S.B. 481
Senate Bill No. 481–Committee on Transportation
(On Behalf of Department of Administration)
March 23, 2001
____________
Referred to Committee on Transportation
SUMMARY—Provides for reorganization of department of motor vehicles and public safety into two departments. (BDR 43‑1107)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Executive Budget.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to state government; providing for the reorganization of the department of motor vehicles and public safety into the department of motor vehicles and the department of public safety; 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. Title 43 of NRS is hereby amended by adding thereto a
1-2 new chapter to consist of the provisions set forth as sections 2 to 38,
1-3 inclusive, of this act.
1-4 Sec. 2. As used in this chapter, unless the context otherwise
1-5 requires:
1-6 1. “Department” means the department of public safety.
1-7 2. “Director” means the director of the department of public safety.
1-8 Sec. 3. 1. The department of public safety is hereby created.
1-9 2. The department is vested with the powers and authority provided
1-10 in this chapter and shall carry out the purposes of this chapter.
1-11 Sec. 4. Except as otherwise provided therein, the department shall
1-12 execute, administer and enforce, and perform the functions and duties
1-13 provided in:
1-14 1. Chapters 176A and 213 of NRS relating to parole and probation;
1-15 2. Chapter 414 of NRS relating to emergency management;
1-16 3. Chapter 453 of NRS relating to controlled substances and chapter
1-17 454 of NRS relating to dangerous drugs;
1-18 4. Chapter 459 of NRS relating to the transportation of hazardous
1-19 materials; and
1-20 5. Chapter 477 of NRS relating to the state fire marshal.
1-21 Sec. 5. 1. The office of director is hereby created within the
1-22 department of public safety.
2-1 2. The director of the department:
2-2 (a) Is appointed by and serves at the pleasure of the governor;
2-3 (b) Must be appointed with special reference to his training,
2-4 experience, capacity and interest in the field of administration or the
2-5 administering of laws relating to public safety;
2-6 (c) Is in the unclassified service of the state; and
2-7 (d) Shall devote his entire time and attention to the business of his
2-8 office and shall not pursue any other business or occupation or hold any
2-9 other office of profit.
2-10 3. The director may, within the limits of legislative appropriations,
2-11 employ such deputy directors as may be needed for the administration of
2-12 the department. A deputy director:
2-13 (a) Serves at the pleasure of the director;
2-14 (b) Must be appointed with special reference to his training,
2-15 experience, capacity and interest in the field of administration or the
2-16 administering of laws relating to public safety;
2-17 (c) Is in the unclassified service of the state; and
2-18 (d) Except as otherwise provided in NRS 284.143, shall devote his
2-19 entire time and attention to the business of his office and shall not
2-20 pursue any other business or occupation or hold any other office of
2-21 profit.
2-22 4. The director shall appoint such technical, clerical and operational
2-23 staff as the execution of his duties and the operation of the department
2-24 may require.
2-25 Sec. 6. The department consists of:
2-26 1. An administrative services division;
2-27 2. An investigation division;
2-28 3. A Nevada highway patrol division;
2-29 4. A division of emergency management;
2-30 5. A state fire marshal division;
2-31 6. A division of parole and probation;
2-32 7. A capitol police division; and
2-33 8. A training division.
2-34 Sec. 7. The primary functions and responsibilities of the divisions of
2-35 the department are as follows:
2-36 1. The administrative services division shall furnish fiscal,
2-37 accounting and other administrative services to the director and the
2-38 various divisions, and advise and assist the director and the various
2-39 divisions in carrying out their functions and responsibilities.
2-40 2. The investigation division shall:
2-41 (a) Execute, administer and enforce the provisions of chapter 453 of
2-42 NRS relating to controlled substances and chapter 454 of NRS relating to
2-43 dangerous drugs;
2-44 (b) Assist the secretary of state in carrying out an investigation
2-45 pursuant to NRS 293.124; and
2-46 (c) Perform such duties and exercise such powers as may be conferred
2-47 upon it pursuant to this chapter and any other specific statute.
2-48 3. The Nevada highway patrol division shall, in conjunction with the
2-49 department of motor vehicles, execute, administer and enforce the
3-1 provisions of chapter 484 of NRS and perform such duties and exercise
3-2 such powers as may be conferred upon it pursuant to section 20 of this
3-3 act and any other specific statute.
3-4 4. The division of emergency management shall execute, administer
3-5 and enforce the provisions of chapter 414 of NRS and perform such
3-6 duties and exercise such powers as may be conferred upon it pursuant to
3-7 chapter 414 of NRS and any other specific statute.
3-8 5. The state fire marshal division shall execute, administer and
3-9 enforce the provisions of chapter 477 of NRS and perform such duties
3-10 and exercise such powers as may be conferred upon it pursuant to
3-11 chapter 477 of NRS and any other specific statute.
3-12 6. The division of parole and probation shall execute, administer and
3-13 enforce the provisions of chapters 176A and 213 of NRS relating to
3-14 parole and probation and perform such duties and exercise such powers
3-15 as may be conferred upon it pursuant to those chapters and any other
3-16 specific statute.
3-17 7. The capitol police division shall assist the chief of the buildings
3-18 and grounds division of the department of administration in the
3-19 enforcement of subsection 1 of NRS 331.140.
3-20 8. The training division shall provide training to the employees of the
3-21 department.
3-22 Sec. 8. 1. The director shall:
3-23 (a) Direct and supervise all administrative and technical activities of
3-24 the department.
3-25 (b) Formulate the policies of the department and the various divisions
3-26 thereof.
3-27 (c) Coordinate the activities of the various divisions of the department.
3-28 (d) Adopt such regulations as he deems necessary for the operation of
3-29 the department and the enforcement of all laws administered by the
3-30 department.
3-31 2. The director may delegate to the officers and employees of the
3-32 department such authorities and responsibilities not otherwise delegated
3-33 by a specific statute as he deems necessary for the efficient conduct of the
3-34 business of the department.
3-35 Sec. 9. 1. The department shall keep its main office at Carson City,
3-36 Nevada, in rooms provided by the buildings and grounds division of the
3-37 department of administration.
3-38 2. The department may maintain such branch offices throughout the
3-39 state as the director deems necessary for the efficient operation of the
3-40 department and the various divisions thereof. The director may enter into
3-41 such leases or other agreements as may be necessary to establish such
3-42 branch offices.
3-43 Sec. 10. Money collected or received by:
3-44 1. The division of emergency management pursuant to chapter 414
3-45 of NRS; or
3-46 2. The
state fire marshal division pursuant to chapter 477 of
NRS,
3-47 must be deposited with the state treasurer for credit to the appropriate
3-48 accounts of the respective divisions.
4-1 Sec. 11. As used in this section and sections 12 and 13 of this act,
4-2 “public safety telecommunications operator” means a person who
4-3 operates a telecommunications system for emergencies and public safety.
4-4 Sec. 12. 1. The committee for public safety telecommunications
4-5 operators is hereby created in the department.
4-6 2. The governor shall appoint to the committee nine members who
4-7 possess knowledge, skill and experience in the fields of law enforcement,
4-8 fire service, public safety telecommunications or highway safety as
4-9 follows:
4-10 (a) Two members from the field of law enforcement;
4-11 (b) Two members from the field of fire service;
4-12 (c) Two members from the field of public safety telecommunications;
4-13 (d) One member who is a dispatcher in the field of highway safety;
4-14 (e) One member who represents a community college; and
4-15 (f) One member from any field set forth in
paragraph (a), (b), (c)
or (d).
4-16 3. Members serve terms of 2 years after the date of appointment.
4-17 4. Members serve without compensation but are entitled to the per
4-18 diem allowance and travel expenses provided for state officers and
4-19 employees generally.
4-20 Sec. 13. 1. The committee for public safety telecommunications
4-21 operators shall:
4-22 (a) Elect a chairman from its members;
4-23 (b) Meet at the call of the chairman;
4-24 (c) Provide for and encourage the training and education of public
4-25 safety telecommunications operators; and
4-26 (d) Adopt minimum standards for the certification and training of
4-27 public safety telecommunications operators.
4-28 2. The director may adopt regulations necessary for the operation of
4-29 the committee.
4-30 Sec. 14. There is hereby created within the department a division to
4-31 be known as the Nevada highway patrol.
4-32 Sec. 15. The Nevada highway patrol is composed of the following
4-33 personnel appointed by the director:
4-34 1. One chief; and
4-35 2. Such number of inspectors, supervisors, troopers and commercial
4-36 officers as the director determines necessary to perform the duties set
4-37 forth in section 20 of this act, within the limits of legislative
4-38 appropriations therefor.
4-39 Sec. 16. The Nevada highway patrol shall not authorize any
4-40 payment to a cadet for holding himself ready for duty if the cadet is
4-41 attending an authorized training academy for which room and board is
4-42 provided at no cost to the cadet.
4-43 Sec. 17. 1. The chief of the Nevada highway patrol is the chief
4-44 officer of the Nevada highway patrol and has the powers and duties
4-45 provided in section 20 of this act, which must be performed under the
4-46 direction and supervision of the director.
4-47 2. When requested by the governor to preserve order, protect life or
4-48 property and enforce the laws of this state, the chief may appoint such
5-1 personnel of the Nevada highway patrol as may be necessary for that
5-2 purpose. The salaries and expenses of the personnel incidental to those
5-3 operations must be paid out of appropriations for the department from
5-4 the state general fund.
5-5 Sec. 18. 1. Except as otherwise provided in this section, the chief
5-6 of the Nevada highway patrol may enter into a contract with any person
5-7 or governmental agency to provide services for the control of vehicular
5-8 traffic related to or affected by any special event sponsored by the person
5-9 or agency.
5-10 2. Any such contract:
5-11 (a) Must require the sponsor of the special event to reimburse the
5-12 Nevada highway patrol for the cost of the services provided.
5-13 (b) May require the sponsor to furnish a bond to ensure that
5-14 reimbursement is made.
5-15 (c) Is subject to the following limitations:
5-16 (1) The services provided pursuant to the contract must be provided
5-17 by personnel of the Nevada highway patrol.
5-18 (2) The services required must not impair the ability of the Nevada
5-19 highway patrol to perform its customary duties.
5-20 3. Any money received by the Nevada highway patrol pursuant to
5-21 such a contract must be deposited with the state treasurer for credit to the
5-22 motor vehicle fund.
5-23 4. As used in this section, “special event” has the meaning ascribed
5-24 to it in NRS 484.900.
