 1999, at

242-24   page 2135, is hereby amended to read as follows:

242-25        Sec. 5.  NRS 483.460 is hereby amended to read as follows:

242-26        483.460  1.  Except as otherwise provided by specific statute,

242-27   the department shall revoke the license, permit or privilege of any

242-28   driver upon receiving a record of his conviction of any of the

242-29   following offenses, when that conviction has become final, and the

242-30   driver is not eligible for a license, permit or privilege to drive for

242-31   the period indicated:

242-32        (a) For a period of 3 years if the offense is:

242-33                 (1) A violation of subsection 2 of NRS 484.377.

242-34                 (2) A third or subsequent violation within 7 years of NRS

242-35   484.379.

242-36                 (3) A violation of NRS 484.3795 or a homicide resulting from

242-37   driving or being in actual physical control of a vehicle while under

242-38   the influence of intoxicating liquor or a controlled substance or

242-39   resulting from any other conduct prohibited by NRS 484.379 or

242-40   484.3795.

242-41  The period during which such a driver is not eligible for a license,

242-42   permit or privilege to drive must be set aside during any period of

242-43   imprisonment and the period of revocation must resume upon

242-44   completion of the period of imprisonment or when the person is

242-45   placed on residential confinement.

242-46        (b) For a period of 1 year if the offense is:

242-47                 (1) Any other manslaughter resulting from the driving of a

242-48   motor vehicle or felony in the commission of which a motor

242-49   vehicle is used, including the unlawful taking of a motor vehicle.

243-1         (2) Failure to stop and render aid as required pursuant to the

243-2  laws of this state in the event of a motor vehicle accident resulting

243-3   in the death or bodily injury of another.

243-4         (3) Perjury or the making of a false affidavit or statement

243-5   under oath to the department pursuant to NRS 483.010 to 483.630,

243-6   inclusive, or pursuant to any other law relating to the ownership or

243-7   driving of motor vehicles.

243-8         (4) Conviction, or forfeiture of bail not vacated, upon three

243-9   charges of reckless driving committed within a period of 12

243-10   months.

243-11                 (5) A second violation within 7 years of NRS 484.379 and

 [,

243-12   except as otherwise provided in subsection 2 of NRS 483.490,]the

243-13   driver is not eligible for a restricted license during any of that

243-14   period.

243-15                 (6) A violation of NRS 484.348.

243-16        (c) For a period of 90 days, if the offense is a first violation

243-17   within 7 years of NRS 484.379.

243-18        2.  The department shall revoke the license, permit or privilege

243-19   of a driver convicted of violating NRS 484.379 who fails to

243-20   complete the educational course on the use of alcohol and

243-21   controlled substances within the time ordered by the court and

243-22   shall add a period of 90 days during which the driver is not eligible

243-23   for a license, permit or privilege to drive.

243-24        3.  When the department is notified by a court that a person who

243-25   has been convicted of [violating] a first violation within 7 years of

243-26 

 NRS 484.379 has been permitted to enter a program of treatment

243-27   pursuant to NRS 484.37937 , [or 484.3794,] the department shall

243-28   reduce by one-half the period during which he is not eligible for a

243-29   license, permit or privilege to drive, but shall restore that reduction

243-30   in time if notified that he was not accepted for or failed to

243-31   complete the treatment.

243-32        4.  The department shall revoke the license, permit or privilege

243-33   to drive of a person who is required to install a device pursuant to

243-34   NRS 484.3943 but who operates a motor vehicle without such a

243-35   device:

243-36        (a) For 3 years, if it is his first such offense during the period of

243-37   required use of the device.

243-38        (b) For 5 years, if it is his second such offense during the period

243-39   of required use of the device.

243-40        5.  A driver whose license, permit or privilege is revoked

243-41   pursuant to subsection 4 is not eligible for a restricted license

243-42   during the period set forth in paragraph (a) or (b) of that

243-43   subsection, whichever [is applicable.]

 applies.

243-44        6.  In addition to any other requirements set forth by specific

243-45   statute, if the department is notified that a court has ordered the

243-46   revocation, suspension or delay in the issuance of a license

243-47   pursuant to chapter 62 of NRS, NRS 176.064 or 206.330, chapter

243-48   484 of NRS or any other provision of law, the department shall

243-49   take such actions as are necessary to carry out the court’s order.

244-1  7.  As used in this section, “device” has the meaning ascribed to

244-2  it in NRS 484.3941.

244-3  Sec. 52.2.  Section 12 of chapter 459, Statutes of Nevada 1999, at

244-4   page 2144, is hereby repealed.

244-5  Sec. 133.  Sections 1, 8 and 16 of chapter 624, Statutes of Nevada

244-6   1999, at pages 3449, 3455 and 3461, respectively, are hereby amended to

244-7   read respectively as follows:

244-8  Section 1.  NRS 385.347 is hereby amended to read as follows:

244-9  385.347  1.  The board of trustees of each school district in this

244-10   state, in cooperation with associations recognized by the state board

244-11   as representing licensed personnel in education in the district, shall

244-12   adopt a program providing for the accountability of the school district

244-13   to the residents of the district and to the state board for the quality of

244-14   the schools and the educational achievement of the pupils in the

244-15   district, including, without limitation, pupils enrolled in charter

244-16   schools in the school district.

244-17     2.  The board of trustees of each school district shall, on or before

244-18   March 31 of each year, report to the residents of the district

244-19   concerning:

244-20     (a) The educational goals and objectives of the school district.

244-21     (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in

244-22   the district and the district as a whole, including, without limitation,

244-23   each charter school in the district.

244-24  Unless otherwise directed by the department, the board of trustees of

244-25   the district shall base its report on the results of the examinations

244-26   administered pursuant to NRS 389.015 and shall compare the results

244-27   of those examinations for the current school year with those of

244-28   previous school years. The report must include, for each school in the

244-29   district, including, without limitation, each charter school in the

244-30   district, and each grade in which the examinations were administered:

244-31          (1) The number of pupils who took the examinations;

244-32          (2) An explanation of instances in which a school was exempt

244-33   from administering or Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).a pupil was exempt from taking an

244-34   examination; and

244-35          (3) A record of attendance for the period in which the

244-36   examinations were administered, including an explanation of any

244-37   difference in the number of pupils who took the examinations and the

244-38   number of pupils who are enrolled in the school.

244-39  In addition, the board shall also report the results of other

244-40   examinations of pupil achievement administered to pupils in the

244-41   school district in grades other than 4, 8, 10 and 11. The results of

244-42   these examinations for the current school year must be compared

244-43   with those of previous school years.

244-44     (c) The ratio of pupils to teachers in kindergarten and at each grade

244-45   level for each elementary school in the district and the district as a

244-46   whole, including, without limitation, each charter school in the

244-47   district, the average class size for each required course of study for

244-48   each secondary school in the district and the district as a whole,

244-49   including, without limitation, each charter school in the district, and

245-1  other data concerning licensed and unlicensed employees of the

245-2  school district.

245-3  (d) The percentage of classes taught by teachers who have been

245-4   assigned to teach English, mathematics, science or social studies but

245-5   do not possess a license with an endorsement to teach in that subject

245-6   area, for each school in the district and the district as a whole,

245-7   including, without limitation, each charter school in the district.

245-8  (e) The total expenditure per pupil for each school in the district

245-9   and the district as a whole, including, without limitation, each charter

245-10   school in the district.

245-11     (f) The curriculum used by the school district, including:

245-12          (1) Any special programs for pupils at an individual school; and

245-13          (2) The curriculum used by each charter school in the district.

245-14     (g) [The annual rate] Records

 of the attendance and truancy of

245-15   pupils in all grades, including, without limitation, the average daily

245-16   attendance of pupils, for each school in the district and the district as

245-17   a whole, including, without limitation, each charter school in the

245-18   district.

245-19     (h) The annual rate of pupils who drop out of school in grades 9 to

245-20   12, inclusive, for each such grade, for each school in the district and

245-21   for the district as a whole

 [.] , excluding pupils who:

245-22          (1) Provide proof to the school district of successful completion

245-23   of the examinations of general educational development.

245-24          (2) Are enrolled in courses that are approved by the

245-25   department as meeting the requirements for an adult standard

245-26   diploma.

245-27          (3) Withdraw from school to attend another school.

245-28     (i) Records of attendance of teachers who provide instruction, for

245-29   each school in the district and the district as a whole, including,

245-30   without limitation, each charter school in the district.

245-31     (j) Efforts made by the school district and by each school in the

245-32   district, including, without limitation, each charter school in the

245-33   district, to increase:

245-34          (1) Communication with the parents of pupils in the district; and

245-35          (2) The participation of parents in the educational process and

245-36   activities relating to the school district and each school, including,

245-37   without limitation, the existence of parent organizations and school

245-38   advisory committees.

245-39     (k) Records of incidents involving weapons or violence for each

245-40   school in the district, including, without limitation, each charter

245-41   school in the district.

245-42     (l) Records of incidents involving the use or possession of

245-43   alcoholic beverages or controlled substances for each school in the

245-44   district, including, without limitation, each charter school in the

245-45   district.

245-46     (m) Records of the suspension and expulsion of pupils required or

245-47   authorized pursuant to NRS 392.466 and 392.467.

245-48     (n) The number of pupils who are deemed habitual disciplinary

245-49   problems pursuant to NRS 392.4655, for each school in the district

246-1  and the district as a whole, including, without limitation, each charter

246-2  school in the district.

246-3  (o) The number of pupils in each grade who are retained in the

246-4   same grade pursuant to NRS 392.125, for each school in the district

246-5   and the district as a whole, including, without limitation, each charter

246-6   school in the district.

246-7  (p) The transiency rate of pupils for each school in the district and

246-8   the district as a whole, including, without limitation, each charter

246-9   school in the district. For the purposes of this paragraph, a pupil is

246-10   not transient if he is transferred to a different school within the school

246-11   district as a result of a change in the zone of attendance by the board

246-12   of trustees of the school district pursuant to NRS 388.040.

246-13     (q) Each source of funding for the school district.

246-14     (r) The amount and sources of money received for remedial

246-15   education for each school in the district and the district as a whole,

246-16   including, without limitation, each charter school in the district.

246-17     (s) For each high school in the district, including, without

246-18   limitation, each charter school in the district, the percentage of pupils

246-19   who graduated from that high school or charter school in the

246-20   immediately preceding year and enrolled in remedial courses in

246-21   reading, writing or mathematics at a university or community college

246-22   within the University and Community College System of Nevada.

246-23     (t) The technological facilities and equipment available at each

246-24   school, including, without limitation, each charter school, and the

246-25   district’s plan to incorporate educational technology at each school.

246-26     (u) For each school in the district and the district as a whole,

246-27   including, without limitation, each charter school in the district, the

246-28   number and percentage of pupils who graduate with:

246-29          (1) A standard high school diploma.

246-30          (2) An adjusted diploma.

246-31          (3) A certificate of attendance.

246-32     (v) For each school in the district and the district as a whole,

246-33   including, without limitation, each charter school in the district, the

246-34   number and percentage of pupils who did not receive a high school

246-35   diploma because the pupils failed to pass the high school proficiency

246-36   examination.

246-37     (w) The number of habitual truants who are reported to a school

246-38   police officer or law enforcement agency pursuant to paragraph (a)

246-39   of subsection 2 of section 3 of this act and the number of habitual

246-40   truants who are referred to an advisory board to review school

246-41   attendance pursuant to paragraph (b) of subsection 2 of section 3 of

246-42   this act, for each school in the district and for the district as a

246-43   whole.

246-44     (x)

 Such other information as is directed by the superintendent of

246-45   public instruction.

246-46     3.  The records of attendance maintained by a school for purposes

246-47   of paragraph (i) of subsection 2 must include the number of teachers

246-48   who are in attendance at school and the number of teachers who are

246-49   absent from school. A teacher shall be deemed in attendance if the

246-50   teacher is excused from being present in the classroom by the school

246-51   in which he is employed for one of the following reasons:

247-1  (a) Acquisition of knowledge or skills relating to the professional

247-2  development of the teacher; or

247-3  (b) Assignment of the teacher to perform duties for cocurricular or

247-4   extracurricular activities of pupils.

247-5  4.  The superintendent of public instruction shall:

247-6  (a) Prescribe forms for the reports required pursuant to subsection

247-7   2 and provide the forms to the respective school districts.

247-8  (b) Provide statistical information and technical assistance to the

247-9   school districts to ensure that the reports provide comparable

247-10   information with respect to each school in each district and among

247-11   the districts.

247-12     (c) Consult with a representative of the:

247-13          (1) Nevada State Education Association;

247-14          (2) Nevada Association of School Boards;

247-15          (3) Nevada Association of School Administrators;

247-16          (4) Nevada Parent Teachers Association;

247-17          (5) Budget division of the department of administration; and

247-18          (6) Legislative counsel bureau,

247-19  concerning the program and consider any advice or recommendations

247-20   submitted by the representatives with respect to the program.

247-21     5.  The superintendent of public instruction may consult with

247-22   representatives of parent groups other than the Nevada Parent

247-23   Teachers Association concerning the program and consider any

247-24   advice or recommendations submitted by the representatives with

247-25   respect to the program.

247-26     6.  On or before April 15 of each year, the board of trustees of

247-27   each school district shall submit to [the advisory] each

 board to

247-28   review school attendance created in the county pursuant to NRS

247-29   392.126 the information required in paragraph (g) of subsection 2.

247-30     Sec. 8.  NRS 392.128 is hereby amended to read as follows:

247-31     392.128  1.  Each advisory board to review school attendance

247-32   created pursuant to NRS 392.126 shall:

247-33     (a) Review the records of the [rate of] attendance and truancy of

247-34   pupils submitted to the advisory board to review school attendance by

247-35   the board of trustees of the school district pursuant to subsection 6 of

247-36   NRS 385.347;

247-37     (b) Identify factors that contribute to the [rate of] truancy of pupils

247-38   in the school district;

247-39     (c) Establish programs to reduce the [rate of] truancy of pupils in

247-40   the school district;

247-41     (d) At least annually, evaluate the effectiveness of those programs;

247-42     (e) Establish a procedure for schools and school districts for the

247-43   reporting of the status of pupils as habitual truants ; and [the issuance

247-44   of citations pursuant to NRS 392.142; and]

247-45     (f) Inform the parents and legal guardians of the pupils who are

247-46   enrolled in the schools within the district of the policies and

247-47   procedures adopted pursuant to the provisions of this section.