5-25 Sec. 19. Personnel appointed for duty in the Nevada highway patrol
5-26 must:
5-27 1. Be persons qualified at the time of their appointment with the
5-28 knowledge of all traffic laws of this state and the provisions of chapters
5-29 482, 483 and 706 of NRS.
5-30 2. Be versed in all laws relating to the powers of police officers as to
5-31 traffic law violations and other offenses committed over and along the
5-32 highways of this state.
5-33 Sec. 20. The duties of the personnel of the Nevada highway patrol
5-34 are:
5-35 1. To police the public highways of this state, to enforce and to aid in
5-36 enforcing thereon all the traffic laws of the State of Nevada and to
5-37 enforce all other laws of this state when:
5-38 (a) In the apprehension or pursuit of an offender or suspected
5-39 offender;
5-40 (b) Making arrests for crimes committed in their presence or upon or
5-41 adjacent to the highways of this state; or
5-42 (c) Making arrests pursuant to a warrant in the officer’s possession or
5-43 communicated to him.
5-44 2. To investigate accidents on all primary and secondary highways
5-45 within the State of Nevada resulting in personal injury, property damage
5-46 or death, and to gather evidence to prosecute any person guilty of any
5-47 violation of the law contributing to the happening of such an accident.
6-1 3. In conjunction with the department of motor vehicles, to enforce
6-2 the provisions of chapters 366, 408, 482 to 486, inclusive, 487 and 706 of
6-3 NRS.
6-4 4. To maintain the central repository for Nevada records of criminal
6-5 history and to carry out the provisions of chapter 179A of NRS.
6-6 5. To enforce the provisions of laws and regulations relating to
6-7 motor carriers, the safety of their vehicles and equipment, and their
6-8 transportation of hazardous materials and other cargo.
6-9 6. To maintain the repository for information concerning hazardous
6-10 materials in Nevada and to carry out its duties pursuant to chapter 459 of
6-11 NRS concerning the transportation of hazardous materials.
6-12 7. To perform such other duties in connection with those specified in
6-13 this section as may be imposed by the director.
6-14 Sec. 21. As used in sections 21 to 33, inclusive, of this act, unless the
6-15 context otherwise requires, the words and terms defined in sections 22 to
6-16 25, inclusive, of this act, have the meanings ascribed to them in those
6-17 sections.
6-18 Sec. 22. “Investigation division” means the investigation division of
6-19 the department.
6-20 Sec. 23. “Off-road vehicle” means a vehicle which is intended for
6-21 recreational or industrial use and which is not intended or designed for
6-22 use on a public highway.
6-23 Sec. 24. “Special mobile equipment” has the meaning ascribed to it
6-24 in NRS 482.123.
6-25 Sec. 25. “Vehicle” has the meaning ascribed to it in NRS 482.135.
6-26 Sec. 26. The investigation division is composed of:
6-27 1. A chief appointed by the director; and
6-28 2. Within the limits of legislative appropriations, a number of
6-29 investigators and agents which the director determines to be sufficient to
6-30 carry out the duties of the division, who are employed in the classified
6-31 service of the state.
6-32 Sec. 27. The chief of the investigation division shall:
6-33 1. Furnish services relating to the investigation of crimes, including
6-34 interrogation with the use of polygraph instruments, upon the request of
6-35 the attorney general or any sheriff, chief of police or district attorney.
6-36 2. Disseminate information relating to the dangers of the use of
6-37 controlled substances and dangerous drugs.
6-38 3. Provide and operate a system of recording all information received
6-39 by the division relating to persons who have alleged connections with
6-40 organized crime or have some connection with violations of laws
6-41 regulating controlled substances or dangerous drugs.
6-42 4. Arrange for the purchase of controlled substances and dangerous
6-43 drugs when such a purchase is necessary in an investigation of offenses
6-44 relating to controlled substances and dangerous drugs.
6-45 5. Procure from law enforcement agencies and other reliable sources
6-46 information relating to violators of laws which govern controlled
6-47 substances and dangerous drugs, including information about their
6-48 character, probable motives, circumstances of arrest, methods of
6-49 operation and other pertinent information.
7-1 6. Enforce the provisions of chapter 453 of NRS.
7-2 7. Maintain the records and other information forwarded to the
7-3 division to assist in locating missing persons or identifying dead bodies.
7-4 8. Furnish information relating to any person of whom he maintains
7-5 a record to any law enforcement agency.
7-6 9. Assist the secretary of state in carrying out an investigation
7-7 pursuant to NRS 293.124.
7-8 Sec. 28. 1. The chief of the investigation division shall:
7-9 (a) Investigate and enforce the provisions of law relating to theft and
7-10 fraud in matters concerning vehicles, including special mobile equipment
7-11 and off-road vehicles.
7-12 (b) Procure from law enforcement agencies and other reliable sources
7-13 information relating to violators of laws that govern theft and fraud
7-14 relating to vehicles, including special mobile equipment and off-road
7-15 vehicles. The information may concern the character of the violators,
7-16 their probable motives, the circumstances of their arrests and their
7-17 methods of operation, and may include any other pertinent information.
7-18 (c) Establish and conduct proactive law enforcement programs
7-19 intended to reduce the incidence of commercial theft and fraud related to
7-20 vehicles.
7-21 2. To carry out the provisions of this section, the chief of the
7-22 investigation division may:
7-23 (a) Accept gifts and grants of money from any person or
7-24 governmental agency; and
7-25 (b) Employ or contract with persons to provide professional or
7-26 technical assistance to the division, payable from the money accepted
7-27 pursuant to this section.
7-28 3. Money accepted by the chief pursuant to this section must be
7-29 accounted for separately in the state general fund and is hereby
7-30 authorized for expenditure to:
7-31 (a) Pay the cost of carrying out the duties of the chief set forth in this
7-32 section.
7-33 (b) Conduct educational programs to provide information to owners
7-34 of vehicles, including special mobile equipment and off-road vehicles,
7-35 concerning the prevention and reduction of commercial theft and fraud
7-36 related to vehicles.
7-37 (c) Provide such equipment as the chief determines is necessary to test
7-38 methods of preventing or reducing commercial theft and fraud related to
7-39 vehicles.
7-40 4. As used in this section, “commercial theft” means the theft of
7-41 vehicles, including special mobile equipment and off-road vehicles, for
7-42 financial gain.
7-43 Sec. 29. The chief of the investigation division may enter into
7-44 agreements with any state or local law enforcement agency in this state
7-45 or in any other state to carry out the duties of the division. A peace
7-46 officer, while carrying out the duties of the investigation division
7-47 pursuant to such an agreement, has the same powers and responsibilities
7-48 as an investigator of the investigation division.
8-1 Sec. 30. 1. If circumstances require the appointment of persons
8-2 with special skills or training, the chief of the investigation division may
8-3 appoint persons as investigators who have those special skills or training
8-4 and have completed the requirements for the training of a category I
8-5 peace officer. A person appointed as an investigator has the powers of a
8-6 peace officer while carrying out the duties assigned to him by the chief or
8-7 a person designated by the chief.
8-8 2. As used in this section, “category I peace officer” has the meaning
8-9 ascribed to it in NRS 432B.610.
8-10 Sec. 31. 1. When a coroner is unable to establish the identity of a
8-11 dead body by means other than by dental records, he shall have a dental
8-12 examination of the body made by a dentist. The dentist shall prepare a
8-13 record of his findings and forward it to the investigation division and to
8-14 the central repository for Nevada records of criminal history.
8-15 2. Each sheriff, chief of police or other law enforcement agency
8-16 which receives a report of a person missing under suspicious
8-17 circumstances who is 18 years or older shall:
8-18 (a) Transmit to the investigation division and to the central repository
8-19 for Nevada records of criminal history:
8-20 (1) The initial report that contains identifying information
8-21 concerning the missing person within 72 hours after the receipt of that
8-22 report; and
8-23 (2) Any subsequent report concerning the missing person within 5
8-24 working days after the receipt of that report if the report contains
8-25 additional identifying information concerning the missing person;
8-26 (b) Notify immediately such persons and make inquiries concerning
8-27 the missing person as the agency deems necessary; and
8-28 (c) Enter the information concerning the missing person into the
8-29 computer for the National Crime Information Center and the central
8-30 repository for Nevada records of criminal history, if appropriate.
8-31 3. The sheriff, chief of police or other law enforcement agency shall
8-32 request the written consent of the next of kin or guardian of a person
8-33 who has been reported to him as missing for 30 days or more to obtain
8-34 certain identifying information about the missing person that the
8-35 National Crime Information Center recommends be provided from the
8-36 appropriate providers of medical care. After receiving the written
8-37 consent, the sheriff, chief of police or other law enforcement agency
8-38 shall obtain the identifying information from the providers of medical
8-39 care and forward that information and any other relevant information to
8-40 the investigation division and to the central repository for Nevada
8-41 records of criminal history for comparison with the identifying
8-42 information that is on file concerning unidentified deceased persons.
8-43 This subsection does not prevent the voluntary release of identifying
8-44 information about the missing person by the next of kin or guardian of
8-45 the missing person at any time.
8-46 4. The next of kin or guardian of the person reported as missing
8-47 shall promptly notify the appropriate law enforcement agency when the
8-48 missing person is found.
9-1 5. The sheriff, chief of police or other law enforcement agency shall
9-2 inform the investigation division, the central repository for Nevada
9-3 records of criminal history and the National Crime Information Center
9-4 when a missing person has been found.
9-5 6. The investigation division and the central repository for Nevada
9-6 records of criminal history shall:
9-7 (a) Maintain the records and other information forwarded to them
9-8 pursuant to subsections 1, 2 and 3 for the purpose of comparing the
9-9 records and otherwise assisting in the identification of dead bodies; and
9-10 (b) Upon request, provide the records and other information that are
9-11 maintained pursuant to this subsection to the state disaster identification
9-12 team of the division of emergency management of the department.
9-13 Sec. 32. Each sheriff and chief of police shall furnish to the
9-14 investigation division, on forms approved by the division, all information
9-15 obtained in an investigation or a prosecution of any person who has been
9-16 alleged to have violated any criminal law of this state if in the
9-17 investigation of the violation it appears that there is some connection
9-18 with:
9-19 1. Controlled substances or dangerous drugs; or
9-20 2. The theft of vehicles, including special mobile equipment or off-
9-21 road vehicles.
9-22 Sec. 33. 1. The director may, as he determines necessary, to assist
9-23 local law enforcement agencies or the investigation division in the
9-24 purchase of evidence and in employing persons other than peace officers
9-25 to obtain evidence, expend money appropriated for such a purpose.
9-26 2. Upon receiving a written request from the director for money
9-27 appropriated pursuant to this section, the state controller shall draw his
9-28 warrant, payable to the director, in an amount which does not exceed any
9-29 limit set by the legislature in the appropriation.
9-30 3. The director may keep money which he has drawn pursuant to this
9-31 section in accounts in one or more banks or credit unions or in cash.
9-32 Sec. 34. The Nevada highway patrol and the investigation division
9-33 shall, at the request of a person who claims to have sustained damages as
9-34 a result of an accident, and upon receipt of a reasonable fee to cover the
9-35 cost of reproduction, provide the person or his legal representative with a
9-36 copy of the accident report and all statements by witnesses and
9-37 photographs in the possession or under the control of the highway patrol
9-38 or investigation division that concern the accident, unless the materials
9-39 are privileged or confidential pursuant to a specific statute.
9-40 Sec. 35. 1. For the purpose of locating stolen vehicles, except as
9-41 otherwise provided in subsection 3, an employee of the department or a
9-42 local law enforcement agency whose primary responsibility is to conduct
9-43 investigations involving the theft of motor vehicles, may inspect:
9-44 (a) The identification numbers of a vehicle that is on the highway or
9-45 in any garage, repair shop, terminal, parking facility, establishment
9-46 where new or used vehicles or equipment for vehicles are sold, leased or
9-47 rented, vehicle salvage pool or any other similar establishment, or any
9-48 commercial location where agricultural or construction work is being
9-49 actively performed; and
10-1 (b) The title or registration of a vehicle described in paragraph (a) to
10-2 determine the rightful ownership or possession of the vehicle or an
10-3 identifiable component part.
10-4 2. Whenever possible, a person who conducts an inspection pursuant
10-5 to this section shall conduct the inspection during normal business hours
10-6 and in such a manner as to minimize any interference with or delay of
10-7 the business operations of the establishment where the inspection takes
10-8 place.
10-9 3. A person may not conduct an inspection pursuant to this section
10-10 of a terminal that is privately owned or a parking facility that is privately
10-11 owned unless, before conducting the inspection, the person obtains
10-12 permission to conduct the inspection from:
10-13 (a) The owner of the terminal or parking facility; or
10-14 (b) An agent or representative of the owner who has been authorized
10-15 by the owner to grant permission to a person seeking to conduct an
10-16 inspection pursuant to this section.
10-17 4. As used in this section:
10-18 (a) “Garage” has the meaning ascribed to it in NRS 487.540.
10-19 (b) “Identifiable component part” means a component of a motor
10-20 vehicle that may be distinguished from other similar components by a
10-21 serial number or other distinguishing number, sign or mark.
10-22 (c) “Local law enforcement agency” means:
10-23 (1) The sheriff’s office of a county;
10-24 (2) A metropolitan police department; or
10-25 (3) A police department of an incorporated city.
10-26 (d) “Parking facility” means a parking deck, parking garage, parking
10-27 structure or paved or unpaved parking lot that members of the public
10-28 regularly enter, are reasonably likely to enter, or are invited or permitted
10-29 to enter as invitees or licensees.
10-30 (e) “Terminal” means a terminal that members of the public regularly
10-31 enter, are reasonably likely to enter, or are invited or permitted to enter
10-32 as invitees or licensees.
10-33 (f) “Vehicle” has the meaning ascribed to it in NRS 482.135.
10-34 Sec. 36. 1. The department shall develop an educational program
10-35 concerning bicycle safety which must be:
10-36 (a) Suitable for children and adults; and
10-37 (b) Developed by a person who is trained in the techniques of bicycle
10-38 safety.
10-39 2. The program must be designed to:
10-40 (a) Aid bicyclists in improving their riding skills;
10-41 (b) Inform bicyclists of applicable traffic laws and encourage
10-42 observance of those laws; and
10-43 (c) Promote bicycle safety.
10-44 Sec. 37. 1. The Nevada bicycle advisory board, consisting of 14
10-45 members appointed by the governor, is hereby created.
10-46 2. The governor shall appoint to the board:
10-47 (a) Seven members who reside in various geographical areas of this
10-48 state, of which:
11-1 (1) One member must be less than 21 years of age at the time of his
11-2 appointment.
11-3 (2) One member must be representative of an organization in this
11-4 state interested in environmental issues.
11-5 (3) One member must be representative of an organization in this
11-6 state interested in the promotion of bicycling.
11-7 (4) One member must be representative of an organization in this
11-8 state involved in training persons in the safe use of bicycles.
11-9 (5) One member must own or manage a business for the sale or
11-10 repair of bicycles.
11-11 (6) Two members must be representative of the public at large.
11-12 (b) One member who is a representative of the department of
11-13 education.
11-14 (c) One member who is a representative of the division of
11-15 environmental protection of the state department of conservation and
11-16 natural resources.
11-17 (d) One member who is a representative of the division of state parks
11-18 of the state department of conservation and natural resources.
11-19 (e) One member who is a representative of the health division of the
11-20 department of human resources.
11-21 (f) One member who is a representative of the planning division of the
11-22 department of transportation.
11-23 (g) One member who is a representative of the department of public
11-24 safety.
11-25 (h) One member who is a representative of the commission on
11-26 tourism.
11-27 3. After the initial terms, the term of each member of the board
11-28 appointed pursuant to paragraph (a) of subsection 2 is 2 years. The
11-29 remaining members serve at the pleasure of the governor.
11-30 4. Members of the board must serve in that capacity without
11-31 compensation, except that necessary travel and per diem expenses may be
11-32 reimbursed, not to exceed the amounts provided for state officers and
11-33 employees generally, to the extent that money is made available for that
11-34 purpose.
11-35 Sec. 38. 1. The Nevada bicycle advisory board shall:
11-36 (a) At its first meeting and annually thereafter elect a chairman from
11-37 among its members.
11-38 (b) Meet regularly at least once each calendar quarter and may meet
11-39 at other times upon the call of the chairman.
11-40 (c) Promote programs and facilities for the safe use of bicycles in this
11-41 state.
11-42 (d) Advise appropriate agencies of the state on policies, programs and
11-43 facilities for the safe use of bicycles.
11-44 2. The board may apply for any available grants and accept and use
11-45 any gifts, grants or donations to aid the board in carrying out its duties.
11-46 3. The department of transportation shall provide secretarial services
11-47 to the board.
12-1 Sec. 39. NRS 481.015 is hereby amended to read as follows:
12-2 481.015 [As] Except as otherwise provided in sections 2 to 38,
12-3 inclusive, of this act and chapter 486A of NRS, as used in this Title,
12-4 unless the context otherwise requires:
12-5 1. “Department” means the department of motor vehicles . [and public
12-6 safety.]
12-7 2. “Director” means the director of the department of motor vehicles .
12-8 [and public safety.]
12-9 Sec. 40. NRS 481.019 is hereby amended to read as follows:
12-10 481.019 1. The department of motor vehicles [and public safety] is
12-11 hereby created.
12-12 2. The department is vested with the powers and authority provided in
12-13 this chapter and shall carry out the purposes of this chapter.
12-14 Sec. 41. NRS 481.023 is hereby amended to read as follows:
12-15 481.023 1. Except as otherwise provided therein, the department
12-16 shall execute, administer and enforce, and perform the functions and duties
12-17 provided in:
12-18 [1. Title 43 of NRS relating to vehicles.
12-19 2.] (a) Chapter 108 of NRS, and perform such duties and exercise
12-20 such powers relating to liens on vehicles as may be conferred upon it
12-21 pursuant to chapter 108 of NRS or the provisions of any other law.
12-22 (b) Chapters 366 and 371 of NRS, relating to the imposition and
12-23 collection of taxes on motor fuels.
12-24 (c) Chapters 481, 482 to 486, inclusive, and 487 of NRS, relating to
12-25 motor vehicles.
12-26 (d) Chapter 706 of NRS relating to licensing of motor vehicle carriers
12-27 and the use of public highways by those carriers.
12-28 [3. Chapter 366 of NRS relating to imposition and collection of taxes
12-29 on special fuels used for motor vehicles.
12-30 4. Chapter 453 of NRS relating to controlled substances and chapter
12-31 454 of NRS relating to dangerous drugs.
12-32 5. Chapter 459 of NRS relating to the transportation of hazardous
12-33 materials.
12-34 6. Chapter 414 of NRS relating to emergency management.
12-35 7. Chapter 477 of NRS relating to the state fire marshal.
12-36 8. Chapters 176A and 213 of NRS relating to parole and probation.
12-37 9.] (e) The provisions of NRS 426.401 to 426.461, inclusive.
12-38 2. The department shall perform such other duties and exercise such
12-39 other powers as may be conferred upon the department.
12-40 Sec. 42. NRS 481.023 is hereby amended to read as follows:
12-41 481.023 1. Except as otherwise provided therein, the department
12-42 shall execute, administer and enforce, and perform the functions and duties
12-43 provided in:
12-44 (a) Chapter 108 of NRS, and perform such duties and exercise such
12-45 powers relating to liens on vehicles as may be conferred upon it pursuant to
12-46 chapter 108 of NRS or the provisions of any other law.
12-47 (b) Chapters 360A, 365, 366 , [and] 371 and 373 of NRS, relating to the
12-48 imposition and collection of taxes on motor fuels.
13-1 (c) Chapters 481, 482 to 486, inclusive, and 487 of NRS, relating to
13-2 motor vehicles.
13-3 (d) Chapter 706 of NRS relating to licensing of motor vehicle carriers
13-4 and the use of public highways by those carriers.
13-5 (e) The provisions of NRS 426.401 to 426.461, inclusive.
13-6 2. The department shall perform such other duties and exercise such
13-7 other powers as may be conferred upon the department.
13-8 Sec. 43. NRS 481.027 is hereby amended to read as follows:
13-9 481.027 [1.] The department of motor vehicles [and public safety]
13-10 shall control the manner and type of use of the state highways by the
13-11 public, and the department of transportation shall control the physical
13-12 aspects of the state highways.
13-13 [2. The functions of the department of motor vehicles and public safety
13-14 concerning highway safety must not be duplicated by any other agency,
13-15 department, commission or officer of the State of Nevada.]
13-16 Sec. 44. NRS 481.031 is hereby amended to read as follows:
13-17 481.031 The office of director of the department of motor vehicles
13-18 [and public safety] is hereby created.