247-48     2.  The chairman of an advisory board may divide the advisory

247-49   board into subcommittees. The advisory board may delegate one or

247-50   more of the duties of the advisory board to a subcommittee of the

248-1  advisory board, including, without limitation, holding hearings

248-2  pursuant to section 5 of this act. If the chairman of an advisory

248-3   board divides the advisory board into subcommittees, the chairman

248-4   shall notify the board of trustees of the school district of this action.

248-5   Upon receipt of such a notice, the board of trustees shall establish

248-6   rules and procedures for each such subcommittee. A subcommittee

248-7   shall abide by the applicable rules and procedures when it takes

248-8   action or makes decisions.

248-9  3.  An advisory board to review school attendance created in a

248-10   county pursuant to NRS 392.126 may use money appropriated by the

248-11   legislature and any other money made available to the advisory board

248-12   for the use of programs to reduce the truancy of pupils in the school

248-13   district. The advisory board to review school attendance shall, on a

248-14   quarterly basis, provide to the board of trustees of the school district

248-15   an accounting of the money used by the advisory board to review

248-16   school attendance to reduce the [rate of] truancy of pupils in the

248-17   school district.

248-18     Sec. 16.  1.  This section and sections [1 to 10,] 2 to 7,

 inclusive,

248-19   9, 10

 and 12 to 15, inclusive, of this act become effective on July 1,

248-20   1999.

248-21     2.  [Section] Sections 1, 8 and

 11 of this act [becomes] become

248-22   effective at 12:01 a.m. on July 1, 1999.

248-23     Sec. 134.  1.  Sections 5, 6, 11, 12, 13, 24, 25, 27, 35.2, 35.6, 35.8, 36

248-24   and 38 of chapter 627, Statutes of Nevada 1999, at pages 3469, 3470,

248-25   3474, 3476, 3477, 3484, 3485, 3490, 3497, 3503 and 3504, are hereby

248-26   amended to read respectively as follows:

248-27     Sec. 5.  1.  A public body shall advertise for preliminary

248-28   proposals for the design and construction of a public work by a

248-29   design-build team at least twice each week for 3 consecutive weeks

248-30   in:

248-31     (a) A newspaper of general circulation published in the county in

248-32   which the public work is proposed to be constructed or, if there is

248-33   no such newspaper, in a newspaper of general circulation in the

248-34   county published in this state; and

248-35     (b) A newspaper of general circulation in this state.

248-36     2.  A request for preliminary proposals published pursuant to

248-37   subsection 1 must include, without limitation:

248-38     (a) A description of the public work to be designed and

248-39   constructed;

248-40     (b) Separate estimates of the costs of designing and constructing

248-41   the public work;

248-42     (c) The dates on which it is anticipated that the separate phases

248-43   of the design and construction of the public work will begin and

248-44   end;

248-45     (d) A statement setting forth the place and time in which a

248-46   design-build team desiring to submit a proposal for the public work

248-47   may obtain the information necessary to submit a proposal,

248-48   including, without limitation, the extent to which designs must be

248-49   completed for both preliminary and final proposals and any other

249-1  requirements for the design and construction of the public work that

249-2  the public body determines to be necessary;

249-3  (e) A list of the requirements set forth in section 6 of this act;

249-4  (f) A list of the factors that the public body will use to evaluate

249-5   design-build teams who submit a proposal for the public work,

249-6   including, without limitation:

249-7     (1) The relative weight to be assigned to each factor; and

249-8     (2) A disclosure of whether the factors that are not related to

249-9   cost are, when considered as a group, more or less important in the

249-10   process of evaluation than the factor of cost;

249-11     (g) Notice that a design-build team desiring to submit a proposal

249-12   for the public work must include with its proposal the information

249-13   used by the public body to determine finalists among the design

249-14  -build teams submitting proposals pursuant to subsection 2 of

249-15   section 7 of this act and a description of that information;

249-16     (h) A statement that a design-build team whose prime contractor

249-17   holds a certificate of eligibility to receive a preference in bidding on

249-18   public works issued pursuant to NRS 338.147 or section 11 of

249-19   Assembly Bill No. 298 of this session should submit a copy of the

249-20   certificate of eligibility with its proposal;

249-21     (i) A statement as to whether a design-build team that is selected

249-22   as a finalist pursuant to section 7 of this act but is not awarded the

249-23   design-build contract pursuant to section 8 of this act will be

249-24   partially reimbursed for the cost of preparing a final proposal and,

249-25   if so, an estimate of the amount of the partial reimbursement; and

249-26     (j) The date by which preliminary proposals must be submitted to

249-27   the public body, which must not be less than 30 days or more than

249-28   60 days after the date on which the request for preliminary

249-29   proposals is first published in a newspaper pursuant to subsection

249-30   1.

249-31     Sec. 6.  To qualify to participate in a project for the design and

249-32   construction of a public work, a design-build team must:

249-33     1.  Obtain a performance bond and payment bond as required

249-34   pursuant to NRS 339.025;

249-35     2.  Obtain insurance covering general liability and liability for

249-36   errors and omissions;

249-37     3.  Not have been found liable for breach of contract with

249-38   respect to a previous project, other than a breach for legitimate

249-39   cause;

249-40     4.  Not have been disqualified from being awarded a contract

249-41   pursuant to NRS 338.017, 338.145 or 408.333 or section 10 of

249-42   Assembly Bill No. 298 of this session; and

249-43     5.  Ensure that the members of the design-build team possess the

249-44   licenses and certificates required to carry out the functions of their

249-45   respective professions within this state.

249-46     Sec. 11.  NRS 338.143 is hereby amended to read as follows:

249-47     338.143  1.  Except as otherwise provided in subsection 6 and

249-48   NRS 338.1907, a local government that awards a contract for the

249-49   construction, alteration or repair of a public work in accordance with

249-50   paragraph (b) of subsection 1 of section 2 of [this act,] Assembly Bill

249-51   No. 298 of this session, or a public officer, public employee or other

250-1  person responsible for awarding a contract for the construction,

250-2  alteration or repair of a public work who represents that local

250-3   government, shall not:

250-4  (a) Commence such a project for which the estimated cost exceeds

250-5   $100,000 unless it advertises in a newspaper of general circulation in

250-6   this state for bids for the project; or

250-7  (b) Divide such a project into separate portions to avoid the

250-8   requirements of paragraph (a).

250-9  2.  Except as otherwise provided in subsection 6, a local

250-10   government that maintains a list of properly licensed contractors who

250-11   are interested in receiving offers to bid on public works projects for

250-12   which the estimated cost is more than $25,000 but less than $100,000

250-13   shall solicit bids from not more than three of the contractors on the

250-14   list for a contract of that value for the construction, alteration or

250-15   repair of a public work. The local government shall select contractors

250-16   from the list in such a manner as to afford each contractor an equal

250-17   opportunity to bid on a public works project. A properly licensed

250-18   contractor must submit a written request annually to the local

250-19   government to remain on the list. Offers for bids which are made

250-20   pursuant to this subsection must be sent by certified mail.

250-21     3.  Approved plans and specifications for the bids must be on file

250-22   at a place and time stated in the advertisement for the inspection of

250-23   all persons desiring to bid thereon and for other interested persons.

250-24   Contracts for the project must be awarded on the basis of bids

250-25   received.

250-26     4.  Any bids received in response to an advertisement for bids may

250-27   be rejected if the person responsible for awarding the contract

250-28   determines that:

250-29     (a) The bidder is not responsive or responsible;

250-30     (b) The quality of the services, materials, equipment or labor

250-31   offered does not conform to the approved plan or specifications; or

250-32     (c) The public interest would be served by such a rejection.

250-33     5.  Before a local government may commence a project subject to

250-34   the provisions of this section, based upon a determination that the

250-35   public interest would be served by rejecting any bids received in

250-36   response to an advertisement for bids, it shall prepare and make

250-37   available for public inspection a written statement containing:

250-38     (a) A list of all persons, including supervisors, whom the local

250-39   government intends to assign to the project, together with their

250-40   classifications and an estimate of the direct and indirect costs of their

250-41   labor;

250-42     (b) A list of all equipment that the local government intends to use

250-43   on the project, together with an estimate of the number of hours each

250-44   item of equipment will be used and the hourly cost to use each item

250-45   of equipment;

250-46     (c) An estimate of the cost of administrative support for the

250-47   persons assigned to the project;

250-48     (d) An estimate of the total cost of the project; and

250-49     (e) An estimate of the amount of money the local government

250-50   expects to save by rejecting the bids and performing the project itself.

251-1  6.  This section does not apply to:

251-2  (a) Any utility subject to the provisions of chapter 318 or 710 of

251-3   NRS;

251-4  (b) Any work of construction, reconstruction, improvement and

251-5   maintenance of highways subject to NRS 408.323 or 408.327;

251-6  (c) Normal maintenance of the property of a school district; [or]

251-7  (d) The Las Vegas Valley water district created pursuant to chapter

251-8   167, Statutes of Nevada 1947

 [.], the Moapa Valley water district

251-9   created pursuant to chapter 477, Statutes of Nevada 1983 or the

251-10   Virgin Valley water district created pursuant to chapter 100,

251-11   Statutes of Nevada 1993; or

251-12     (e) The design and construction of a public work for which a

251-13   public body contracts with a design-build team pursuant to sections

251-14   2 to 9, inclusive, of this act.

251-15     Sec. 12.  NRS 338.143 is hereby amended to read as follows:

251-16     338.143  1.  Except as otherwise provided in subsection 6, a local

251-17   government that awards a contract for the construction, alteration or

251-18   repair of a public work in accordance with paragraph (b) of

251-19   subsection 1 of section 2 of [this act,] Assembly Bill No. 298 of this

251-20   session, or a public officer, public employee or other person

251-21   responsible for awarding a contract for the construction, alteration or

251-22   repair of a public work who represents that local government, shall

251-23   not:

251-24     (a) Commence such a project for which the estimated cost exceeds

251-25   $100,000 unless it advertises in a newspaper of general circulation in

251-26   this state for bids for the project; or

251-27     (b) Divide such a project into separate portions to avoid the

251-28   requirements of paragraph (a).

251-29     2.  Except as otherwise provided in subsection 6, a local

251-30   government that maintains a list of properly licensed contractors who

251-31   are interested in receiving offers to bid on public works projects for

251-32   which the estimated cost is more than $25,000 but less than $100,000

251-33   shall solicit bids from not more than three of the contractors on the

251-34   list for a contract of that value for the construction, alteration or

251-35   repair of a public work. The local government shall select contractors

251-36   from the list in such a manner as to afford each contractor an equal

251-37   opportunity to bid on a public works project. A properly licensed

251-38   contractor must submit a written request annually to the local

251-39   government to remain on the list. Offers for bids which are made

251-40   pursuant to this subsection must be sent by certified mail.

251-41     3.  Approved plans and specifications for the bids must be on file

251-42   at a place and time stated in the advertisement for the inspection of

251-43   all persons desiring to bid thereon and for other interested persons.

251-44   Contracts for the project must be awarded on the basis of bids

251-45   received.

251-46     4.  Any bids received in response to an advertisement for bids may

251-47   be rejected if the person responsible for awarding the contract

251-48   determines that:

251-49     (a) The bidder is not responsive or responsible;

251-50     (b) The quality of the services, materials, equipment or labor

251-51   offered does not conform to the approved plan or specifications; or

252-1  (c) The public interest would be served by such a rejection.

252-2  5.  Before a local government may commence a project subject to

252-3   the provisions of this section, based upon a determination that the

252-4   public interest would be served by rejecting any bids received in

252-5   response to an advertisement for bids, it shall prepare and make

252-6   available for public inspection a written statement containing:

252-7  (a) A list of all persons, including supervisors, whom the local

252-8   government intends to assign to the project, together with their

252-9   classifications and an estimate of the direct and indirect costs of their

252-10   labor;

252-11     (b) A list of all equipment that the local government intends to use

252-12   on the project, together with an estimate of the number of hours each

252-13   item of equipment will be used and the hourly cost to use each item

252-14   of equipment;

252-15     (c) An estimate of the cost of administrative support for the

252-16   persons assigned to the project;

252-17     (d) An estimate of the total cost of the project; and

252-18     (e) An estimate of the amount of money the local government

252-19   expects to save by rejecting the bids and performing the project itself.

252-20     6.  This section does not apply to:

252-21     (a) Any utility subject to the provisions of chapter 318 or 710 of

252-22   NRS;

252-23     (b) Any work of construction, reconstruction, improvement and

252-24   maintenance of highways subject to NRS 408.323 or 408.327;

252-25     (c) Normal maintenance of the property of a school district; or

252-26     (d) The Las Vegas Valley water district created pursuant to chapter

252-27   167, Statutes of Nevada 1947

 [.], the Moapa Valley water district

252-28   created pursuant to chapter 477, Statutes of Nevada 1983 or the

252-29   Virgin Valley water district created pursuant to chapter 100,

252-30   Statutes of Nevada 1993.

252-31     Sec. 13.  NRS 338.147 is hereby amended to read as follows:

252-32     338.147  1.  [A]

 Except as otherwise provided in NRS 338.143

252-33   and sections 2 to 9, inclusive, of this act, a local government shall

252-34   award a contract for a public work to the contractor who submits the

252-35   best bid.

252-36     2.  Except as otherwise provided in subsection [4] 8 or limited by

252-37   subsection [5,]

 9, for the purposes of this section, a contractor who:

252-38     (a) Has been found to be a responsible and responsive

 contractor

252-39   by the local government; and

252-40     (b) At the time he submits his bid, provides to the local

252-41   government [proof of the payment of:]

 a copy of a certificate of

252-42   eligibility to receive a preference in bidding on public works issued

252-43   to him by the state contractors’ board pursuant to subsection 3,

252-44  shall be deemed to have submitted a better bid than a competing

252-45   contractor who has not provided a copy of such a valid certificate of

252-46   eligibility if the amount of his bid is not more than 5 percent higher

252-47   than the amount bid by the competing contractor.