13-19 Sec. 45. NRS 481.035 is hereby amended to read as follows:
13-20 481.035 1. The director:
13-21 (a) Is appointed by and serves at the pleasure of the governor[. He
13-22 must be selected] ;
13-23 (b) Must be appointed with special reference to his training, experience,
13-24 capacity and interest in the field of administration or the administering of
13-25 laws relating to motor vehicles ; [and public safety.
13-26 (b) Is entitled to hold office for a term of 4 years from and after his
13-27 appointment or until his successor is appointed.]
13-28 (c) Is in the unclassified service of the state[.] ; and
13-29 (d) Shall devote his entire time and attention to the business of his
13-30 office and shall not pursue any other business or occupation or hold any
13-31 other office of profit.
13-32 2. The director may , within the limits of legislative appropriations,
13-33 employ [two deputy directors, one responsible for the administration of the
13-34 laws relating to motor vehicles and one responsible for the administration
13-35 of the laws relating to public safety. Each deputy:] such deputy directors
13-36 as may be needed for the administration of the department. A deputy
13-37 director:
13-38 (a) Must be [selected] appointed with special reference to his training,
13-39 experience, capacity and interest in the field of [his responsibility.]
13-40 administration or the administering of laws relating to motor vehicles;
13-41 (b) Is in the unclassified service of the state ; [.]
13-42 (c) Except as otherwise provided in NRS 284.143, shall devote his
13-43 entire time and attention to the business of his office and shall not pursue
13-44 any other business or occupation or hold any other office of profit[.] ;
13-45 (d) Shall administer the laws relating to motor vehicles and the
13-46 licensing of drivers, as provided in NRS 481.0475, 481.048 and 481.0481;
13-47 and
14-1 (e) Shall maintain records and other information relating to motor
14-2 vehicles and the licensing of drivers, as provided in NRS 481.0475,
14-3 481.048 and 481.0481.
14-4 3. The director may employ, within the limits of legislative
14-5 appropriations, such administrators, managers, specialists, investigators
14-6 and staff, who are employed in the classified service of the state, as the
14-7 director determines to be necessary to carry out the duties of the
14-8 department.
14-9 Sec. 46. NRS 481.0473 is hereby amended to read as follows:
14-10 481.0473 [1.] The department consists of:
14-11 [(a) A motor vehicles branch that includes:
14-12 (1)] 1. A division of the office of the director;
14-13 2. A division of compliance enforcement[.
14-14 (2)] ;
14-15 3. A division of field services[.
14-16 (3)] ;
14-17 4. A division of central services and records[.
14-18 (4)] ;
14-19 5. A division of management services and programs[.
14-20 (b) A public safety branch that includes:
14-21 (1) A Nevada highway patrol division.
14-22 (2) An administrative services division.
14-23 (3) An investigation division.
14-24 (4) A division of emergency management.
14-25 (5) A state fire marshal division.
14-26 (6) A division of parole and probation.
14-27 (7) A capitol police division.
14-28 (8) A training division.
14-29 (c) Such other branches or divisions as the director may from time to
14-30 time establish.
14-31 2. Before he reorganizes the department, the director shall obtain the
14-32 approval of:
14-33 (a) The legislature, if it is in regular session; or
14-34 (b) The interim finance committee, if the legislature is not in regular
14-35 session.] ;
14-36 6. A division of information technology; and
14-37 7. An administrative services division.
14-38 Sec. 47. NRS 481.0475 is hereby amended to read as follows:
14-39 481.0475 [1. Any change in the organization of the department may
14-40 include the branches, divisions, functions and responsibilities described in
14-41 subsection 2 but must not include those described in paragraphs (d), (g)
14-42 and (h) of that subsection.
14-43 2. Unless the organization of the department is changed by the
14-44 director, the primary functions and responsibilities of the specified
14-45 branches and divisions of the department are as follows:
14-46 (a) The motor vehicles branch shall:
14-47 (1) Execute, administer and enforce the provisions of chapter 482 of
14-48 NRS and perform such duties and exercise such powers as may be
15-1 conferred upon it pursuant to chapter 482 of NRS and the provisions of any
15-2 other laws;
15-3 (2) Execute and administer the laws relative to the licensing of motor
15-4 vehicle carriers and the use of public highways by those carriers as
15-5 contained in chapter 706 of NRS;
15-6 (3) Perform such duties and exercise such powers as may be
15-7 conferred upon it pursuant to chapter 706 of NRS;
15-8 (4) Execute and administer the provisions of chapter 366 of NRS,
15-9 relating to the imposition and collection of taxes on special fuels used for
15-10 motor vehicles;
15-11 (5) Perform such duties and exercise such powers as may be
15-12 conferred upon it pursuant to chapter 366 of NRS;
15-13 (6) Execute, administer and enforce the provisions of chapter 483 of
15-14 NRS and perform such duties and exercise such powers as may be
15-15 conferred upon it pursuant to chapter 483 of NRS;
15-16 (7) Execute, administer and enforce the provisions of chapter 485 of
15-17 NRS and perform such duties and exercise such powers as may be
15-18 conferred upon it pursuant to chapter 485 of NRS;
15-19 (8) Execute, administer and enforce the laws relating to the licensing
15-20 of drivers of motorcycles and similar vehicles in accordance with the
15-21 provisions of chapter 486 of NRS;
15-22 (9) Execute, administer and enforce the provisions of chapter 487 of
15-23 NRS and perform such duties and exercise such powers as may be
15-24 conferred upon it pursuant to chapter 487 of NRS; and
15-25 (10) Execute, administer and enforce the provisions of chapter 108 of
15-26 NRS and perform such duties and exercise such powers relating to liens on
15-27 vehicles as may be conferred upon it pursuant to chapter 108 of NRS or the
15-28 provisions of any other laws.
15-29 (b)] The administrative services division shall furnish fiscal, accounting
15-30 and other administrative services to the director and the various [branches
15-31 and] divisions, and advise and assist the director and the various [branches
15-32 and] divisions in carrying out their functions and responsibilities.
15-33 [(c) The investigation division shall:
15-34 (1) Execute, administer and enforce the provisions of chapter 453 of
15-35 NRS relating to controlled substances and chapter 454 of NRS relating to
15-36 dangerous drugs;
15-37 (2) Assist the secretary of state in carrying out an investigation
15-38 pursuant to NRS 293.124; and
15-39 (3) Perform such duties and exercise such powers as may be
15-40 conferred upon it pursuant to this chapter and any other laws.
15-41 (d) The Nevada highway patrol division shall execute, administer and
15-42 enforce the provisions of chapter 484 of NRS and perform such duties and
15-43 exercise such powers as may be conferred upon it pursuant to NRS
15-44 481.180 and the provisions of any other laws.
15-45 (e) The division of emergency management shall execute, administer
15-46 and enforce the provisions of chapter 414 of NRS and perform such duties
15-47 and exercise such powers as may be conferred upon it pursuant to chapter
15-48 414 of NRS and the provisions of any other laws.
16-1 (f) The state fire marshal division shall execute, administer and enforce
16-2 the provisions of chapter 477 of NRS and perform such duties and exercise
16-3 such powers as may be conferred upon it pursuant to chapter 477 of NRS
16-4 and the provisions of any other laws.
16-5 (g) The division of parole and probation shall execute, administer and
16-6 enforce the provisions of chapters 176A and 213 of NRS relating to parole
16-7 and probation and perform such duties and exercise such powers as may be
16-8 conferred upon it pursuant to those chapters and the provisions of any other
16-9 laws.
16-10 (h) The capitol police division shall assist the chief of the buildings and
16-11 grounds division of the department of administration in the enforcement of
16-12 subsection 1 of NRS 331.140.
16-13 (i) The training division shall provide training to the employees of the
16-14 department.]
16-15 Sec. 48. NRS 481.048 is hereby amended to read as follows:
16-16 481.048 1. [There is hereby created, within the motor vehicles
16-17 branch of the department, a division of compliance enforcement.
16-18 2.] The director shall appoint, within the limits of legislative
16-19 appropriations, investigators for the division[.
16-20 3.] of compliance enforcement.
16-21 2. The duties of the investigators are to travel the state and:
16-22 (a) Act as investigators in the enforcement of the provisions of chapters
16-23 482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to
16-24 108.500, inclusive, as those sections pertain to motor vehicles, trailers,
16-25 motorcycles, recreational vehicles and semitrailers, as defined in chapter
16-26 482 of NRS.
16-27 (b) Act as [adviser] advisers to dealers in connection with any problems
16-28 arising under the provisions of [that chapter.] chapter 482 of NRS.
16-29 (c) Cooperate with personnel of the Nevada highway patrol in the
16-30 enforcement of the motor vehicle laws as they pertain to dealers.
16-31 (d) Act as investigators in the enforcement of the provisions of NRS
16-32 483.700 to 483.780, inclusive, relating to the licensing of schools and
16-33 instructors for training drivers.
16-34 (e) Perform such other duties as may be imposed by the director.
16-35 Sec. 49. NRS 481.0481 is hereby amended to read as follows:
16-36 481.0481 1. There is hereby created[, within the motor vehicles
16-37 branch of] within the department[,] a section for the control of emissions
16-38 from vehicles.
16-39 2. The director shall appoint, within the limits of legislative
16-40 appropriations, investigators, officers and technicians for the control of
16-41 emissions from vehicles.
16-42 3. The duties of the investigators, officers and technicians are to travel
16-43 the state and:
16-44 (a) Act as agents and inspectors in the enforcement of the provisions of
16-45 NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS, and NRS
16-46 484.644 and 484.6441.
16-47 (b) Cooperate with the division of environmental protection of the state
16-48 department of conservation and natural resources in all matters pertaining
16-49 to the control of emissions from vehicles.
17-1 (c) Perform such other duties as may be imposed by the director.
17-2 Sec. 50. NRS 481.051 is hereby amended to read as follows:
17-3 481.051 1. The director shall direct and supervise all administrative
17-4 and technical activities of the department. [He shall devote his entire time
17-5 to the duties of his office, and shall not follow other gainful employment or
17-6 occupation.]
17-7 2. The director may organize the department into various divisions,
17-8 alter the organization and reassign responsibilities and duties as he deems
17-9 appropriate.
17-10 3. The director shall:
17-11 (a) Formulate the policy of the department and the various divisions
17-12 thereof.
17-13 (b) Coordinate the activities of the various divisions of the department.
17-14 (c) Adopt such regulations consistent with law as he deems necessary
17-15 for the operation of the department and the enforcement of all laws
17-16 administered by the department.
17-17 4. The director may appoint vendors to serve as agents of the
17-18 department to sell temporary permits. The vendor shall collect the fees for
17-19 the permits issued pursuant to chapter 706 of NRS[,] and pay them to the
17-20 department. The vendor shall guarantee payment by giving a bond in an
17-21 amount not less than $25,000, executed by the vendor as principal, and by
17-22 a corporation qualified pursuant to the laws of this state as surety, payable
17-23 to the State of Nevada. In lieu of a bond, the vendor may deposit with the
17-24 state treasurer a like amount of lawful money of the United States or any
17-25 other form of security authorized by NRS 100.065. If security is provided
17-26 in the form of a savings certificate, certificate of deposit or investment
17-27 certificate, the certificate must state that the amount is not available for
17-28 withdrawal except upon [order] approval of the director. [The] Upon
17-29 approval of the governor, the director may appoint inspectors of the
17-30 transportation services authority and personnel of the Nevada highway
17-31 patrol division of the department of public safety to serve without
17-32 remuneration as vendors for the purposes of this subsection.
17-33 5. The director may delegate to the officers and employees of the
17-34 department such authorities and responsibilities not otherwise delegated by
17-35 law as he deems necessary for the efficient conduct of the business of the
17-36 department.
17-37 Sec. 51. NRS 481.057 is hereby amended to read as follows:
17-38 481.057 In [counties with a population in excess of 100,000,] a county
17-39 whose population is 100,000 or more, the director may arrange for the
17-40 office of the [motor vehicles branch of the] department to remain open on
17-41 Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.
17-42 Sec. 52. NRS 481.083 is hereby amended to read as follows:
17-43 481.083 1. [Except for the operation of the investigation division, the
17-44 division of emergency management, the state fire marshal division, the
17-45 division of parole and probation, and the capitol police division of the
17-46 department, money] Money for the administration of the provisions of this
17-47 chapter must be provided by direct legislative appropriation from the state
17-48 highway fund upon the presentation of budgets in the manner required by
17-49 law.
18-1 2. All money provided for the support of the department and its
18-2 various divisions must be paid out on claims approved by the director in
18-3 the same manner as other claims against the state are paid.
18-4 Sec. 53. NRS 481.087 is hereby amended to read as follows:
18-5 481.087 [1. Except as otherwise provided in subsection 2, the] The
18-6 expenses incurred in the administration of this chapter and in the
18-7 administration of the powers and duties provided in this chapter shall be
18-8 deemed to be a cost of administration with respect to the operation of
18-9 motor vehicles upon the public highways of this state.
18-10 [2. The provisions of subsection 1 do not apply to the expenses
18-11 incurred in the administration of:
18-12 (a) The investigation division;
18-13 (b) The division of emergency management;
18-14 (c) The state fire marshal division;
18-15 (d) The division of parole and probation; and
18-16 (e) The capitol police division,
18-17 of the department.]
18-18 Sec. 54. NRS 482.267 is hereby amended to read as follows:
18-19 482.267 The director shall utilize the facility for the production of
18-20 license plates which is located at the department of prisons to produce all
18-21 license plates required by the department of motor vehicles . [and public
18-22 safety.]
18-23 Sec. 55. NRS 482.313 is hereby amended to read as follows:
18-24 482.313 1. Upon the lease of a passenger car by a short-term lessor
18-25 in this state, the short-term lessor shall charge and collect from the short-
18-26 term lessee a fee of 6 percent of the total amount for which the passenger
18-27 car was leased, excluding any taxes or other fees imposed by a
18-28 governmental entity. The amount of the fee must be indicated in the lease
18-29 agreement.
18-30 2. On or before January 31 of each year, the short-term lessor shall:
18-31 (a) File with the department of taxation and the department of motor
18-32 vehicles , [and public safety,] on a form prescribed by the department of
18-33 taxation, a report indicating the total amount of:
18-34 (1) Fees collected by the short-term lessor during the immediately
18-35 preceding year pursuant to this section; and
18-36 (2) Vehicle licensing fees and taxes paid by the short-term lessor
18-37 during the immediately preceding year pursuant to this chapter.
18-38 (b) Remit to the department of taxation:
18-39 (1) One-third of the fees collected by the short-term lessor during the
18-40 immediately preceding year pursuant to this section; and
18-41 (2) Of the remainder of those fees, any amount in excess of the total
18-42 amount of vehicle licensing fees and taxes paid by the short-term lessor
18-43 during the immediately preceding year pursuant to this chapter.
18-44 3. The department of taxation shall deposit all money received from
18-45 short-term lessors pursuant to the provisions of this section with the state
18-46 treasurer for credit to the state general fund.
18-47 4. To ensure compliance with this section, the department of taxation
18-48 may audit the records of a short-term lessor.
19-1 5. The provisions of this section do not limit or affect the payment of
19-2 any taxes or fees imposed pursuant to the provisions of this chapter.
19-3 6. The department of motor vehicles [and public safety] shall, upon
19-4 request, provide to the department of taxation any information in its
19-5 records relating to a short-term lessor that the department of taxation
19-6 considers necessary to collect the fee required by this section.
19-7 7. As used in this section, “vehicle licensing fees and taxes” means:
19-8 (a) The fees paid by a short-term lessor for the registration of, and the
19-9 issuance of certificates of title for, the passenger cars leased by him; and
19-10 (b) The basic and supplemental privilege taxes paid by the short-term
19-11 lessor with regard to those passenger cars.
19-12 Sec. 56. NRS 482.334 is hereby amended to read as follows:
19-13 482.334 1. Before commencing the provision of services to a
19-14 prospective buyer, a broker shall execute a written brokerage agreement
19-15 with the prospective buyer.
19-16 2. A brokerage agreement executed pursuant to subsection 1 must be
19-17 in at least 10-point type and must include:
19-18 (a) The name, address, license number and telephone number of the
19-19 broker.
19-20 (b) A complete description of the vehicle, including, but not limited to,
19-21 the make, model, year and color of the vehicle.
19-22 (c) A specific statement of:
19-23 (1) The amount of the purchase price of the vehicle; and
19-24 (2) The date on which the brokerage agreement expires, if an
19-25 agreement with a vehicle dealer to purchase a vehicle has not been signed.
19-26 (d) One of the following statements, as applicable for the particular
19-27 transaction, printed in at least 10-point bold type and placed immediately
19-28 below the statement required by paragraph (c):
19-29 (1) The broker does not receive a fee from the dealer which is selling
19-30 this vehicle.
19-31 (2) The broker does receive a fee from the dealer which is selling this
19-32 vehicle.
19-33 (e) A notice on the face of the brokerage agreement with a title in at
19-34 least 14-point bold type and the text in at least 10-point bold type in
19-35 substantially the following form:
19-36 NOTICE
19-37 This is an agreement to provide services; it is not an agreement for
19-38 the purchase of a vehicle. The laws of the State of Nevada provide
19-39 you with the following rights and protection:
19-40 1. Once you have signed this agreement, you have the right to
19-41 cancel it and receive a full refund of any money that you paid under
19-42 any of the following circumstances:
19-43 (a) The final price of the vehicle exceeds the purchase price stated
19-44 in this agreement.
19-45 (b) The vehicle, upon delivery, does not match the description
19-46 provided in this agreement.
20-1 (c) This agreement expired before you were presented with an
20-2 agreement to purchase the vehicle from a dealer.
20-3 2. If you have paid a deposit to purchase the vehicle, you have the
20-4 right to receive a full refund of that deposit at any time before you
20-5 sign an agreement to purchase the vehicle with a dealer. The amount
20-6 of any deposit to purchase a vehicle must not exceed 10 percent of the
20-7 purchase price of the vehicle and must be deposited by the broker in a
20-8 federally insured trust account.
20-9 3. If you are unable to resolve a dispute with your broker, please
20-10 contact your local office of the department of motor vehicles . [and
20-11 public safety.]
20-12 (f) The date of execution of the brokerage agreement.
20-13 (g) The signatures of the broker and the prospective buyer.
20-14 3. A broker shall retain copies of any brokerage agreement executed
20-15 pursuant to this section for 3 years.
20-16 Sec. 57. NRS 482.36662 is hereby amended to read as follows:
20-17 482.36662 1. A used vehicle dealer who sells to a retail customer a
20-18 used vehicle the odometer of which registers 75,000 miles or more shall
20-19 provide to that retail customer an express written warranty which complies
20-20 with the requirements set forth in subsection 2 and is valid for the period
20-21 set forth in the schedule of warranties created pursuant to NRS 482.36663,
20-22 if the used vehicle dealer is the subject of more than three substantiated
20-23 complaints filed against him with the department of motor vehicles [and
20-24 public safety] during a 12-month period.
20-25 2. An express written warranty required pursuant to subsection 1 must
20-26 contain a statement that, in the event the operation of the used vehicle
20-27 becomes impaired as a result of a defect in a component or system of the
20-28 vehicle’s engine or drivetrain, the used vehicle dealer shall, with
20-29 reasonable promptness, correct the defect or cause the defect to be
20-30 corrected.
20-31 Sec. 58. NRS 482.368 is hereby amended to read as follows:
20-32 482.368 1. Except as otherwise provided in subsection 2, the
20-33 department shall provide suitable distinguishing license plates for exempt
20-34 vehicles. These plates must be displayed on the vehicles in the same
20-35 manner as provided for privately owned vehicles. The fee for the issuance
20-36 of the plates is $5. Any license plates authorized by this section must be
20-37 immediately returned to the department when the vehicle for which they
20-38 were issued ceases to be used exclusively for the purpose for which it was
20-39 exempted from the privilege tax.
20-40 2. License plates furnished for:
20-41 (a) Those vehicles which are maintained for and used by the governor
20-42 or under the authority and direction of the chief parole and probation
20-43 officer, the state contractors’ board and auditors, the state fire marshal, the
20-44 investigation division of the department of public safety and any
20-45 authorized federal law enforcement agency or law enforcement agency
20-46 from another state;
20-47 (b) One vehicle used by the department of prisons, three vehicles used
20-48 by the division of wildlife of the state department of conservation and
21-1 natural resources, two vehicles used by the Caliente youth center and four
21-2 vehicles used by the Nevada youth training center;
21-3 (c) Vehicles of a city, county or the state, if authorized by the
21-4 department for the purposes of law enforcement or work related thereto or
21-5 such other purposes as are approved upon proper application and
21-6 justification; and
21-7 (d) Vehicles maintained for and used by investigators of the following:
21-8 (1) The state gaming control board;
21-9 (2) The state department of agriculture;
21-10 (3) The attorney general;
21-11 (4) City or county juvenile officers;
21-12 (5) District attorneys’ offices;
21-13 (6) Public administrators’ offices;
21-14 (7) Public guardians’ offices;
21-15 (8) Sheriffs’ offices;
21-16 (9) Police departments in the state; and
21-17 (10) The securities division of the office of the secretary of
state,
21-18 must not bear any distinguishing mark which would serve to identify the
21-19 vehicles as owned by the state, county or city. These license plates must be
21-20 issued annually for $12 per plate or, if issued in sets, per set.