252-48     3.  The state contractors’ board shall issue a certificate of

252-49   eligibility to receive a preference in bidding on public works to a

252-50   general contractor who is licensed pursuant to the provisions of

253-1  chapter 624 of NRS and submits to the board an affidavit from a

253-2  certified public accountant setting forth that the general contractor

253-3   has:

253-4  (a) Paid:

253-5 

   (1) The sales and use taxes imposed pursuant to chapters 372,

253-6   374 and 377 of NRS on materials used for construction in this state,

253-7   including, without limitation, construction that is undertaken or

253-8   carried out on land within the boundaries of this state that is

253-9   managed by the Federal Government or is on an Indian reservation

253-10   or Indian colony,

 of not less than $5,000 for each consecutive 12

253-11  -month period for 60 months immediately preceding the submission

253-12   of [his bid;]

 the affidavit from the certified public accountant;

253-13          (2) The motor vehicle privilege tax imposed pursuant to chapter

253-14   371 of NRS on the vehicles used in the operation of his business in

253-15   this state

 of not less than $5,000 for each consecutive 12-month

253-16   period for 60 months immediately preceding the submission of [his

253-17   bid;] the affidavit from the certified public accountant; or

253-18          (3) Any combination of such sales and use taxes and motor

253-19   vehicle privilege tax

 [,

253-20  shall be deemed to have submitted a better bid than a competing

253-21   contractor who has not provided proof of the payment of those taxes

253-22   if the amount of his bid is not more than 5 percent higher than the

253-23   amount bid by the competing contractor.

253-24     3.  A contractor who has previously provided the local

253-25   government awarding a contract with the proof of payment required

253-26   pursuant to subsection 2 may update such proof on or before April 1,

253-27   July 1, September 1 and December 1 rather than with each bid.

253-28     4.]

 ; or

253-29     (b) Acquired, by inheritance, gift or transfer through a stock

253-30   option plan for employees, all the assets and liabilities of a viable,

253-31   operating construction firm that possesses a:

253-32          (1) License as a general contractor pursuant to the provisions

253-33   of chapter 624 of NRS; and

253-34          (2) Certificate of eligibility to receive a preference in bidding

253-35   on public works.

253-36     4.  For the purposes of complying with the requirements set

253-37   forth in paragraph (a) of subsection 3, a general contractor shall be

253-38   deemed to have paid:

253-39     (a) Sales and use taxes and motor vehicle privilege taxes paid in

253-40   this state by an affiliate or parent company of the contractor, if the

253-41   affiliate or parent company is also a general contractor; and

253-42     (b) Sales and use taxes paid in this state by a joint venture in

253-43   which the contractor is a participant, in proportion to the amount of

253-44   interest the contractor has in the joint venture.

253-45     5.  A contractor who has received a certificate of eligibility to

253-46   receive a preference in bidding on public works from the state

253-47   contractors’ board pursuant to subsection 3 shall, at the time for

253-48   the annual renewal of his contractors’ license pursuant to NRS

253-49   624.283, submit to the board an affidavit from a certified public

253-50   accountant setting forth that the contractor has, during the

254-1  immediately preceding 12 months, paid the taxes required pursuant

254-2  to paragraph (a) of subsection 3 to maintain his eligibility to hold

254-3   such a certificate.

254-4  6.  A contractor who fails to submit an affidavit to the board

254-5   pursuant to subsection 5 ceases to be eligible to receive a preference

254-6   in bidding on public works unless he reapplies for and receives a

254-7   certificate of eligibility pursuant to subsection 3.

254-8  7.  If a contractor who applies to the state contractors’ board for

254-9   a certificate of eligibility to receive a preference in bidding on

254-10   public works submits false information to the board regarding the

254-11   required payment of taxes, the contractor is not eligible to receive a

254-12   preference in bidding on public works for a period of 5 years after

254-13   the date on which the board becomes aware of the submission of

254-14   the false information.

254-15     8.

  If any federal statute or regulation precludes the granting of

254-16   federal assistance or reduces the amount of that assistance for a

254-17   particular public work because of the provisions of subsection 2,

254-18   those provisions do not apply insofar as their application would

254-19   preclude or reduce federal assistance for that work. The provisions of

254-20   subsection 2 do not apply to any contract for a public work which is

254-21   expected to cost less than $250,000.

254-22     [5.]

 9.  Except as otherwise provided in subsection [6,] 2 of

254-23   section 8 of this act and subsection 2 of section 27 of this act, if a

254-24   bid is submitted by two or more contractors as a joint venture or by

254-25   one of them as a joint venturer, the provisions of subsection 2 apply

254-26   only if both or all of the joint venturers separately meet the

254-27   requirements of that subsection.

254-28     [6.  Except as otherwise provided in subsection 8, if a bid is

254-29   submitted by a joint venture and one or more of the joint venturers

254-30   has responsibility for the performance of the contract as described in

254-31   subsection 7, the provisions of subsection 2 apply only to those joint

254-32   venturers who have such responsibility.

254-33     7.  For the purposes of subsection 6, a joint venturer has

254-34   responsibility for the performance of a contract if he has at least one

254-35   of the following duties or obligations delegated to him in writing in

254-36   the contract creating the joint venture:

254-37     (a) Supplying the labor necessary to perform the contract and

254-38   paying the labor and any related taxes and benefits;

254-39     (b) Supplying the equipment necessary to perform the contract and

254-40   paying any charges related to the equipment;

254-41     (c) Contracting with and making payments to any subcontractors;

254-42   or

254-43     (d) Performing the recordkeeping for the joint venture and making

254-44   any payments to persons who provide goods or services related to the

254-45   performance of the contract.

254-46     8.  The provisions of subsection 6 do not apply to a joint venture

254-47   which is formed for the sole purpose of circumventing any of the

254-48   requirements of this section.]

255-1  10.  The state contractors’ board shall adopt regulations and

255-2  may assess reasonable fees relating to the certification of

255-3   contractors for a preference in bidding on public works.

255-4  11.  A person or entity who believes that a contractor wrongfully

255-5   holds a certificate of eligibility to receive a preference in bidding on

255-6   public works may challenge the validity of the certificate by filing a

255-7   written objection with the public body to which the contractor has

255-8   submitted a bid or proposal on a contract for the completion of a

255-9   public work. A written objection authorized pursuant to this

255-10   subsection must:

255-11     (a) Set forth proof or substantiating evidence to support the belief

255-12   of the person or entity that the contractor wrongfully holds a

255-13   certificate of eligibility to receive a preference in bidding on public

255-14   works; and

255-15     (b) Be filed with the public body at or after the time at which the

255-16   contractor submitted the bid or proposal to the public body and

255-17   before the time at which the public body awards the contract for

255-18   which the bid or proposal was submitted.

255-19     12.  If a public body receives a written objection pursuant to

255-20   subsection 11, the public body shall determine whether the

255-21   objection is accompanied by the proof or substantiating evidence

255-22   required pursuant to paragraph (a) of that subsection. If the public

255-23   body determines that the objection is not accompanied by the

255-24   required proof or substantiating evidence, the public body shall

255-25   dismiss the objection and may proceed immediately to award the

255-26   contract. If the public body determines that the objection is

255-27   accompanied by the required proof or substantiating evidence, the

255-28   public body shall determine whether the contractor qualifies for the

255-29   certificate pursuant to the provisions of this section and may

255-30   proceed to award the contract accordingly.

255-31     Sec. 24.  1.  The department shall advertise for preliminary

255-32   proposals for the design and construction of a project by a design

255-33  -build team at least twice each week for 3 consecutive weeks in:

255-34     (a) A newspaper of general circulation published in each county

255-35   in which the project is proposed to be constructed or, if there is no

255-36   such newspaper, in a newspaper of general circulation in each

255-37   county published in this state; and

255-38     (b) A newspaper of general circulation in this state.

255-39     2.  A request for preliminary proposals published pursuant to

255-40   subsection 1 must include, without limitation:

255-41     (a) A description of the proposed project;

255-42     (b) Separate estimates of the costs of designing and constructing

255-43   the project;

255-44     (c) The dates on which it is anticipated that the separate phases

255-45   of the design and construction of the project will begin and end;

255-46     (d) A statement setting forth the place and time in which a

255-47   design-build team desiring to submit a proposal for the project may

255-48   obtain the information necessary to submit a proposal, including,

255-49   without limitation, the extent to which designs must be completed

255-50   for both preliminary and final proposals and any other

255-51   requirements

256-1  for the design and construction of the project that the department

256-2  determines to be necessary;

256-3  (e) A list of the requirements set forth in section 25 of this act;

256-4  (f) A list of the factors that the department will use to evaluate

256-5   design-build teams who submit a proposal for the project,

256-6   including, without limitation:

256-7     (1) The relative weight to be assigned to each factor; and

256-8     (2) A disclosure of whether the factors that are not related to

256-9   cost are, when considered as a group, more or less important in the

256-10   process of evaluation than the factor of cost;

256-11     (g) Notice that a design-build team desiring to submit a proposal

256-12   for the project must include with its proposal the information used

256-13   by the department to determine finalists among the design-build

256-14   teams submitting proposals pursuant to subsection 2 of section 26

256-15   of this act and a description of that information;

256-16     (h) A statement that a design-build team whose prime contractor

256-17   holds a certificate of eligibility to receive a preference in bidding on

256-18   public works issued pursuant to NRS 338.147 or section 11 of

256-19   Assembly Bill No. 298 of this session should submit a copy of the

256-20   certificate of eligibility with its proposal;

256-21     (i) A statement as to whether a bidding design-build team that is

256-22   selected as a finalist pursuant to section 26 of this act but is not

256-23   awarded the design-build contract pursuant to section 27 of this act

256-24   will be partially reimbursed for the cost of preparing a final

256-25   proposal and, if so, an estimate of the amount of the partial

256-26   reimbursement; and

256-27     (j) The date by which preliminary proposals must be submitted to

256-28   the department, which must not be less than 30 days or more than

256-29   60 days after the date on which the request for preliminary

256-30   proposals is first published in a newspaper pursuant to subsection

256-31   1.

256-32     Sec. 25.  To qualify to participate in the design and construction

256-33   of a project for the department, a design-build team must:

256-34     1.  Obtain a performance bond and payment bond as the

256-35   department may require;

256-36     2.  Obtain insurance covering general liability and liability for

256-37   errors and omissions;

256-38     3.  Not have been found liable for breach of contract with

256-39   respect to a previous project, other than a breach for legitimate

256-40   cause;

256-41     4.  Not have been disqualified from being awarded a contract

256-42   pursuant to NRS 338.017, 338.145 or 408.333 or section 10 of

256-43   Assembly Bill No. 298 of this session; and

256-44     5.  Ensure that the members of the design-build team possess the

256-45   licenses and certificates required to carry out the functions of their

256-46   respective professions within this state.

256-47     Sec. 27.  1.  After selecting the finalists pursuant to section 26

256-48   of this act, the department shall provide to each finalist a request

256-49   for final proposals for the project. The request for final proposals

256-50   must:

257-1  (a) Set forth the factors that the department will use to select a

257-2  design-build team to design and construct the project, including the

257-3   relative weight to be assigned to each factor; and

257-4  (b) Set forth the date by which final proposals must be submitted

257-5   to the department.

257-6  2.  A final proposal submitted by a design-build team pursuant to

257-7   this section must be prepared thoroughly, be responsive to the

257-8   criteria that the department will use to select a design-build team to

257-9   design and construct the project described in subsection 1 and

257-10   comply with the provisions of NRS 338.144. If the cost of

257-11   construction is a factor in the selection of a design-build team, a

257-12   design-build team whose prime contractor has submitted with its

257-13   proposal a certificate of eligibility to receive a preference in bidding

257-14   on public works issued pursuant to NRS 338.147 or section 11 of

257-15   Assembly Bill No. 298 of this session shall be deemed to have

257-16   submitted a better proposal than a competing design-build team

257-17   whose prime contractor has not submitted such a certificate of

257-18   eligibility if the amount proposed by the design-build team is not

257-19   more than 5 percent higher than the amount proposed by the

257-20   competing design-build team.

257-21     3.  At least 30 days after receiving the final proposals for the

257-22   project, the department shall:

257-23     (a) Select the most cost-effective and responsive final proposal,

257-24   using the criteria set forth pursuant to subsection 1; or

257-25     (b) Reject all the final proposals.

257-26     4.  If the department selects a final proposal pursuant to

257-27   paragraph (a) of subsection 3, the department shall hold a public

257-28   meeting to:

257-29     (a) Review and ratify the selection.

257-30     (b) Award the design-build contract to the design-build team

257-31   whose proposal is selected.

257-32     (c) Partially reimburse the unsuccessful finalists if partial

257-33   reimbursement was provided for in the request for preliminary

257-34   proposals pursuant to paragraph (i) of subsection 2 of section 24 of

257-35   this act. The amount of reimbursement must not exceed, for each

257-36   unsuccessful finalist, 3 percent of the total amount to be paid to the

257-37   design-build team as set forth in the design-build contract.

257-38     (d) Make available to the public a summary setting forth the

257-39   factors used by the department to select the successful design-build

257-40   team and the ranking of the design-build teams who submitted final

257-41   proposals. The department shall not release to a third party, or

257-42   otherwise make public, financial or proprietary information

257-43   submitted by a design-build team.

257-44     5.  A contract awarded pursuant to this section must specify:

257-45     (a) An amount that is the maximum amount that the department

257-46   will pay for the performance of all the work required by the

257-47   contract, excluding any amount related to costs that may be

257-48   incurred as a result of unexpected conditions or occurrences as

257-49   authorized by the contract;

258-1  (b) An amount that is the maximum amount that the department

258-2  will pay for the performance of the professional services required by

258-3   the contract; and

258-4  (c) A date by which performance of the work required by the

258-5   contract must be completed.

258-6  6.  A design-build team to whom a contract is awarded pursuant

258-7   to this section shall:

258-8  (a) Assume overall responsibility for ensuring that the design and

258-9   construction of the project is completed in a satisfactory manner;

258-10   and

258-11     (b) Use the work force of the prime contractor on the design

258-12  -build team to construct at least 15 percent of the project.