21-21 3. The director may enter into agreements with departments of motor
21-22 vehicles of other states providing for exchanges of license plates of regular
21-23 series for vehicles maintained for and used by investigators of the law
21-24 enforcement agencies enumerated in paragraph (d) of subsection 2, subject
21-25 to all of the requirements imposed by that paragraph, except that the fee
21-26 required by that paragraph must not be charged.
21-27 4. Applications for the licenses must be made through the head of the
21-28 department, board, bureau, commission, school district or irrigation
21-29 district, or through the chairman of the board of county commissioners of
21-30 the county or town or through the mayor of the city, owning or controlling
21-31 the vehicles, and no plate or plates may be issued until a certificate has
21-32 been filed with the department showing that the name of the department,
21-33 board, bureau, commission, county, city, town, school district or irrigation
21-34 district, as the case may be, and the words “For Official Use Only” have
21-35 been permanently and legibly affixed to each side of the vehicle, except
21-36 those vehicles enumerated in subsection 2.
21-37 5. As used in this section, “exempt vehicle” means a vehicle exempt
21-38 from the privilege tax, except a vehicle owned by the United States.
21-39 6. The department shall adopt regulations governing the use of all
21-40 license plates provided for in this section. Upon a finding by the
21-41 department of any violation of its regulations, it may revoke the violator’s
21-42 privilege of registering vehicles pursuant to this section.
21-43 Sec. 59. NRS 482.3843 is hereby amended to read as follows:
21-44 482.3843 1. The chief of a volunteer fire department may apply to
21-45 the department of motor vehicles [and public safety] for the issuance of a
21-46 placard for a member of the volunteer fire department or a volunteer
21-47 emergency medical technician associated with the department. The
21-48 application must:
22-1 (a) Be submitted on a form approved by the department of motor
22-2 vehicles ; [and public safety;] and
22-3 (b) Include:
22-4 (1) The name of the volunteer fire department;
22-5 (2) The county in which the volunteer fire department is located; and
22-6 (3) The number of placards requested.
22-7 2. Upon receipt of an application pursuant to the provisions of
22-8 subsection 1, the department of motor vehicles [and public safety] shall
22-9 prepare and issue the number of placards requested in the application. The
22-10 placards must be yellow in color and must have appropriate mounting
22-11 holes. The volunteer fire department is responsible for determining the
22-12 design, lettering and numbering of the placards.
22-13 3. The chief of the volunteer fire department shall establish rules:
22-14 (a) Regarding the issuance and use of the placards; and
22-15 (b) Establishing a method of establishing and maintaining records of
22-16 placards that have been issued.
22-17 4. When a member to whom a placard has been issued ceases to be a
22-18 member of the volunteer fire department, or when a volunteer emergency
22-19 medical technician to whom a placard has been issued ceases to be
22-20 associated with the department, the person shall surrender the placard to
22-21 the chief of the volunteer fire department from which he received the
22-22 placard.
22-23 5. A placard issued pursuant to the provisions of this section may not
22-24 be used in lieu of a license plate otherwise required by this chapter.
22-25 6. The department of motor vehicles [and public safety] shall not
22-26 charge a fee for the issuance of the placards pursuant to this section.
22-27 Sec. 60. NRS 483.340 is hereby amended to read as follows:
22-28 483.340 1. The department shall upon payment of the required fee
22-29 issue to every qualified applicant a driver’s license indicating the type or
22-30 class of vehicles the licensee may drive. The license must bear a unique
22-31 number assigned to the licensee pursuant to NRS 483.345, the licensee’s
22-32 social security number, if he has one, unless he requests that it not appear
22-33 on the license, the full name, date of birth, mailing address, and a brief
22-34 description of the licensee, and a space upon which the licensee shall write
22-35 his usual signature in ink immediately upon receipt of the license. A
22-36 license is not valid until it has been so signed by the licensee.
22-37 2. The department may issue a driver’s license for purposes of
22-38 identification only for use by officers of local police and sheriffs’
22-39 departments, agents of the investigation division of the department of
22-40 public safety while engaged in special undercover investigations relating to
22-41 narcotics or prostitution or for other undercover investigations requiring
22-42 the establishment of a fictitious identity, federal agents while engaged in
22-43 undercover investigations, investigators employed by the attorney general
22-44 while engaged in undercover investigations and agents of the state gaming
22-45 control board while engaged in investigations pursuant to NRS 463.140.
22-46 An application for such a license must be made through the head of the
22-47 police or sheriff’s department, the chief of the investigation division[,] of
22-48 the department of public safety, the director of the appropriate federal
22-49 agency, the attorney general or the chairman of the state gaming control
23-1 board. Such a license is exempt from the fees required by NRS 483.410.
23-2 The department, by regulation, shall provide for the cancellation of any
23-3 such driver’s license upon the completion of the special investigation for
23-4 which it was issued.
23-5 3. Information pertaining to the issuance of a driver’s license pursuant
23-6 to subsection 2 is confidential.
23-7 4. It is unlawful for any person to use a driver’s license issued pursuant
23-8 to subsection 2 for any purpose other than the special investigation for
23-9 which it was issued.
23-10 5. At the time of the issuance of the driver’s license, the department
23-11 shall give the holder the opportunity to indicate on his driver’s license that
23-12 he wishes to be a donor of all or part of his body pursuant to NRS 451.500
23-13 to 451.590, inclusive, or that he refuses to make an anatomical gift of his
23-14 body or part of his body.
23-15 Sec. 61. NRS 486A.160 is hereby amended to read as follows:
23-16 486A.160 1. The department shall:
23-17 (a) Make such determinations and issue such orders as may be
23-18 necessary to carry out the provisions of this chapter;
23-19 (b) Enforce the regulations adopted by the commission pursuant to the
23-20 provisions of this chapter; and
23-21 (c) Conduct any investigation, research or study necessary to carry out
23-22 the provisions of this chapter.
23-23 2. Upon request, the department of motor vehicles [and public safety]
23-24 shall provide to the department information contained in records of
23-25 registration of motor vehicles.
23-26 Sec. 62. NRS 487.002 is hereby amended to read as follows:
23-27 487.002 1. As used in this section:
23-28 (a) “Commissioner” means the commissioner of insurance.
23-29 (b) “Department” means the department of motor vehicles . [and public
23-30 safety.]
23-31 2. The advisory board on automotive affairs, consisting of seven
23-32 members appointed by the governor, is hereby created within the division
23-33 of insurance of the department of business and industry.
23-34 3. The governor shall appoint to the board one representative of:
23-35 (a) The commissioner;
23-36 (b) The department;
23-37 (c) Licensed operators of body shops;
23-38 (d) Licensed automobile wreckers;
23-39 (e) Insurers of motor vehicles;
23-40 (f) Automobile manufacturers; and
23-41 (g) The general public.
23-42 4. After the initial terms,
each member of the board serves a term of
4 years.
23-43 The members of the board shall annually elect from among their number a
23-44 chairman and a vice chairman. The commissioner shall provide secretarial
23-45 services for the board.
23-46 5. The board shall meet regularly at least twice each year and may
23-47 meet at other times upon the call of the chairman. Each member of the
24-1 board is entitled to the per diem allowance and travel expenses provided
24-2 for state officers and employees generally.
24-3 6. Not less than 30 days before the adoption by the commissioner or
24-4 the department of any regulation pursuant to subsection 7 or otherwise
24-5 relating to the operation of body shops or automobile wreckers, the
24-6 commissioner or the director, as appropriate, shall submit the proposed
24-7 regulation to the board for its review and comment.
24-8 7. The commissioner and the department, jointly, shall adopt and the
24-9 board may propose, pursuant to NRS 233B.100, regulations to the
24-10 appropriate agency concerning:
24-11 (a) The use of new or used parts for the repair of motor vehicles and
24-12 parts that are not manufactured by the manufacturers of the motor vehicles
24-13 for which they are used.
24-14 (b) The survey methodology that may be used by an insurer to ascertain
24-15 prevailing charges for the repair of a motor vehicle.
24-16 (c) The preferred use of a business which repairs motor vehicles by an
24-17 insurer of motor vehicles.
24-18 Sec. 63. NRS 487.007 is hereby amended to read as follows:
24-19 487.007 As used in this chapter , the term “state agency” means:
24-20 1. The manufactured housing division of the department of business
24-21 and industry with regard to mobile homes and commercial coaches.
24-22 2. The department of motor vehicles [and public safety] with regard to
24-23 all other vehicles subject to registration under the laws of this state.
24-24 Sec. 64. NRS 487.230 is hereby amended to read as follows:
24-25 487.230 1. Any sheriff, constable, member of the Nevada highway
24-26 patrol, officer of the legislative police, investigator of the division of
24-27 compliance enforcement of the [motor vehicles branch of the] department,
24-28 personnel of the capitol police division of the department[,] of public
24-29 safety, designated employees of the manufactured housing division of the
24-30 department of business and industry, special investigator employed by the
24-31 office of a district attorney, marshal or policeman of a city or town, or a
24-32 marshal or park ranger who is part of a unit of specialized law enforcement
24-33 established pursuant to NRS 280.125 who has reason to believe that a
24-34 vehicle has been abandoned on public property in his jurisdiction may
24-35 remove the vehicle from that property. At the request of the owner or
24-36 person in possession or control of private property who has reason to
24-37 believe that a vehicle has been abandoned on his property, the vehicle may
24-38 be removed by the operator of a tow car or an automobile wrecker from
24-39 that private property.
24-40 2. A person who authorizes the removal of an abandoned vehicle
24-41 pursuant to subsection 1 shall:
24-42 (a) Have the vehicle taken to the nearest garage or other place
24-43 designated for storage by:
24-44 (1) The state agency or political subdivision making the request, if
24-45 the vehicle is removed from public property.
24-46 (2) The owner or person in possession or control of the property, if
24-47 the vehicle is removed from private property.