258-13     Sec. 35.2.  Section 11 of this act is hereby amended to read as

258-14   follows:

258-15        Sec. 11.  NRS 338.143 is hereby amended to read as follows:

258-16        338.143  1.  Except as otherwise provided in subsection 6 and

258-17   NRS 338.1907, a local government that awards a contract for the

258-18   construction, alteration or repair of a public work in accordance

258-19   with paragraph (b) of subsection 1 of section 2 of Assembly Bill

258-20   No. 298 of this session, or a public officer, public employee or

258-21   other person responsible for awarding a contract for the

258-22   construction, alteration or repair of a public work who represents

258-23   that local government, shall not:

258-24        (a) Commence such a project for which the estimated cost

258-25   exceeds $100,000 unless it advertises in a newspaper of general

258-26   circulation in this state for bids for the project; or

258-27        (b) Divide such a project into separate portions to avoid the

258-28   requirements of paragraph (a).

258-29        2.  Except as otherwise provided in subsection 6, a local

258-30   government that maintains a list of properly licensed contractors

258-31   who are interested in receiving offers to bid on public works

258-32   projects for which the estimated cost is more than $25,000 but less

258-33   than $100,000 shall solicit bids from not more than three of the

258-34   contractors on the list for a contract of that value for the

258-35   construction, alteration or repair of a public work. The local

258-36   government shall select contractors from the list in such a manner

258-37   as to afford each contractor an equal opportunity to bid on a public

258-38   works project. A properly licensed contractor must submit a

258-39   written request annually to the local government to remain on the

258-40   list. Offers for bids which are made pursuant to this subsection

258-41   must be sent by certified mail.

258-42        3.  Approved plans and specifications for the bids must be on

258-43   file at a place and time stated in the advertisement for the

258-44   inspection of all persons desiring to bid thereon and for other

258-45   interested persons. Contracts for the project must be awarded on

258-46   the basis of bids received.

258-47        4.  Any bids received in response to an advertisement for bids

258-48   may be rejected if the person responsible for awarding the contract

258-49   determines that:

258-50        (a) The bidder is not responsive or responsible;

259-1  (b) The quality of the services, materials, equipment or labor

259-2  offered does not conform to the approved plan or specifications; or

259-3  (c) The public interest would be served by such a rejection.

259-4  5.  Before a local government may commence a project subject

259-5   to the provisions of this section, based upon a determination that

259-6   the public interest would be served by rejecting any bids received

259-7   in response to an advertisement for bids, it shall prepare and make

259-8   available for public inspection a written statement containing:

259-9  (a) A list of all persons, including supervisors, whom the local

259-10   government intends to assign to the project, together with their

259-11   classifications and an estimate of the direct and indirect costs of

259-12   their labor;

259-13        (b) A list of all equipment that the local government intends to

259-14   use on the project, together with an estimate of the number of

259-15   hours each item of equipment will be used and the hourly cost to

259-16   use each item of equipment;

259-17        (c) An estimate of the cost of administrative support for the

259-18   persons assigned to the project;

259-19        (d) An estimate of the total cost of the project; and

259-20        (e) An estimate of the amount of money the local government

259-21   expects to save by rejecting the bids and performing the project

259-22   itself.

259-23        6.  This section does not apply to:

259-24        (a) Any utility subject to the provisions of chapter 318 or 710 of

259-25   NRS;

259-26        (b) Any work of construction, reconstruction, improvement and

259-27   maintenance of highways subject to NRS 408.323 or 408.327;

259-28        (c) Normal maintenance of the property of a school district; or

259-29        (d) The Las Vegas Valley water district created pursuant to

259-30   chapter 167, Statutes of Nevada 1947, the Moapa Valley water

259-31   district created pursuant to chapter 477, Statutes of Nevada 1983 or

259-32   the Virgin Valley water district created pursuant to chapter 100,

259-33   Statutes of Nevada 1993

 .[; or

259-34        (e) The design and construction of a public work for which a

259-35   public body contracts with a design-build team pursuant to sections

259-36   2 to 9, inclusive, of this act.]

259-37     Sec. 35.6.  Sections 8, 11, 12 and 21 of Assembly Bill No. 298 of

259-38   this session are hereby amended to read as follows:

259-39        Sec. 8.  1.  Except as otherwise provided in subsection 7 and

259-40   NRS 338.1906 and 338.1907, this state, or a local government

259-41   that awards a contract for the construction, alteration or repair

259-42   of a public work in accordance with paragraph (a) of subsection

259-43   1 of section 2 of this act, or a public officer, public employee or

259-44   other person responsible for awarding a contract for the

259-45   construction, alteration or repair of a public work who represents

259-46   the state or the local government, shall not:

259-47        (a) Commence such a project for which the estimated cost

259-48   exceeds $100,000 unless it advertises in a newspaper of general

259-49   circulation in this state for bids for the project; or

260-1  (b) Divide such a project into separate portions to avoid the

260-2  requirements of paragraph (a).

260-3  2.  Except as otherwise provided in subsection 7, a public body

260-4   that maintains a list of properly licensed contractors who are

260-5   interested in receiving offers to bid on public works projects for

260-6   which the estimated cost is more than $25,000 but less than

260-7   $100,000 shall solicit bids from not more than three of the

260-8   contractors on the list for a contract of that value for the

260-9   construction, alteration or repair of a public work. The public

260-10   body shall select contractors from the list in such a manner as to

260-11   afford each contractor an equal opportunity to bid on a public

260-12   works project. A properly licensed contractor must submit a

260-13   written request annually to the public body to remain on the list.

260-14   Offers for bids which are made pursuant to this subsection must

260-15   be sent by certified mail.

260-16        3.  Each advertisement for bids must include a provision that

260-17   sets forth:

260-18        (a) The requirement that a contractor must be qualified

260-19   pursuant to section 5 of this act to bid on the contract or must be

260-20   exempt from meeting such qualifications pursuant to section 6 of

260-21   this act; and

260-22        (b) The period during which an application to qualify as a

260-23   bidder on the contract must be submitted.

260-24        4.  Approved plans and specifications for the bids must be on

260-25   file at a place and time stated in the advertisement for the

260-26   inspection of all persons desiring to bid thereon and for other

260-27   interested persons. Contracts for the project must be awarded on

260-28   the basis of bids received.

260-29        5.  Any bids received in response to an advertisement for bids

260-30   may be rejected if the person responsible for awarding the

260-31   contract determines that:

260-32        (a) The bidder is not a qualified bidder pursuant to section 5 of

260-33   this act, unless the bidder is exempt from meeting such

260-34   qualifications pursuant to section 6 of this act;

260-35        (b) The bidder is not responsive;

260-36        (c) The quality of the services, materials, equipment or labor

260-37   offered does not conform to the approved plan or specifications;

260-38   or

260-39        (d) The public interest would be served by such a rejection.

260-40        6.  Before the state or a local government may commence a

260-41   project subject to the provisions of this section, based upon a

260-42   determination that the public interest would be served by

260-43   rejecting any bids received in response to an advertisement for

260-44   bids, it shall prepare and make available for public inspection a

260-45   written statement containing:

260-46        (a) A list of all persons, including supervisors, whom the state

260-47   or the local government intends to assign to the project, together

260-48   with their classifications and an estimate of the direct and

260-49   indirect costs of their labor;

261-1  (b) A list of all equipment that the state or the local

261-2  government intends to use on the project, together with an

261-3   estimate of the number of hours each item of equipment will be

261-4   used and the hourly cost to use each item of equipment;

261-5  (c) An estimate of the cost of administrative support for the

261-6   persons assigned to the project;

261-7  (d) An estimate of the total cost of the project; and

261-8  (e) An estimate of the amount of money the state or the local

261-9   government expects to save by rejecting the bids and performing

261-10   the project itself.

261-11        7.  This section does not apply to:

261-12        (a) Any utility subject to the provisions of chapter 318 or 710

261-13   of NRS;

261-14        (b) Any work of construction, reconstruction, improvement

261-15   and maintenance of highways subject to NRS 408.323 or

261-16   408.327;

261-17        (c) Normal maintenance of the property of a school district;

261-18        (d) The Las Vegas Valley water district created pursuant to

261-19   chapter 167, Statutes of Nevada 1947, the Moapa Valley water

261-20   district created pursuant to chapter 477, Statutes of Nevada 1983

261-21   or the Virgin Valley water district created pursuant to chapter

261-22   100, Statutes of Nevada 1993; or

261-23        (e) The design and construction of a public work for which a

261-24   public body contracts with a design-build team pursuant to

261-25   sections 2 to 9, inclusive, of Senate Bill No. 475 of this session.

261-26        Sec. 11.  1.  Except as otherwise provided in

 section 8 of this

261-27   act and sections 2 to 9, inclusive, of Senate Bill No. 475 of this

261-28   session, a public body shall award a contract for a public work to

261-29   the contractor who submits the best bid.

261-30        2.  Except as otherwise provided in subsection 8 or limited by

261-31   subsection 9, for the purposes of this section, a contractor who:

261-32        (a) Has been determined

 by the public body to be a qualified

261-33   bidder pursuant to section 5 of this act or is exempt from meeting

261-34   such requirements pursuant to section 6 of this act ; and

261-35        (b) At the time he submits his bid, provides to the public body a

261-36   copy of a certificate of eligibility to receive a preference in bidding

261-37   on public works issued to him by the state contractors’ board

261-38   pursuant to subsection 3,

261-39  shall be deemed to have submitted a better bid than a competing

261-40   contractor who has not provided a copy of such a valid certificate

261-41   of eligibility if the amount of his bid is not more than 5 percent

261-42   higher than the amount bid by the competing contractor.

261-43        3.  The state contractors’ board shall issue a certificate of

261-44   eligibility to receive a preference in bidding on public works to a

261-45   general contractor who is licensed pursuant to the provisions of

261-46   chapter 624 of NRS and submits to the board an affidavit from a

261-47   certified public accountant setting forth that the general contractor

261-48   has:

261-49        (a) Paid:

261-50                 (1) The sales and use taxes imposed pursuant to chapters 372,

261-51   374 and 377 of NRS on materials used for construction in this

261-52   state,

262-1  including, without limitation, construction that is undertaken or

262-2  carried out on land within the boundaries of this state that is

262-3   managed by the Federal Government or is on an Indian reservation

262-4   or Indian colony, of not less than $5,000 for each consecutive 12

262-5  -month period for 60 months immediately preceding the submission

262-6   of the affidavit from the certified public accountant;

262-7         (2) The motor vehicle privilege tax imposed pursuant to

262-8   chapter 371 of NRS on the vehicles used in the operation of his

262-9   business in this state of not less than $5,000 for each consecutive

262-10   12-month period for 60 months immediately preceding the

262-11   submission of the affidavit from the certified public accountant; or

262-12                 (3) Any combination of such sales and use taxes and motor

262-13   vehicle privilege tax; or

262-14        (b) Acquired, by inheritance, gift or transfer through a stock

262-15   option plan for employees, all the assets and liabilities of a viable,

262-16   operating construction firm that possesses a:

262-17                 (1) License as a general contractor pursuant to the provisions

262-18   of chapter 624 of NRS; and

262-19                 (2) Certificate of eligibility to receive a preference in bidding

262-20   on public works.

262-21        4.  For the purposes of complying with the requirements set

262-22   forth in paragraph (a) of subsection 3, a general contractor shall be

262-23   deemed to have paid:

262-24        (a) Sales and use taxes and motor vehicle privilege taxes paid in

262-25   this state by an affiliate or parent company of the contractor, if the

262-26   affiliate or parent company is also a general contractor; and

262-27        (b) Sales and use taxes paid in this state by a joint venture in

262-28   which the contractor is a participant, in proportion to the amount of

262-29   interest the contractor has in the joint venture.

262-30        5.  A contractor who has received a certificate of eligibility to

262-31   receive a preference in bidding on public works from the state

262-32   contractors’ board pursuant to subsection 3 shall, at the time for the

262-33   annual renewal of his contractors’ license pursuant to NRS

262-34   624.283, submit to the board an affidavit from a certified public

262-35   accountant setting forth that the contractor has, during the

262-36   immediately preceding 12 months, paid the taxes required pursuant

262-37   to paragraph (a) of subsection 3 to maintain his eligibility to hold

262-38   such a certificate.

262-39        6.  A contractor who fails to submit an affidavit to the board

262-40   pursuant to subsection 5 ceases to be eligible to receive a

262-41   preference in bidding on public works unless he reapplies for and

262-42   receives a certificate of eligibility pursuant to subsection 3.

262-43        7.  If a contractor who applies to the state contractors’ board for

262-44   a certificate of eligibility to receive a preference in bidding on

262-45   public works submits false information to the board regarding the

262-46   required payment of taxes, the contractor is not eligible to receive a

262-47   preference in bidding on public works for a period of 5 years after

262-48   the date on which the board becomes aware of the submission of

262-49   the false information.

263-1  8.  If any federal statute or regulation precludes the granting of

263-2  federal assistance or reduces the amount of that assistance for a

263-3   particular public work because of the provisions of subsection 2,

263-4   those provisions do not apply insofar as their application would

263-5   preclude or reduce federal assistance for that work. The provisions

263-6   of subsection 2 do not apply to any contract for a public work

263-7   which is expected to cost less than $250,000.

263-8  9.  Except as otherwise provided in subsection 2 of section 8 of

263-9   Senate Bill No. 475 of this session,

 ifa bid is submitted by two or

263-10   more contractors as a joint venture or by one of them as a joint

263-11   venturer, the provisions of subsection 2 apply only if both or all of

263-12   the joint venturers separately meet the requirements of that

263-13   subsection.

263-14        10.  The state contractors’ board shall adopt regulations and

263-15   may assess reasonable fees relating to the certification of

263-16   contractors for a preference in bidding on public works.

263-17        11.  A person or entity who believes that a contractor

263-18   wrongfully holds a certificate of eligibility to receive a preference

263-19   in bidding on public works may challenge the validity of the

263-20   certificate by filing a written objection with the public body to

263-21   which the contractor has submitted a bid or proposal on a contract

263-22   for the construction of a public work. A written objection

263-23   authorized pursuant to this subsection must:

263-24        (a) Set forth proof or substantiating evidence to support the

263-25   belief of the person or entity that the contractor wrongfully holds a

263-26   certificate of eligibility to receive a preference in bidding on public

263-27   works; and

263-28        (b) Be filed with the public body at or after the time at which the

263-29   contractor submitted the bid or proposal to the public body and

263-30   before the time at which the public body awards the contract for

263-31   which the bid or proposal was submitted.