24-48 (b) Make all practical inquiries to ascertain if the vehicle is stolen by
24-49 checking the license plate number, vehicle identification number and other
25-1 available information which will aid in identifying the registered and legal
25-2 owner of the vehicle and supply the information to the person who is
25-3 storing the vehicle.
25-4 Sec. 65. NRS 487.470 is hereby amended to read as follows:
25-5 487.470 1. Only a licensed automobile wrecker, dealer of new or
25-6 used motor vehicles or rebuilder may bid to purchase a vehicle from an
25-7 operator of a salvage pool, and the operator may only sell a vehicle to such
25-8 a person. An operator shall not accept a bid from:
25-9 (a) An automobile wrecker until:
25-10 (1) He presents the card issued by the department pursuant to NRS
25-11 487.070 or other identifying card; or
25-12 (2) If he is licensed or otherwise authorized to operate as an
25-13 automobile wrecker in another state or foreign country, he presents
25-14 evidence of that licensure or authorization and has registered with the
25-15 operator pursuant to subsection 2; or
25-16 (b) A dealer of new or used motor vehicles or a rebuilder until:
25-17 (1) He presents the card issued by the department pursuant to NRS
25-18 487.475 or other identifying card; or
25-19 (2) If he is licensed or otherwise authorized to operate as a dealer of
25-20 new or used motor vehicles or as a rebuilder in another state or foreign
25-21 country, he presents evidence of that licensure or authorization and has
25-22 registered with the operator pursuant to subsection 2.
25-23 2. Any automobile wrecker, dealer of new or used motor vehicles or
25-24 rebuilder who is licensed or otherwise authorized to operate in another
25-25 state or foreign country shall register with each operator of a salvage pool
25-26 with whom he bids to purchase vehicles, by filing with the operator copies
25-27 of his license or other form of authorization from the other state or country,
25-28 and his driver’s license, business license, certificate evidencing the filing of
25-29 a bond, resale certificate and proof of social security or tax identification
25-30 number, if such documentation is required for licensure in the other state or
25-31 country. Each operator of a salvage pool shall keep such copies at his place
25-32 of business and in a manner so that they are easily accessible and open to
25-33 inspection by employees of the department of motor vehicles [and public
25-34 safety] and to officers of law enforcement agencies in this state.
25-35 Sec. 66. NRS 14.070 is hereby amended to read as follows:
25-36 14.070 1. The use and operation of a motor vehicle over the public
25-37 roads, streets or highways, or in any other area open to the public and
25-38 commonly used by motor vehicles, in the State of Nevada by any person,
25-39 either as principal, master, agent or servant, shall be deemed an
25-40 appointment by the operator, on behalf of himself and his principal or
25-41 master, his executor, administrator or personal representative, of the
25-42 director of the department of motor vehicles [and public safety] to be his
25-43 true and lawful attorney upon whom may be served all legal process in any
25-44 action or proceeding against him, his principal or master, his executor,
25-45 administrator or personal representative, growing out of such use or
25-46 resulting in damage or loss to person or property, and the use or operation
25-47 signifies his agreement that any process against him which is so served has
25-48 the same legal force and validity as though served upon him personally
25-49 within the State of Nevada.
26-1 2. Service of process must be made by leaving a copy of the process
26-2 with a fee of $5 in the hands of the director of the department of motor
26-3 vehicles [and public safety] or in his office, and the service shall be
26-4 deemed sufficient upon the operator if notice of service and a copy of the
26-5 process is sent by registered or certified mail by the plaintiff to the
26-6 defendant at the address supplied by the defendant in his accident report, if
26-7 any, and if not, at the best address available to the plaintiff, and a return
26-8 receipt signed by the defendant or a return of the United States Postal
26-9 Service stating that the defendant refused to accept delivery or could not be
26-10 located, or that the address was insufficient, and the plaintiff’s affidavit of
26-11 compliance therewith are attached to the original process and returned and
26-12 filed in the action in which it was issued. Personal service of notice and a
26-13 copy of the process upon the defendant, wherever found outside of this
26-14 state, by any person qualified to serve like process in the State of Nevada is
26-15 the equivalent of mailing, and may be proved by the affidavit of the person
26-16 making the personal service appended to the original process and returned
26-17 and filed in the action in which it was issued.
26-18 3. The court in which the action is pending may order such
26-19 continuances as may be necessary to afford the defendant reasonable
26-20 opportunity to defend the action.
26-21 4. The fee of $5 paid by the plaintiff to the director of the department
26-22 of motor vehicles [and public safety] at the time of the service must be
26-23 taxed in his costs if he prevails in the suit. The director of the department
26-24 of motor vehicles [and public safety] shall keep a record of all service of
26-25 process, including the day and hour of service.
26-26 5. The foregoing provisions of this section with reference to the
26-27 service of process upon an operator defendant are not exclusive, except if
26-28 the operator defendant is found within the State of Nevada, he must be
26-29 served with process in the State of Nevada.
26-30 6. The provisions of this section apply to nonresident motorists and to
26-31 resident motorists who have left the state or cannot be found within the
26-32 state following an accident which is the subject of an action for which
26-33 process is served pursuant to this section.
26-34 Sec. 67. NRS 50.315 is hereby amended to read as follows:
26-35 50.315 1. Except as otherwise provided in subsections 6 and 7, the
26-36 affidavit or declaration of a person is admissible in evidence in any
26-37 criminal or administrative proceeding to prove:
26-38 (a) That the affiant or declarant has been certified by the director of the
26-39 department of [motor vehicles and] public safety as being competent to
26-40 operate devices of a type certified by the committee on testing for
26-41 intoxication as accurate and reliable for testing a person’s breath to
26-42 determine the concentration of alcohol in his breath;
26-43 (b) The identity of a person from whom the affiant or declarant obtained
26-44 a sample of breath; and
26-45 (c) That the affiant or declarant tested the sample using a device of a
26-46 type so certified and that the device was functioning properly.
26-47 2. Except as otherwise provided in subsections 6 and 7, the affidavit or
26-48 declaration of a person who prepared a chemical solution or gas that has
26-49 been used in calibrating a device for testing another’s breath to determine
27-1 the concentration of alcohol in his breath is admissible in evidence in any
27-2 criminal or administrative proceeding to prove:
27-3 (a) The occupation of the affiant or declarant; and
27-4 (b) That the solution or gas has the chemical composition necessary for
27-5 accurately calibrating it.
27-6 3. Except as otherwise provided in subsections 6 and 7, the affidavit or
27-7 declaration of a person who calibrates a device for testing another’s breath
27-8 to determine the concentration of alcohol in his breath is admissible in
27-9 evidence in any criminal or administrative proceeding to prove:
27-10 (a) The occupation of the affiant or declarant;
27-11 (b) That on a specified date the affiant or declarant calibrated the device
27-12 at a named law enforcement agency by using the procedures and
27-13 equipment prescribed in the regulations of the committee on testing for
27-14 intoxication;
27-15 (c) That the calibration was performed within the period required by the
27-16 committee’s regulations; and
27-17 (d) Upon completing the calibration of the device, it was operating
27-18 properly.
27-19 4. Except as otherwise provided in subsections 6 and 7, the affidavit or
27-20 declaration made under the penalty of perjury of a person who withdraws a
27-21 sample of blood from another for analysis by an expert as set forth in NRS
27-22 50.320 is admissible in any criminal or administrative proceeding to prove:
27-23 (a) The occupation of the affiant or declarant;
27-24 (b) The identity of the person from whom the affiant or declarant
27-25 withdrew the sample;
27-26 (c) The fact that the affiant or declarant kept the sample in his sole
27-27 custody or control and in substantially the same condition as when he first
27-28 obtained it until delivering it to another; and
27-29 (d) The identity of the person to whom the affiant or declarant delivered
27-30 it.
27-31 5. Except as otherwise provided in subsections 6 and 7, the affidavit or
27-32 declaration of a person who receives from another a sample of blood or
27-33 urine or other tangible evidence that is alleged to contain alcohol or a
27-34 controlled substance, chemical, poison, organic solvent or another
27-35 prohibited substance may be admitted in any criminal, civil or
27-36 administrative proceeding to prove:
27-37 (a) The occupation of the affiant or declarant;
27-38 (b) The fact that the affiant or declarant received a sample or other
27-39 evidence from another person and kept it in his sole custody or control in
27-40 substantially the same condition as when he first received it until delivering
27-41 it to another; and
27-42 (c) The identity of the person to whom the affiant or declarant delivered
27-43 it.
27-44 6. If, at or before the time of the trial, the defendant establishes that:
27-45 (a) There is a substantial and bona fide dispute regarding the facts in the
27-46 affidavit or declaration; and
27-47 (b) It is in the best interests of justice that the witness who signed the
27-48 affidavit or declaration be cross-examined,
28-1 the court may order the prosecution to produce the witness and may
28-2 continue the trial for any time the court deems reasonably necessary to
28-3 receive such testimony. The time within which a trial is required is
28-4 extended by the time of the continuance.
28-5 7. During any trial in which the defendant has been accused of
28-6 committing a felony, the defendant may object in writing to admitting into
28-7 evidence an affidavit or declaration described in this section. If the
28-8 defendant makes such an objection, the court shall not admit the affidavit
28-9 or declaration into evidence and the prosecution may cause the person to
28-10 testify in court to any information contained in the affidavit or declaration.
28-11 8. The committee on testing for intoxication shall adopt regulations
28-12 prescribing the form of the affidavits and declarations described in this
28-13 section.
28-14 Sec. 68. NRS 62.211 is hereby amended to read as follows:
28-15 62.211 1. Except as otherwise provided in this chapter, if the court
28-16 finds that a child is within the purview of this chapter, it shall so decree and
28-17 may:
28-18 (a) Place the child under supervision in his own home or in the custody
28-19 of a suitable person elsewhere, upon such conditions as the court may
28-20 determine. A program of supervision in the home may include electronic
28-21 surveillance of the child. The legislature declares that a program of
28-22 supervision that includes electronic surveillance is intended as an
28-23 alternative to commitment and not as an alternative to probation, informal
28-24 supervision or a supervision and consent decree.
28-25 (b) Commit the child to the custody of a public or private institution or
28-26 agency authorized to care for children, or place him in a home with a
28-27 family. In committing a child to a private institution or agency the court
28-28 shall select one that is required to be licensed by the department of human
28-29 resources to care for such children, or, if the institution or agency is in
28-30 another state, by the analogous department of that state. The court shall not
28-31 commit a female child to a private institution without prior approval of the
28-32 superintendent of the Caliente youth center, and shall not commit a male
28-33 child to a private institution without prior approval of the superintendent of
28-34 the Nevada youth training center.