263-32        12.  If a public body receives a written objection pursuant to

263-33   subsection 11, the public body shall determine whether the

263-34   objection is accompanied by the proof or substantiating evidence

263-35   required pursuant to paragraph (a) of that subsection. If the public

263-36   body determines that the objection is not accompanied by the

263-37   required proof or substantiating evidence, the public body shall

263-38   dismiss the objection and may proceed immediately to award the

263-39   contract. If the public body determines that the objection is

263-40   accompanied by the required proof or substantiating evidence, the

263-41   public body shall determine whether the contractor qualifies for the

263-42   certificate pursuant to the provisions of this section and may

263-43   proceed to award the contract accordingly.

263-44        Sec. 12.  NRS 338.010 is hereby amended to read as follows:

263-45        338.010  As used in this chapter:

263-46        1.  “Day labor” means all cases where public bodies, their

263-47   officers, agents or employees, hire, supervise and pay the wages

263-48   thereof directly to a workman or workmen employed by them on

263-49   public works by the day and not under a contract in writing.

263-50        2.  “Eligible bidder” means a person who is [found] :

264-1  (a) Found to be a responsible and responsive contractor by a

264-2  [public body]

 local government which requests bids for a public

264-3   work[.]

 in accordance with paragraph (b) of subsection 1 of

264-4   section 2 of this act; or

264-5  (b) Determined by a public body which awarded a contract for

264-6   a public work pursuant to sections 3 to 11, inclusive, of this act,

264-7   to be qualified to bid on that contract pursuant to section 5 of this

264-8   act or was exempt from meeting such qualifications pursuant to

264-9   section 6 of this act.

264-10        3.  “Local government” means every political subdivision or

264-11   other entity which has the right to levy or receive money from ad

264-12   valorem or other taxes or any mandatory assessments, and

264-13   includes, without limitation, counties, cities, towns, boards,

264-14   school districts and other districts organized pursuant to chapters

264-15   244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550

264-16   to 450.750, inclusive, and any agency or department of a county

264-17   or city which prepares a budget separate from that of the parent

264-18   political subdivision.

264-19        4.

  “Offense” means failing to:

264-20        (a) Pay the prevailing wage required pursuant to this chapter;

264-21        (b) Pay the contributions for unemployment compensation

264-22   required pursuant to chapter 612 of NRS; or

264-23        (c) Provide and secure compensation for employees required

264-24   pursuant to chapters 616A to 617, inclusive, of NRS.

264-25        [4]

 5. “Prime contractor” means a person who:

264-26        (a) Contracts to complete an entire project;

264-27        (b) Coordinates all work performed on the entire project;

264-28        (c) Uses his own work force to perform all or a part of the

264-29   construction, repair or reconstruction of the project; and

264-30        (d) Contracts for the services of any subcontractor or

264-31   independent contractor or is responsible for payment to any

264-32   contracted subcontractors or independent contractors.

264-33        [5.]

 6.  “Public body” means the state, county, city, town,

264-34   school district or any public agency of this state or its political

264-35   subdivisions sponsoring or financing a public work.

264-36        [6.]

 7.  “Public work” means any project for the new

264-37   construction, repair or reconstruction of:

264-38        (a) A project financed in whole or in part from public money

264-39   for:

264-40                 (1) Public buildings;

264-41                 (2) Jails and prisons;

264-42                 (3) Public roads;

264-43                 (4) Public highways;

264-44                 (5) Public streets and alleys;

264-45                 (6) Public utilities which are financed in whole or in part by

264-46   public money;

264-47                 (7) Publicly owned water mains and sewers;

264-48                 (8) Public parks and playgrounds;

264-49                 (9) Public convention facilities which are financed at least in

264-50   part with public funds; and

265-1         (10) [All]

 Any other publicly owned works and property

265-2  whose cost as a whole exceeds $20,000. Each separate unit that is a

265-3   part of a project is included in the cost of the project to determine

265-4   whether a project meets that threshold.

265-5  (b) A building for the University and Community College

265-6   System of Nevada of which 25 percent or more of the costs of the

265-7   building as a whole are paid from money appropriated by [the]this

265-8   state or from

 federal money.

265-9  [7.]

 8.  “Wages” means:

265-10        (a) The basic hourly rate of pay; and

265-11        (b) The amount of pension, health and welfare, vacation and

265-12   holiday pay, the cost of apprenticeship training or other similar

265-13   programs or other bona fide fringe benefits which are a benefit to

265-14   the workman.

265-15        [8.]

 9.  “Workman” means a skilled mechanic, skilled

265-16   workman, semiskilled mechanic, semiskilled workman or unskilled

265-17   workman. The term does not include a “design professional” as

265-18   that term is defined in NRS 338.155.

265-19        Sec. 21.  1.  This section and sections 2 to 8, inclusive, 10 to

265-20   14, inclusive, [and] 16 to [20,]19,

 inclusive,and 20 of this act

265-21   become effective on October 1, 1999.

265-22        2.  Sections [9] 19.2

 and19.6 of this act become effective on

265-23   October 1, 2003.

265-24        3.  Section 19.4 of this act becomes effective on May 1, 2013.

265-25        4.  Section

 15 of this act [become]becomes effective at 12:01

265-26   a.m. on May 1, 2013.

265-27        [3.  Sections 8,]

265-28        5.  Sections 14, 18 and 19 of this act expire by limitation on

265-29   May 1, 2013.

265-30     Sec. 35.8.  Section 4 of Senate Bill No. 144 of this session is

265-31   hereby amended to read as follows:

265-32        Sec. 4.  “Contractor” means [a]

 :

265-33 

      1.  A person who:

265-34 

      [1.](a) Is licensed pursuant to the provisions of chapter 624 of

265-35   NRS or performs such work that he is not required to be licensed

265-36   pursuant to chapter 624 of NRS; and

265-37 

      [2.](b) Contracts with a public body to provide labor, materials

265-38   or services for a public work.

265-39        2.  A design-build team that contracts with a public body to

265-40   design and construct a public work pursuant to sections 2 to 9,

265-41   inclusive, of Senate Bill No. 475 of this session.

265-42     Sec. 36.  1.  NRS 341.171 [and section] is hereby repealed.

265-43     2.  Section

 9 of Assembly Bill No. 298 of this session [are]is

265-44 

 hereby repealed.

265-45     3.  Sections 1 and 2 of chapter 326, Statutes of Nevada 1999, at

265-46   pages 1360 and 1362, respectively, sections 1 and 2 of chapter 390,

265-47   Statutes of Nevada 1999, at pages 1849 and 1850, respectively, and

265-48   section 34 of chapter 429, Statutes of Nevada 1999, at page 1991,

265-49   are hereby repealed.

266-1  Sec. 38.  1.  This section and sections 35.4 ,

 [and] 35.6 and 35.9

266-2  of this act , and subsection 3 of section 36 of this act,

 become

266-3   effective on September 30, 1999.

266-4  2.  Subsection 2 of section 36 of this act becomes effective on

266-5 

 October 1, 1999.

266-6 

[2.]3.  Sections 1 to 9, inclusive, 14 to 35, inclusive, [36] and 37

266-7 

 of this act , and subsection 1 of section 36 of this act, become

266-8   effective on October 1, 1999, and expire by limitation on October 1,

266-9   2003.

266-10     [3.] 4.  Section 13 of this act becomes effective at 12:01 a.m. on

266-11   October 1, 1999.

266-12     5.  Sections 10

 [, 13] and 35.8 of this act become effective at

266-13   12:01 a.m. on October 1, 1999, and expire by limitation on October

266-14   1, 2003.

266-15 

   [4.]6.  Section 11 of this act becomes effective at 12:01 a.m. on

266-16   October 1, 1999, and expires by limitation on May 1, 2013.

266-17     [5.] 7.  Section 13.5 of this act becomes effective [at 12:01 a.m.]

266-18   on October 1, 2003.

266-19     [6.] 8.  Section 35.2 of this act becomes effective [at 12:01 a.m.]

266-20   on October 1, 2003 and expires by limitation on May 1, 2013.

266-21     [7.] 9.  Section 12 of this act becomes effective at 12:02 a.m. on

266-22   May 1, 2013.

266-23     2.  Chapter 627, Statutes of Nevada 1999, at page 3503, is hereby

266-24   amended by adding thereto a new section to be designated as section 35.9,

266-25   immediately following section 35.8, to read as follows:

266-26     Sec. 35.9.  Section 4 of chapter 326, Statutes of Nevada 1999, at

266-27   page 1364, is hereby amended to read as follows:

266-28        Sec. 4.  [1.]  This section and [sections 1 and] section 3 of this

266-29   act become effective on October 1, 1999.

266-30        [2.  Section 2 of this act becomes effective at 12:01 a.m. on

266-31   May 1, 2013.

266-32        3.  Section 1 of this act expires by limitation on May 1, 2013.]

266-33     Sec. 135.  Sections 6, 24, 25 and 27 of chapter 631, Statutes of Nevada

266-34   1999, at pages 3521, 3529, 3531 and 3532, respectively, are hereby

266-35   amended to read respectively as follows:

266-36     Sec. 6.  NRS 200.50986 is hereby amended to read as follows:

266-37     200.50986  The local office of the aging services division of the

266-38   department of human resources or the county’s office for protective

266-39   services may petition a court in accordance with NRS 159.185 or

266-40   159.1905 for the removal of the guardian of an older person, or the

266-41   termination or modification of that guardianship, if, based on its

266-42   investigation, the aging services division or the county’s office of

266-43   protective services has [reason]

 reasonable cause to believe that the

266-44   guardian is abusing, neglecting, exploiting or isolating the older

266-45   person in violation of NRS 200.5095 to 200.50995, inclusive

 [.] , and

266-46   section 1 of this act.

266-47     Sec. 24.  NRS 432B.290 is hereby amended to read as follows:

266-48     432B.290  1.  Except as otherwise provided in subsections 2, 5

266-49   and 6, data or information concerning reports and investigations

266-50   thereof made pursuant to this chapter may be made available only to:

267-1  (a) A physician [who] , if the physician

 has before him a child who

267-2  he [reasonably believes may have] has reasonable cause to believe

267-3   has been abused or neglected;

267-4  (b) A person authorized to place a child in protective custody, if

267-5   [he] the person

 has before him a child who he[reasonably believes

267-6   may have] has reasonable cause to believe has

 been abused or

267-7   neglected and [he] the person

 requires the information to determine

267-8   whether to place the child in protective custody;

267-9  (c) An agency, including, without limitation, an agency in another

267-10   jurisdiction, responsible for or authorized to undertake the care,

267-11   treatment or supervision of:

267-12          (1) The child; or

267-13          (2) The person responsible for the welfare of the child;

267-14     (d) A district attorney or other law enforcement officer who

267-15   requires the information in connection with an investigation or

267-16   prosecution of the abuse or neglect of a child;

267-17     (e) A court, for in camera inspection only, unless the court

267-18   determines that public disclosure of the information is necessary for

267-19   the determination of an issue before it;

267-20     (f) A person engaged in bona fide research or an audit, but

267-21   information identifying the subjects of a report must not be made

267-22   available to him;

267-23     (g) The attorney and the guardian ad litem of the child;

267-24     (h) A grand jury upon its determination that access to these records

267-25   is necessary in the conduct of its official business;

267-26     (i) A federal, state or local governmental entity, or an agency of

267-27   such an entity, that needs access to the information to carry out its

267-28   legal responsibilities to protect children from abuse and neglect;

267-29     (j) A person or an organization that has entered into a written

267-30   agreement with an agency which provides protective services to

267-31   provide assessments or services and that has been trained to make

267-32   such assessments or provide such services;

267-33     (k) A team organized pursuant to NRS 432B.350 for the protection

267-34   of a child;

267-35     (l) A team organized pursuant to NRS 432B.405 to review the

267-36   death of a child;

267-37     (m) A parent or legal guardian of the child, if the identity of the

267-38   person responsible for reporting the alleged abuse or neglect of the

267-39   child to a public agency is kept confidential;

267-40     (n) The persons who are the subject of a report;

267-41     (o) An agency that is authorized by law to license foster homes or

267-42   facilities for children or to investigate persons applying for approval

267-43   to adopt a child, if the agency has before it an application for that

267-44   license or is investigating an applicant to adopt a child;

267-45     (p) Upon written consent of the parent, any officer of this state or a

267-46   city or county thereof or legislator authorized by the agency or

267-47   department having jurisdiction or by the legislature, acting within its

267-48   jurisdiction, to investigate the activities or programs of an agency that

267-49   provides protective services if:

268-1     (1) The identity of the person making the report is kept

268-2  confidential; and

268-3     (2) The officer, legislator or a member of his family is not the

268-4   person alleged to have committed the abuse or neglect;

268-5  (q) The division of parole and probation of the department of

268-6   motor vehicles and public safety for use pursuant to NRS 176.135 in

268-7   making a presentence investigation and report to the district court or

268-8   pursuant to section 3 of [this act] Senate Bill No. 148 of this session

268-9 

 in making a general investigation and report;

268-10     (r) Any person who is required pursuant to NRS 432B.220 to make

268-11   a report to an agency which provides protective services or to a law

268-12   enforcement agency;

268-13     (s) The rural advisory board to expedite proceedings for the

268-14   placement of children created pursuant to section 13 of Assembly Bill

268-15   No. 158 of this session or a local advisory board to expedite

268-16   proceedings for the placement of children created pursuant to section

268-17   14 of Assembly Bill No. 158 of this session; or

268-18     (t) The panel established pursuant to section 17 of Assembly Bill

268-19   No. 158 of this session to evaluate agencies which provide protective

268-20   services.

268-21     2.  Except as otherwise provided in subsection 3, data or

268-22   information concerning reports and investigations thereof made

268-23   pursuant to this chapter may be made available to any member of the

268-24   general public if the child who is the subject of a report dies or is

268-25   critically injured as a result of alleged abuse or neglect, except that

268-26   the data or information which may be disclosed is limited to:

268-27     (a) The fact that a report of abuse or neglect has been made and, if

268-28   appropriate, a factual description of the contents of the report;

268-29     (b) Whether an investigation has been initiated pursuant to NRS

268-30   432B.260, and the result of a completed investigation; and

268-31     (c) Such other information as is authorized for disclosure by a

268-32   court pursuant to subsection 4.

268-33     3.  An agency which provides protective services shall not

268-34   disclose data or information pursuant to subsection 2 if the agency

268-35   determines that the disclosure is not in the best interests of the child

268-36   or if disclosure of the information would adversely affect any

268-37   pending investigation concerning a report.

268-38     4.  Upon petition, a court of competent jurisdiction may authorize

268-39   the disclosure of additional information to the public pursuant to

268-40   subsection 2 if good cause is shown by the petitioner for the

268-41   disclosure of the additional information.

268-42     5.  An agency investigating a report of the abuse or neglect of a

268-43   child shall, upon request, provide to a person named in the report as

268-44   allegedly causing the abuse or neglect of the child:

268-45     (a) A copy of:

268-46          (1) Any statement made in writing to an investigator for the

268-47   agency by the person named in the report as allegedly causing the

268-48   abuse or neglect of the child; or

269-1     (2) Any recording made by the agency of any statement made

269-2  orally to an investigator for the agency by the person named in the

269-3   report as allegedly causing the abuse or neglect of the child; or

269-4  (b) A written summary of the allegations made against the person

269-5   who is named in the report as allegedly causing the abuse or neglect

269-6   of the child. The summary must not identify the person responsible

269-7   for reporting the alleged abuse or neglect.

269-8  6.  An agency which provides protective services shall disclose the

269-9   identity of a person who makes a report or otherwise initiates an

269-10   investigation pursuant to this chapter if a court, after reviewing the

269-11   record in camera and determining that there is reason to believe that

269-12   the person knowingly made a false report, orders the disclosure.

269-13     7.  Any person, except for:

269-14     (a) The subject of a report;

269-15     (b) A district attorney or other law enforcement officer initiating

269-16   legal proceedings; or

269-17     (c) An employee of the division of parole and probation of the

269-18   department of motor vehicles and public safety making a presentence

269-19   investigation and report to the district court pursuant to NRS 176.135

269-20   or making a general investigation and report pursuant to section 3 of

269-21   [this act,]

 Senate Bill No. 148 of this session,

269-22  who is given access, pursuant to subsection 1 or 2, to information

269-23   identifying the subjects of a report and who makes this information

269-24   public is guilty of a misdemeanor.

269-25     8.  The division of child and family services shall adopt

269-26   regulations to carry out the provisions of this section.

269-27     Sec. 25.  Section 21 of chapter 435, Statutes of Nevada 1999, at

269-28   page 2035, is hereby amended to read as follows:

269-29        Sec. 21.  NRS 432B.290 is hereby amended to read as follows:

269-30        432B.290  1.  Except as otherwise provided in [subsection 2,]

269-31   subsections 2 and 3, data or information concerning reports and

269-32   investigations thereof made pursuant to this chapter may be made

269-33   available only to:

269-34        (a) A physician [who] , if the physician

 has before him a child

269-35   who he [reasonably believes may have] has reasonable cause to

269-36   believe has

 been abused or neglected;

269-37        (b) A person authorized to place a child in protective custody, if

269-38   [he] the person

 has before him a child who he [reasonably believes

269-39   may have] has reasonable cause to believe has

 been abused or

269-40   neglected and [he] the person

 requires the information to

269-41   determine whether to place the child in protective custody;

269-42        (c) An agency, including, without limitation, an agency in

269-43   another jurisdiction, responsible for or authorized to undertake the

269-44   care, treatment or supervision of:

269-45                 (1) The child; or

269-46                 (2) The person responsible for the welfare of the child;

269-47        (d) A district attorney or other law enforcement officer who

269-48   requires the information in connection with an investigation or

269-49   prosecution of the

 abuse or neglect of a child;

270-1  (e) A court, for in camera inspection only, unless the court

270-2  determines that public disclosure of the information is necessary for

270-3   the determination of an issue before it;

270-4  (f) A person engaged in bona fide research or an audit, but

270-5   information identifying the subjects of a report must not be made

270-6   available to him;

270-7  (g) The attorney and the

 guardian ad litem of the child;

270-8  (h) A grand jury upon its determination that access to these

270-9   records is necessary in the conduct of its official business;

270-10        (i) [An agency which provides protective services or which is

270-11   authorized to receive, investigate and evaluate reports of abuse or

270-12   neglect of a child;] A federal, state or local governmental entity,

270-13   or an agency of such an entity, that needs access to the

270-14   information to carry out its legal responsibilities to protect

270-15   children from abuse and neglect;

270-16        (j) A team organized pursuant to NRS 432B.350

 for the

270-17   protection of a child ; [pursuant to NRS 432B.350;]

270-18        (k) A team organized pursuant to NRS 432B.405 to review the

270-19   death of a child;

270-20        (l) A parent or legal guardian of the child, if the identity of the

270-21   person responsible for reporting the alleged abuse or neglect of the

270-22   child to a public agency is kept confidential;

270-23        [(l) The person named in the report as allegedly being abused or

270-24   neglected, if he is not a minor or otherwise legally incompetent;]

270-25        (m) The persons who are the subject of a report;

270-26        (n) An agency that is authorized by law to license foster homes

270-27   or facilities for children or to investigate persons applying for

270-28   approval to adopt a child, if the agency has before it an application

270-29   for that license or is investigating an applicant to adopt a child;

270-30        [(n)]

 (o) Upon written consent of the parent, any officer of this

270-31   state or a city or county thereof or legislator authorized, by the

270-32   agency or department having jurisdiction or by the legislature,

270-33   acting within its jurisdiction, to investigate the activities or

270-34   programs of an agency that provides protective services if:

270-35                 (1) The identity of the person making the report is kept

270-36   confidential; and

270-37                 (2) The officer, legislator or a member of his family is not the

270-38   person alleged to have committed the abuse or neglect; [or

270-39        (o)]

 (p) The division of parole and probation of the department

270-40   of motor vehicles and public safety for use pursuant to NRS

270-41   176.135 in making a presentence investigation and report to the

270-42   district court

 [.] or pursuant to section 3 of Senate Bill No. 148 of

270-43   this session in making a general investigation and report;

270-44        (q) The rural advisory board to expedite proceedings for the

270-45   placement of children created pursuant to section 13 of this act

270-46   or a local advisory board to expedite proceedings for the

270-47   placement of children created pursuant to section 14 of this act;

270-48   or

270-49        (r) The panel established pursuant to section 17 of this act to

270-50   evaluate agencies which provide protective services.

271-1  2.  An agency investigating a report of the abuse or neglect of a

271-2  child shall, upon request, provide to a person named in the report as

271-3   allegedly causing the abuse or neglect of the child:

271-4  (a) A copy of:

271-5         (1) Any statement made in writing to an investigator for the

271-6   agency by the person named in the report as allegedly causing the

271-7   abuse or neglect of the child; or

271-8         (2) Any recording made by the agency of any statement made

271-9   orally to an investigator for the agency by the person named in the

271-10   report as allegedly causing the abuse or neglect of the child; or

271-11        (b) A written summary of the allegations made against the

271-12   person who is named in the report as allegedly causing the abuse or

271-13   neglect of the child. The summary must not identify the person

271-14   responsible for reporting the alleged abuse or neglect.

271-15        3.  An agency which provides protective services shall disclose

271-16   the identity of a person who makes a report or otherwise initiates

271-17   an investigation pursuant to this chapter if a court, after

271-18   reviewing the record in camera and determining that there is

271-19   reason to believe that the person knowingly made a false report,

271-20   orders the disclosure.

271-21        4.

  Any person, except for:

271-22        (a) The subject of a report;

271-23        (b) A district attorney or other law enforcement officer initiating

271-24   legal proceedings; or

271-25        (c) An employee of the division of parole and probation of the

271-26   department of motor vehicles and public safety making a

271-27   presentence investigation and report to the district court pursuant

271-28   to NRS 176.135

 [,] or making a general investigation and report

271-29   pursuant to section 3 of Senate Bill No. 148 of this session,

271-30  who is given access, pursuant to subsection 1, to information

271-31   identifying the subjects of a report and who makes this information

271-32   public is guilty of a misdemeanor.

271-33        [4.]

 5.  The division of child and family services shall adopt

271-34   regulations to carry out the provisions of this section.

271-35     Sec. 27.  1.  This section and sections 1 to [24,] 23,

 inclusive,

271-36   and 26 of this act become effective on October 1, 1999.

271-37     2.  Section 24 of this act becomes effective at 12:01 a.m. on

271-38   October 1, 1999, and

 expires by limitation on June 30, 2001.

271-39     3.  Section 25 of this act becomes effective on July 1, 2001.

271-40     Sec. 136.  Sections 4, 26, 27, 29 and 44 of chapter 637, Statutes of

271-41   Nevada 1999, at pages 3547, 3556, 3557, 3559 and 3567, respectively, are

271-42   hereby amended to read respectively as follows:

271-43     Sec. 4.  NRS 293.165 is hereby amended to read as follows:

271-44     293.165  1.  Except as otherwise provided in NRS 293.166, a

271-45   vacancy occurring in a major or minor political party nomination for

271-46   a partisan office may be filled by a candidate designated by the party

271-47   central committee of the county or state, as the case may be, subject

271-48   to the provisions of subsections 4 and 5.

271-49     2.  A vacancy occurring in a nonpartisan nomination after the

271-50   close of filing and on or before the second Tuesday in August must

271-51   be

272-1  filled by filing a nominating petition that is signed by registered voters

272-2  of the state, county, district or municipality who may vote for the

272-3   office in question. The number of registered voters who sign the

272-4   petition must not be less than 1 percent of the number of persons who

272-5   voted for the office in question in the state, county, district or

272-6   municipality at the last preceding general election. The petition must

272-7   be filed not earlier than the first Tuesday in June and not later than

272-8   the fourth Tuesday in August.The petition may consist of more than

272-9   one document. Each document must bear the name of one county and

272-10   must not be signed by a person who is not a registered voter of that

272-11   county. Each document of the petition must be submitted for

272-12   verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the

272-13   county clerk of the county named on the document. A candidate

272-14   nominated pursuant to the provisions of this subsection:

272-15     (a) Must file a declaration of candidacy or acceptance of candidacy

272-16   and pay the statutory filing fee on or before the date the petition is

272-17   filed; and

272-18     (b) May be elected only at a general election and his name must

272-19   not appear on the ballot for a primary election.

272-20     3.  A vacancy occurring in a nonpartisan nomination after the

272-21   second Tuesday in August and on orbefore the second Tuesday in

272-22   September must be filled by the person who receives the next highest

272-23   vote for the nomination in the primary.

272-24     4.  No change may be made on the ballot after the second Tuesday

272-25   in September of the year in which the general election is held. If a

272-26   nominee dies after that date, his name must remain on the ballot and,

272-27   if elected, a vacancy exists.

272-28     5.  All designations provided for in this section must be filed

272-29   before 5 p.m. on the second Tuesday in September. In each case, the

272-30   statutory filing fee must be paid and an acceptance of the designation

272-31   must be filed before 5 p.m. on the date the designation is filed.

272-32     Sec. 26.  NRS 294A.120 is hereby amended to read as follows:

272-33     294A.120  1.  Every candidate for state, district, county or

272-34   township office at a primary or general election shall, not later than:

272-35     (a) Seven days before the primary election, for the period from 30

272-36   days before the regular session of the legislature after the last election

272-37   for that office up to 12days before the primary election;

272-38     (b) Seven days before the general election, whether or not the

272-39   candidate won the primary election, for the period from 12 days

272-40   before the primary election up to 12 days before the general election;

272-41   and

272-42     (c) The 15th day of the second month after the general election, for

272-43   the remaining period up to 30 days before the next regular session of

272-44   the legislature,

272-45  list each of the campaign contributions he receives during the period

272-46   on forms designed and provided by the secretary of state and signed

272-47   by the candidate under penalty of perjury.

272-48     2.  Except as otherwise provided in subsection 3, every candidate

272-49   for a district office at a special election shall, not later than:

273-1  (a) Seven days before the special election, for the period from his

273-2  nomination up to 12days before the special election; and

273-3  (b) Thirty days after the special election, for the remaining period

273-4   up to the special election,

273-5  list each of the campaign contributions he receives during the period

273-6   on forms designed and provided by the secretary of state and signed

273-7   by the candidate under penalty of perjury.

273-8  3.  Every candidate for state, district, county, municipal or

273-9   township office at a special election to determine whether a public

273-10   officer will be recalled shall list each of the campaign contributions

273-11   he receives on forms designed and provided by the secretary of state

273-12   and signed by the candidate under penalty of perjury, 30 days after

273-13   [the] :

273-14     (a) The special election, for the period from the filing of the notice

273-15   of intent to circulate the petition for recall up to the special election

273-16 

 [.]; or

273-17     (b) A district court determines that the petition for recall is

273-18   legally insufficient pursuant to subsection 5 of NRS 306.040, for

273-19   the period from the filing of the notice of intent to circulate the

273-20   petition for recall up to the date of the district court’s decision.

273-21     4.  Reports of campaign contributions must be filed with the

273-22   officer with whom the candidate filed the declaration of candidacy or

273-23   acceptance of candidacy. A candidate may mail the report to that

273-24   officer by certified mail. If certified mail is used, the date of mailing

273-25   shall be deemed the date of filing.

273-26     5.  Every county clerk who receives from candidates for

273-27   legislative or judicial office, except the office of justice of the peace

273-28   or municipal judge, reports of campaign contributions pursuant to

273-29   subsection 4shall file a copy of each report with the secretary of state

273-30   within 10 working days after he receives the report.

273-31     6.  The name and address of the contributor and the date on which

273-32   the contribution was received must be included on the list for each

273-33   contribution in excess of $100 and contributions which a contributor

273-34   has made cumulatively in excess of that amount since the beginning

273-35   of the first reporting period. The form designed and provided by the

273-36   secretary of state for the reporting of contributions pursuant to this

273-37   section must be designed to be used by a candidate to record in the

273-38   form of a list each campaign contribution as he receives it.

273-39     Sec. 27.  NRS 294A.125 is hereby amended to read as follows:

273-40     294A.125  1.  In addition to complying with the requirements set

273-41   forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who

273-42   receives contributions in any year before the year in which the

273-43   general election or general city election in which the candidate

273-44   intends to seek election to public office is held, shall, [not later than

273-45   December 31 of:] for:

273-46     (a) The year in which he receives contributions in excess of

273-47   $10,000, list each of the contributions he receives [during the period.]

273-48 

 and expenditures made in that year.

273-49     (b) Each year after the year in which he received contributions in

273-50   excess of $10,000, until the year of the general election or general

273-51   city election in which the candidate intends to seek election to public

274-1  office is held, list each of the contributions received and the

274-2  expenditures made in that year.

274-3  2.  The reports required by subsection 1 must be submitted on a

274-4   form designed and provided by the secretary of state and signed by

274-5   the candidate under penalty of perjury.

274-6  3.  The name and address of the contributor and the date on which

274-7   the contribution was received must be included on the list for each

274-8   contribution in excess of $100 and contributions that a contributor

274-9   has made cumulatively in excess of that amount. The forms designed

274-10   and provided by the secretary of state for the reporting of

274-11   contributions and expenditures pursuant to this section must be

274-12   designed to be used by a candidate to record in the form of a list each

274-13   campaign contribution as he receives it and each expenditure as it is

274-14   made.

274-15     4.  The report must be filed[with the secretary of state.] :

274-16     (a) With the officer with whom the candidate will file the

274-17   declaration of candidacy or acceptance of candidacy for the public

274-18   office the candidate intends to seek. A candidate may mail the

274-19   report to that officer by certified mail. If certified mail is used, the

274-20   date of mailing shall be deemed the date of filing.

274-21     (b) On or before January 15 of the year immediately after the

274-22   year for which the report is made.

274-23     5.  A county clerk who receives from a candidate for legislative

274-24   or judicial office, except the office of justice of the peace or

274-25   municipal judge, a report of contributions and expenditures

274-26   pursuant to subsection 4 shall file a copy of the report with the

274-27   secretary of state within 10 working days after he receives the

274-28   report.

274-29     Sec. 29.  NRS 294A.200 is hereby amended to read as follows:

274-30     294A.200  1.  Every candidate for state, district, county or

274-31   township office at a primary or general election shall, not later than:

274-32     (a) Seven days before the primary election, for the period from 30

274-33   days before the regular session of the legislature after the last election

274-34   for that office up to 12 days before the primary election;

274-35     (b) Seven days before the general election, whether or not the

274-36   candidate won the primary election, for the period from 12 days

274-37   before the primary election up to 12 days before the general election;

274-38   and

274-39     (c) The 15th day of the second month after the general election, for

274-40   the remaining period up to 30 days before the next regular session of

274-41   the legislature,

274-42  list each of the campaign expenses he incurs during the period on

274-43   forms designed and provided by the secretary of state and signed by

274-44   the candidate under penalty of perjury.

274-45     2.  Except as otherwise provided in subsection 3, every candidate

274-46   for a district office at a special election shall, not later than:

274-47     (a) Seven days before the special election, for the period from his

274-48   nomination up to 12 days before the special election; and

274-49     (b) Sixty days after the special election, for the remaining period

274-50   up to 30 days after the special election,

275-1  list each of the campaign expenses he incurs during the period on

275-2  forms designed and provided by the secretary of state and signed by

275-3   the candidate under penalty of perjury.

275-4  3.  Every candidate for state, district, county, municipal or

275-5   township office at a special election to determine whether a public

275-6   officer will be recalled shall list the campaign expenses he incurs on

275-7   forms designed and provided by the secretary of state and signed by

275-8   the candidate under penalty of perjury, 60 days after [the] :

275-9  (a) The special election, for the period from the filing of the notice

275-10   of intent to circulate the petition for recall up to 30 days after the

275-11   special election

 [.] ; or

275-12     (b) A district court determines that the petition for recall is

275-13   legally insufficient pursuant to subsection 5 of NRS 306.040, for

275-14   the period from the filing of the notice of intent to circulate the

275-15   petition for recall up to the date of the district court’s decision.

275-16     4.  Reports of campaign expenses must be filed with the officer

275-17   with whom the candidate filed the declaration of candidacy or

275-18   acceptance of candidacy. A candidate may mail the report to that

275-19   officer by certified mail. If certified mail is used, the date of mailing

275-20   shall be deemed the date of filing.

275-21     5.  County clerks who receive from candidates for legislative or

275-22   judicial office, except the office of justice of the peace or municipal

275-23   judge, reports of campaign expenses pursuant to subsection 4 shall

275-24   file a copy of each report with the secretary of state within 10

275-25   working days after he receives the report.

275-26     6.  The forms designed and provided by the secretary of state for

275-27   the reporting of campaign expenses pursuant to this section must be

275-28   designed to be used by a candidate to record in the form of a list each

275-29   campaign expense as he incurs it.

275-30     Sec. 44.  Sections 4, 6 to 9, inclusive, 13 and 41 of this act

275-31   become effective at 12:01 a.m. on October 1, 1999.

275-32     Sec. 137.  Section 3 of chapter 638, Statutes of Nevada 1999, at page

275-33   3568, is hereby amended to read as follows:

275-34     Sec. 3.  NRS 201.020 is hereby amended to read as follows:

275-35     201.020  1.  [A husband or wife who, without just cause, deserts,

275-36   willfully neglects or refuses]

 Except as otherwise provided in

275-37   subsection 2, a person who knowingly fails to provide for the

275-38   support [and maintenance]of his

 :

275-39     (a) Spouse or former spouse [in destitute or necessitous

275-40   circumstances, or any parent who without lawful excuse deserts or

275-41   willfully neglects or refuses to provide for the support and

275-42   maintenance of his legitimate or illegitimate minor]

 ;

275-43     (b) Minor child ; or [children, or any parent who without lawful

275-44   excuse deserts or willfully neglects or refuses to provide for the

275-45   support and maintenance of his legitimate or illegitimate child or

275-46   children]

275-47 

   (c) Child who upon arriving at the age of majority [are]is unable

275-48   to provide [themselves with support and maintenance] support for

275-49   himself

 because of hisinfirmity, incompetency or other legal

276-1  disability that was

 contracted before [their reaching] he reached the

276-2  age of majority, [shall be punished:

276-3  (a) For the first offense, if the conduct for which the defendant was

276-4   convicted persisted for less than 6 months, for]

276-5  as ordered by a court, is guilty of

 a misdemeanor .[or, if such

276-6   conduct persisted for more than 6 months, for a gross misdemeanor

276-7   or, if for more than 1 year, for a category C felony by imprisonment

276-8   in the state prison for a minimum term of not less than 1 year and a

276-9   maximum term of not more than 5 years, or by a fine of not more

276-10   than $5,000, or by both fine and imprisonment.

276-11     (b) For any subsequent offense for]

276-12     2.  A person who violates the provisions of subsection 1 is guilty

276-13   of acategory C felony and shall be punished

 as provided in NRS

276-14   193.130

 [.

276-15     2.  In addition to other orders which the court may make relative

276-16   to the defendant’s obligation to provide support to his spouse and

276-17   children, the court may impose an intermittent sentence on a person

276-18   found guilty of a violation of subsection 1 if it finds that such a

276-19   sentence would be in the best interest of the defendant’s spouse and

276-20   child or children.]

 if:

276-21     (a) His arrearages for nonpayment of the child support or

276-22   spousal support ordered by a court total $10,000 or more and have

276-23   accrued over any period since the date that a court first ordered the

276-24   defendant to provide for such support; or

276-25     (b) It is a second or subsequent violation of subsection 1 or an

276-26   offense committed in another jurisdiction that, if committed in this

276-27   state, would be a violation of subsection 1, and his arrearages for

276-28   nonpayment of the child support or spousal support ordered by a

276-29   court total $5,000 or more and have accrued over any period since

276-30   the date that a court first ordered the defendant to provide for such

276-31   support.

276-32     3.  A prosecution for a violation of subsection 1 may be brought

276-33   in a court of competent jurisdiction in any county in which:

276-34     (a) A court has issued a valid order for the defendant to pay child

276-35   support or spousal support;

276-36     (b) The defendant resides;

276-37     (c) The custodial parent or custodian of the child for whom the

276-38   defendant owes child support resides;

276-39     (d) The spouse or former spouse to whom the defendant owes

276-40   spousal support resides; or

276-41     (e) The child for whom the defendant owes child support resides.

276-42     Sec. 138.  1.  Sections 219, 223, 257, 258, 260, 261 and 293 of

276-43   chapter 645, Statutes of Nevada 1999, at pages 3686, 3687, 3701, 3702

276-44   and 3715, are hereby amended to read respectively as follows:

276-45     Sec. 219.  NRS 571.035 is hereby amended to read as follows:

276-46     571.035  1.  Upon receipt of the reports from the committee for

276-47   assessing livestock pursuant to NRS 575.180, the [division]

276-48   department shall fix the amount of the annual special tax on each

276-49   head of the following specified classes of livestock, which, except as

277-1  otherwise provided in subsection 4, must not exceed the following

277-2  rates per head for each class:

 

277-3                                                          Class   Rate per head

 

277-4  Stock cattle........................................... $0.28

277-5  Dairy cattle.............................................   .53

277-6  Horses...................................................   .75

277-7  Mules.....................................................   .75

277-8  Burros or asses.......................................   .75

277-9  Hogs and pigs........................................   .07

277-10     Goats..................................................   .06

 

277-11     2.  As used in subsection 1:

277-12     (a) “Dairy cattle” are bulls, cows and heifers of the dairy breeds

277-13   that are more than 6 months old.

277-14     (b) “Stock cattle” are:

277-15          (1) Steers of any breed and other weaned calves of the beef

277-16   breeds that are more than 6 months old; and

277-17          (2) Bulls, cows and older heifers of the beef breeds.

277-18     (c) The classes consisting of horses, mules, and burros and asses

277-19   exclude animals that are less than 1 year old.

277-20     3.  The [division] department

 shall send a notice of the annual

277-21   special tax on each head of the specified classes of livestock to the

277-22   county assessor or treasurer of each county on or before the first

277-23   Monday in May of each year unless the [division] department

 makes

277-24   the election provided in subsection 7.

277-25     4.  The minimum special tax due annually pursuant to this section

277-26   from each owner of livestock is $5.

277-27     5.  Upon the receipt of payment of the special tax and the report

277-28   thereof by the state controller, the [division] department

 shall credit

277-29   the amount of the tax as paid on its records.

277-30     6.  The special taxes paid by an owner of livestock, when

277-31   transmitted to the state treasurer, must be deposited in the livestock

277-32   inspection account.

277-33     7.  The [division] department

 may elect to perform the duties

277-34   otherwise performed by the county assessor and county treasurer

277-35   under NRS 575.100 to 575.140, inclusive.

277-36     Sec. 223.  NRS 571.160 is hereby amended to read as follows:

277-37     571.160  [Whenever] If

 any livestock becomes infected with any

277-38   infectious, contagious or parasitic disease as defined by rules and

277-39   regulations adopted by the state quarantine officer, the owner or

277-40   agent in charge, an inspector of the [division] department

 or any

277-41   practicing veterinarian shall immediately notify the state quarantine

277-42   officer. A notification of disease received pursuant to this section

277-43   must be kept confidential unless:

277-44     1.  The reported disease is specifically regulated pursuant to NRS

277-45   571.130 for mandatory control and eradication to protect the public

277-46   health, other livestock or wildlife; or

278-1  2.  The state quarantine officer determines that a public health

278-2  emergency exists.

278-3  Sec. 257.  NRS 575.090 is hereby amended to read as follows:

278-4  575.090  1.  There is hereby created in each county a committee

278-5   for assessing livestock composed of:

278-6  (a) Two persons who own livestock in the county and who are

278-7   appointed by the state board of agriculture;

278-8  (b) One person who owns sheep in the county and who is

278-9   appointed by the board or, if there is no owner of sheep in the county,

278-10   another person who owns livestock in the county who is appointed by

278-11   the state board of agriculture;

278-12     (c) A brand inspector who is designated by the [administrator]

278-13   director

 of the [division;]department; and

278-14     (d) In a county where the [division]department

 elects to

278-15   administer the special tax, another person who owns livestock,

278-16   appointed by the state board of agriculture, otherwise the county

278-17   assessor or a person designated by him.

278-18     2.  Except as otherwise provided in this subsection, the term of

278-19   each member is 2 years, and any vacancy must be filled by

278-20   appointment for the unexpired term. The term of the county assessor

278-21   expires upon the expiration of the term of his office. A person

278-22   designated by the county assessor serves at the pleasure of the county

278-23   assessor. The brand inspector serves at the pleasure of the

278-24   [administrator] director

 of the[division.] department.

278-25     3.  While engaged in official business of the committee for

278-26   assessing livestock, each member of the committee is entitled to:

278-27     (a) A salary not exceeding $60 per day for attending meetings or

278-28   performing other official business, to be paid from any money

278-29   available to the [division.]

 department.

278-30     (b) The per diem allowance and travel expenses fixed for state

278-31   officers and employees.

278-32     Sec. 258.  NRS 575.120 is hereby amended to read as follows:

278-33     575.120  1.  The [division] department

 shall prepare a form for

278-34   declaration of livestock and sheep on which an owner of livestock or

278-35   sheep shall declare the average number, kind and classification of all

278-36   livestock and sheep in the state owned by him during the year

278-37   immediately preceding the date the declaration is made.

278-38     2.  Before May 6 of each year, the [division] department

 shall

278-39   distribute the form for declaration to the county assessors of the

278-40   counties in which the special tax is administered by the county.

278-41     [3.  In other counties, the division shall mail the declaration

278-42   directly to each owner of livestock or sheep.]

278-43     Sec. 260.  NRS 575.180 is hereby amended to read as follows:

278-44     575.180  1.  When the report of owners of livestock and sheep is

278-45   approved by the committee for assessing livestock as complete and

278-46   accurate, the approval must be noted on the report. The report must

278-47   [then] be returned to the county assessor, or the [division]

278-48   department if it is administering the special tax, and a copy sent to

278-49   the board, the [division] department

 unless it is administering the

278-50   special tax, and the Nevada beef council.

279-1  2.  If, as the result of a challenge of the accuracy of the report, any

279-2  change is ordered in the report of owners of livestock and sheep after

279-3   it has been approved by the committee for assessing livestock, each

279-4   recipient of the report or copy must be notified of the change.

279-5  Sec. 261.  NRS 575.190 is hereby amended to read as follows:

279-6  575.190  Using the tax levies from the board, the [division]

279-7   department and the Nevada beef council, the county assessor, auditor

279-8   or treasurer, or the [division] department

 if it is administering the

279-9   special tax, shall calculate the total taxes due from each owner of

279-10   livestock or sheep based on the report of owners of livestock or sheep

279-11   approved by the committee for assessing livestock.

279-12     Sec. 293.  NRS 581.500 is hereby amended to read as follows:

279-13     581.500  1.  The advisory council on the metric system,

279-14   consisting of seven members appointed by the governor, is hereby

279-15   created within the [division]state department

 of agriculture . [of the

279-16   department of business and industry.]

279-17     2.  The governor shall appoint:

279-18     (a) One member from business.

279-19     (b) One member from the engineering profession.

279-20     (c) One member from a trade organization.

279-21     (d) One member from industry.

279-22     (e) One member from a labor organization.

279-23     (f) One member from the faculty of a university in the University

279-24   and Community College System of Nevada.

279-25     (g) One member from the faculty of a public elementary or

279-26   secondary school.

279-27     2.  Chapter 645, Statutes of Nevada 1999, at page 3702, is hereby

279-28   amended by adding thereto a new section to be designated as section

279-29   258.1, immediately following section 258, to read as follows:

279-30     Sec. 258.1.  NRS 575.130 is hereby amended to read as follows:

279-31     575.130  1.  In a county in which the special tax is administered

279-32   by the county, the county assessor shall mail the form for declaration

279-33   to each owner of livestock or sheep listed in his most current report

279-34   of such owners. He may include the form with any other mailing sent

279-35   by him to that owner.

279-36     2.  In a county in which the department elects to administer the

279-37   special tax, the department shall mail the form for declaration to

279-38   each owner of livestock or sheep.

279-39     3.

  An owner of livestock or sheep who fails to complete and

279-40   return the form for declaration within 30 days after the date it was

279-41   mailed to him is subject to a penalty of $5 assessed by the committee.

279-42     Sec. 139.  Sections 41, 42 and 139 of chapter 646, Statutes of Nevada

279-43   1999, at pages 3760, 3762 and 3816, respectively, are hereby amended to

279-44   read respectively as follows:

279-45     Sec. 41.  NRS 627.180 is hereby amended to read as follows:

279-46     627.180  1.  [Except for savings] The provisions of this section

279-47   do not apply to:

280-1  (a) Savings

 and loan associations, state banks and national banking

280-2  associations

 [,] licensed to do business in the State of Nevada, under

280-3   the laws of the State of Nevada or under the laws of the United States

280-4 

 .[, title]

280-5 

(b) Titleinsurers or underwritten title insurance companies

280-6   authorized to do business in the State of Nevada

 . [, or lenders]

280-7 

(c) Lendersof construction loan money for dwelling units who are

280-8   approved by the Federal Housing Administration or Department of

280-9   Veterans Affairs and who have been licensed and authorized to do

280-10   business in the State of Nevada .

 [, every construction control]

280-11     2.  Except as otherwise provided in subsection 1 and section 40

280-12   of this act, as a condition to

 doing business in[the State of Nevada

280-13   shall, within 30 days immediately following July 1, 1965, file] this

280-14   state, each construction control shall deposit with the state

280-15   contractors’ board and keep in full force and effect a surety

 bond, in

280-16   the amount set forth in subsection 4, which is

 executed by some

280-17   corporation authorized to issue surety bonds in this state

 . [, in a penal

280-18   sum equal to 1 1/4 times the amount of capital in the business but in

280-19   no event less than $20,000, and such bond must be kept in full force

280-20   and effect or replaced by a like bond as a condition to continuing to

280-21   do business as a construction control in the State of Nevada.

280-22     2.  The form of the bond required is as follows:]

280-23     3.  The surety bond must be in substantially the following form:

 

280-24  Bond No.

280-25  CONSTRUCTION CONTROL BOND

 

280-26  Know All Men by These Presents:

280-27     That I, ................................, having a principal place of business in

280-28   ...................................................., Nevada, as principal, and

280-29   ................................, a corporation licensed to execute surety bonds

280-30   under the provisions of the Nevada Insurance Code, as surety, are

280-31   held and firmly bound to the State of Nevada, for the use of any

280-32   person by whom funds are entrusted to the principal or to whom

280-33   funds are payable by the principal, in the sum of ................ Dollars,

280-34   lawful money of the United States of America, to be paid to the State

280-35   of Nevada, for which payment well and truly to be made we bind

280-36   ourselves, our heirs, executors and successors, jointly and severally,

280-37   firmly by these presents:

280-38     The Condition of the Above Obligation Is Such That:

280-39     Whereas, Under the Construction Control Law, certain duties,

280-40   obligations and requirements are imposed upon all persons,

280-41   copartnerships, associations or corporations acting as construction

280-42   controls;

280-43     Now, Therefore, If the principal and its agents and employees

280-44   shall faithfully and in all respects conduct business as a construction

280-45   control in accordance with the provisions of the Construction Control

280-46   Law, this obligation shall be void, otherwise to remain in full force

280-47   and effect;

281-1  Provided, However, That the surety or sureties may cancel this

281-2  bond and be relieved of further liability hereunder by delivering 30

281-3   days’ written notice of cancellation to the principal; however, such

281-4   cancellation shall not affect any liability incurred or accrued

281-5   hereunder prior to the termination of such 30-day period;

281-6  Provided Further, That the total aggregate liability of the surety

281-7   or sureties herein for all claims which may arise under this bond shall

281-8   be limited to the payment of ................ Dollars.

281-9  In Witness Whereof, The principal and surety have hereunto set

281-10   their hands this …… day of […………, 19.....]

 the month of

281-11   ………… of the year …… .

 

281-12                                                                        ...............................

281-13                                       By...........................

281-14                                                  Principal

281-15  (Surety)

281-16 

                                     By...........................

281-17                                                  Attorney

 

281-18     4.  Each construction control shall initially deposit a surety bond

281-19   that complies with the provisions of this section or a substitute form

281-20   of security that complies with the provisions of section 40 of this act

281-21   in the amount of $20,000. Not later than 3 months after the initial

281-22   deposit and annually thereafter, the construction control shall:

281-23     (a) Submit to the state contractors’ board a signed and notarized

281-24   affidavit attesting to the average monthly balance in the trust

281-25   account maintained by the construction control; and

281-26     (b) Deposit a surety bond that complies with the provisions of this

281-27   section or a substitute form of security that complies with the

281-28   provisions of section 40 of this act in the following amount based

281-29   upon the average monthly balance in the trust account maintained

281-30   by the construction control:

 

281-31  AVERAGE MONTHLY BALANCEAMOUNT OF BOND OR

281-32                             SECURITY REQUIRED

281-33  Less than $2,000,000................... $20,000

281-34  $2,000,000 or more but less than $4,000,000  40,000

281-35  $4,000,000 or more but less than $6,000,000  60,000

281-36  $6,000,000 or more but less than $8,000,000  80,000

281-37  $8,000,000 or more but less than $12,000,000   120,000

281-38  $12,000,000 or more but less than $20,000,000   200,000

281-39  $20,000,000 or more.................... 250,000

 

281-40     Sec. 42.  NRS 645A.030 is hereby amended to read as follows:

281-41     645A.030  1.  Except as otherwise [authorized by] provided in

281-42 

 NRS 645A.031, [at the time of filing an application for a license as

281-43   an] as a condition to doing business in this state, each

 escrow

281-44   agency

 [, the applicant] shall deposit with the commissioner and keep

281-45   in full force and effect

 a corporate surety bond payable to the State

281-46   of Nevada, in the amount [of $50,000,]set forth in subsection 4,

281-47   which

282-1  is

 executed by a corporate surety satisfactory to the commissioner [,

282-2  and naming] and which names

 as principals the [applicant] escrow

282-3   agency

 and all escrow agents employed by or associated with the

282-4   [applicant.]

 escrow agency.

282-5  2.  At the time of filing an application for a license as an escrow

282-6   agent, the applicant shall file with the commissioner proof that the

282-7   applicant is named as a principal on the corporate surety bond

282-8   deposited with the commissioner by the escrow agency with whom

282-9   he is associated or employed.

282-10     3.  The bond must be in substantially the following form:

 

282-11     Know All Men by These Presents, that ........................, as principal,

282-12   and ........................, as surety, are held and firmly bound unto the

282-13   State of Nevada for the use and benefit of any person who suffers

282-14   damages because of a violation of any of the provisions of chapter

282-15   645A of NRS, in the sum of ............, lawful money of the United

282-16   States, to be paid to the State of Nevada for such use and benefit, for

282-17   which payment well and truly to be made, and that

 we bind

282-18   ourselves, our heirs, executors, administrators, successors and

282-19   assigns, jointly and severally, firmly by these presents.

282-20     The condition of that obligation is such that: Whereas, the principal

282-21   has [made an application to] been issued a license as an escrow

282-22   agency or escrow agent by

 the commissioner of financial institutions

282-23   of the department of business and industry of the State of Nevada [for

282-24   a license as an escrow agent or agency] and is required to furnish a

282-25   bond [in the amount of $50,000] , which is

 conditioned as set forth in

282-26   this bond:

282-27     Now, therefore, if the principal, his agents and employees, strictly,

282-28   honestly and faithfully comply with the provisions of chapter 645A

282-29   of NRS, and pay all damages suffered by any person because of a

282-30   violation of any of the provisions of chapter 645A of NRS, or by

282-31   reason of any fraud, dishonesty, misrepresentation or concealment of

282-32   material facts growing out of any transaction governed by the

282-33   provisions of chapter 645A of NRS, then this obligation is void;

282-34   otherwise it remains in full force.

282-35     This bond becomes effective on the [.......... day of ................,

282-36   19......,]

 ……(day) of …………(month) of ……(year), and remains

282-37   in force until the surety is released from liability by the commissioner

282-38   of financial institutions or until this bond is canceled by the surety.

282-39   The surety may cancel this bond and be relieved of further liability

282-40   hereunder by giving 60 days’ written notice to the principal and to the

282-41   commissioner of financial institutions of the department of business

282-42   and industry of the State of Nevada.

282-43     In Witness Whereof, the seal and signature of the principal hereto is

282-44   affixed, and the corporate seal and the name of the surety hereto is

282-45   affixed and attested by its authorized officers at ........................,

282-46   Nevada, this [................ day of ................, 19......]

 ……(day) of

282-47   …………(month) of ……(year).

 

283-1                                                                .............................. (Seal)

283-2                                           Principal

283-3                                                                .............................. (Seal)

283-4                                             Surety

283-5                                        By...........................

283-6                                             Attorney in fact

283-7                                                                        ...............................

283-8                                       Licensed resident agent

 

283-9  4.  Each escrow agency shall deposit a corporate surety bond

283-10   that complies with the provisions of this section or a substitute form

283-11   of security that complies with the provisions of NRS 645A.031 in

283-12   the following amount based upon the average monthly balance of

283-13   the trust account or escrow account maintained by the escrow

283-14   agency pursuant to NRS 645A.160:

 

283-15  AVERAGE MONTHLY BALANCEAMOUNT OF BOND OR

283-16                             SECURITY REQUIRED

283-17  $50,000 or less............................. $20,000

283-18  More than $50,000 but not more than $250,000   50,000

283-19  More than $250,000 but not more than $500,000   100,000

283-20  More than $500,000 but not more than $750,000   150,000

283-21  More than $750,000 but not more than $1,000,000   200,000

283-22  More than $1,000,000.................. 250,000

 

283-23  The commissioner shall determine the appropriate amount of the

283-24   surety bond or substitute form of security that must be deposited

283-25   initially by the escrow agency based upon the expected average

283-26   monthly balance of the trust account or escrow account maintained

283-27   by the escrow agency pursuant to NRS 645A.160. After the initial

283-28   deposit, the commissioner shall, on a semiannual basis, determine

283-29   the appropriate amount of the surety bond or substitute form of

283-30   security that must be deposited by the escrow agency based upon

283-31   the average monthly balance of the trust account or escrow account

283-32   maintained by the escrow agency pursuant to NRS 645A.160.

283-33     Sec. 139.  1.  This section and [sections] section 130.5 of this

283-34   act become effective upon passage and approval for the purpose of

283-35   adopting any regulations necessary to carry out the provisions of

283-36   this act, and on September 30, 1999, for all other purposes.

283-37     2.  Sections 1 to 101, inclusive, 103, 105 to 117, inclusive, 119 to

283-38   130, inclusive, and 131 to 138, inclusive, of this act become effective

283-39   upon passage and approval for the purpose of adopting any

283-40   regulations necessary to carry out the provisions of this act, and on

283-41   October 1, 1999, for all other purposes.

283-42     [2.] 3.  Sections 102, 104 and 118 of this act become effective

283-43   upon passage and approval for the purpose of adopting any

283-44   regulations necessary to carry out the provisions of this act, and at

283-45   12:01 a.m. on October 1, 1999, for all other purposes.

283-46     [3.] 4.  Sections 15 and 33 of this act expire by limitation on the

283-47   date on which the provisions of 42 U.S.C. § 666 requiring each state

284-1  to establish procedures under which the state has authority to withhold

284-2  or suspend, or to restrict the use of professional, occupational and

284-3   recreational licenses of persons who:

284-4  (a) Have failed to comply with a subpoena or warrant relating to a

284-5   procedure to determine the paternity of a child or to establish or

284-6   enforce an obligation for the support of a child; or

284-7  (b) Are in arrears in the payment for the support of one or more

284-8   children,

284-9  are repealed by the Congress of the United States.

284-10     [4.] 5.  Section 78.5 of this act expires by limitation on October 1,

284-11   2001.

284-12     Sec. 140.  Section 149 of chapter 354, Statutes of Nevada 1999, at

284-13   page 1525, is hereby repealed.

284-14     Sec. 141.  This act becomes effective upon passage and approval.

 

284-15  ²⁰~~~~~⁰¹