28-35 (c) Order such medical, psychiatric, psychological or other care and
28-36 treatment as the court deems to be for the best interests of the child, except
28-37 as otherwise provided in this section.
28-38 (d) Order the parent, guardian, custodian or any other person to refrain
28-39 from continuing the conduct which, in the opinion of the court, has caused
28-40 or tended to cause the child to come within or remain under the provisions
28-41 of this chapter.
28-42 (e) If the child is less than 18 years of age, order:
28-43 (1) The parent, guardian or custodian of the child; and
28-44 (2) Any brother, sister or other person who is living in the
same household as the child over whom the court has
jurisdiction,
28-45 to attend or participate in counseling, with or without the child, including,
28-46 but not limited to, counseling regarding parenting skills, alcohol or
28-47 substance abuse, or techniques of dispute resolution.
29-1 (f) Order the parent or guardian of the child to participate in a program
29-2 designed to provide restitution to the victim of an act committed by the
29-3 child or to perform public service.
29-4 (g) Order the parent or guardian of the child to pay all or part of the cost
29-5 of the proceedings, including, but not limited to, reasonable attorney’s fees,
29-6 any costs incurred by the court and any costs incurred in the investigation
29-7 of an act committed by the child and the taking into custody of the child.
29-8 (h) Order the suspension of the child’s driver’s license for at least 90
29-9 days but not more than 2 years. If the child does not possess a driver’s
29-10 license, the court may prohibit the child from receiving a driver’s license
29-11 for at least 90 days but not more than 2 years:
29-12 (1) Immediately following the date of the order, if the child is eligible
29-13 to receive a driver’s license.
29-14 (2) After the date he becomes eligible to apply for a driver’s license,
29-15 if the child is not eligible
to receive a license on the date of the
order.
29-16 If the court issues an order suspending the driver’s license of a child
29-17 pursuant to this paragraph, the judge shall require the child to surrender to
29-18 the court all driver’s licenses then held by the child. The court shall, within
29-19 5 days after issuing the order, forward to the department of motor vehicles
29-20 [and public safety] the licenses, together with a copy of the order. If,
29-21 pursuant to this paragraph, the court issues an order delaying the ability of
29-22 a child to receive a driver’s license, the court shall, within 5 days after
29-23 issuing the order, forward to the department of motor vehicles [and public
29-24 safety] a copy of the order. The department of motor vehicles [and public
29-25 safety] shall report a suspension pursuant to this paragraph to an insurance
29-26 company or its agent inquiring about the child’s driving record, but such a
29-27 suspension must not be considered for the purpose of rating or
29-28 underwriting. The department of motor vehicles [and public safety] shall
29-29 not require the child to submit to the tests and other requirements which are
29-30 adopted by regulation pursuant to subsection 1 of NRS 483.495 as a
29-31 condition of reinstatement or reissuance after a suspension of his license
29-32 pursuant to this paragraph, unless the suspension resulted from his poor
29-33 performance as a driver.
29-34 (i) Place the child, when he is not in school, under the supervision of:
29-35 (1) A public organization to work on public projects;
29-36 (2) A public agency to work on projects to eradicate graffiti; or
29-37 (3) A private nonprofit organization to perform other public
service.
29-38 The person under whose supervision the child is placed shall keep the child
29-39 busy and well supervised and shall make such reports to the court as it may
29-40 require. As a condition of such a placement, the court may require the child
29-41 or his parent or guardian to deposit with the court a reasonable sum of
29-42 money to pay for the cost of policies of insurance against liability for
29-43 personal injury and damage to property or for industrial insurance, or both,
29-44 during those periods in which he performs the work, unless, in the case of
29-45 industrial insurance, it is provided by the organization or agency for which
29-46 he performs the work.
30-1 (j) Permit the child to reside in a residence without the immediate
30-2 supervision of an adult, or exempt the child from mandatory attendance at
30-3 school so that the child may be employed full time, or both, if the child is
30-4 at least 16 years of age, has demonstrated the capacity to benefit from this
30-5 placement or exemption and is under the strict supervision of the juvenile
30-6 division.
30-7 (k) Require the child to provide restitution to the victim of the crime
30-8 which the child has committed.
30-9 (l) Impose a fine on the child. If a fine is imposed, the court shall
30-10 impose an administrative assessment pursuant to NRS 62.2175.
30-11 (m) If the child has not previously been found to be within the purview
30-12 of this chapter and if the act for which the child is found to be within the
30-13 purview of this chapter did not involve the use or threatened use of force or
30-14 violence, order the child to participate in a publicly or privately operated
30-15 program of sports or physical fitness that is adequately supervised or a
30-16 publicly or privately operated program for the arts that is adequately
30-17 supervised. A program for the arts may include, but is not limited to,
30-18 drawing, painting, photography or other visual arts, musical, dance or
30-19 theatrical performance, writing or any other structured activity that
30-20 involves creative or artistic expression. If the court orders the child to
30-21 participate in a program of sports or physical fitness or a program for the
30-22 arts, the court may order any or all of the following, in the following order
30-23 of priority if practicable:
30-24 (1) The parent or guardian of the child, to the extent of his financial
30-25 ability, to pay the costs associated with the participation of the child in the
30-26 program, including, but not limited to, a reasonable sum of money to pay
30-27 for the cost of policies of insurance against liability for personal injury and
30-28 damage to property during those periods in which the child participates in
30-29 the program;
30-30 (2) The child to work on projects or perform public service pursuant
30-31 to paragraph (i) for a period that reflects the costs associated with the
30-32 participation of the child in the program; or
30-33 (3) The county in which the petition alleging the child to be
30-34 delinquent or in need of supervision is filed to pay the costs associated with
30-35 the participation of the child in the program.
30-36 2. If the court finds that a child who is less than 17 years of age has
30-37 committed a delinquent act, the court may order the parent or guardian of
30-38 the child to pay any fines and penalties imposed for the delinquent act. If
30-39 the parent or guardian is unable to pay the fines and penalties imposed
30-40 because of financial hardship, the court may require the parent or guardian
30-41 to perform community service.
30-42 3. In determining the appropriate disposition of a case concerning a
30-43 child found to be within the purview of this chapter, the court shall
30-44 consider whether the act committed by the child involved the use of a
30-45 firearm or the use or threatened use of force or violence against the victim
30-46 of the act and whether the child is a serious or chronic offender. If the court
30-47 finds that the act committed by the child involved the use of a firearm or
30-48 the use or threatened use of force or violence against the victim or that the
30-49 child is a serious or chronic offender, the court shall include the finding in
31-1 its order and may, in addition to the options set forth in subsections 1 and 2
31-2 of this section and NRS 62.213:
31-3 (a) Commit the child for confinement in a secure facility, including a
31-4 facility which is secured by its staff.
31-5 (b) Impose any other punitive measures the court determines to be in the
31-6 best interests of the public or the child.
31-7 4. Except as otherwise provided in NRS 62.455 and 62.570, at any
31-8 time, either on its own volition or for good cause shown, the court may
31-9 terminate its jurisdiction concerning the child.
31-10 5. Whenever the court commits a child to any institution or agency
31-11 pursuant to this section or NRS 62.213, it shall transmit a summary of its
31-12 information concerning the child and order the administrator of the school
31-13 that the child last attended to transmit a copy of the child’s educational
31-14 records to the institution or agency. The institution or agency shall give to
31-15 the court any information concerning the child that the court may require.
31-16 6. In determining whether to place a child pursuant to this section in
31-17 the custody of a person other than his parent, guardian or custodian,
31-18 preference must be given to any person related within the third degree of
31-19 consanguinity to the child whom the court finds suitable and able to
31-20 provide proper care and guidance for the child.
31-21 Sec. 69. NRS 62.221 is hereby amended to read as follows:
31-22 62.221 Whenever any child is found to have committed a minor traffic
31-23 offense, the judge, or his authorized representative, shall forward to the
31-24 department of motor vehicles [and public safety,] in the form required by
31-25 NRS 483.450, a record of the violation, other than violation of a law or
31-26 ordinance governing standing or parking, and may do any or all of the
31-27 following:
31-28 1. Impose a fine. If a fine is imposed, the judge or his authorized
31-29 representative shall impose an administrative assessment pursuant to NRS
31-30 62.2175.
31-31 2. Recommend to the department of motor vehicles [and public safety]
31-32 the suspension of the child’s driver’s license.
31-33 3. Require that the child attend and complete a traffic survival course.
31-34 4. Order that the child or his parents pay the reasonable cost of the
31-35 child’s attending the traffic survival course.
31-36 5. Order the child to be placed on a work detail to repay any fine
31-37 imposed.
31-38 6. Order the child placed on probation.
31-39 Sec. 70. NRS 62.2263 is hereby amended to read as follows:
31-40 62.2263 1. When a court issues an order pursuant to NRS 62.224,
31-41 62.2255, 62.226 or 62.228, it shall forward to the department of motor
31-42 vehicles [and public safety] a copy of the order and the driver’s license of
31-43 the child who is the subject of the order within 5 days after issuing the
31-44 order.
31-45 2. The department of motor vehicles : [and public safety:]
31-46 (a) Shall not treat such an unlawful act set forth in NRS 62.224,
31-47 62.2255, 62.226 or 62.228 in the manner statutorily required for moving
31-48 traffic violations.
32-1 (b) Shall report the suspension of a driver’s license pursuant to NRS
32-2 62.224, 62.2255, 62.226 or 62.228 to an insurance company or its agent
32-3 inquiring about the driving record of the child, but such a suspension must
32-4 not be considered for the purpose of rating or underwriting.
32-5 (c) Shall not require a child whose driver’s license was suspended
32-6 pursuant to NRS 62.224, 62.2255, 62.226 or 62.228 to submit to the tests
32-7 and other requirements that are adopted by regulation pursuant to
32-8 subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance
32-9 after a suspension of his license, unless the suspension also resulted from
32-10 his poor performance as a driver.
32-11 Sec. 71. NRS 62.227 is hereby amended to read as follows:
32-12 62.227 1. If a child who is less than 18 years of age is found by the
32-13 juvenile court to have committed an unlawful act in violation of NRS
32-14 484.379 or 484.3795, the judge[,] or his authorized representative[,] shall,
32-15 if the child possesses a driver’s license, issue an order revoking the driver’s
32-16 license of that child for 90 days. If such an order is issued, the judge shall
32-17 require the child to surrender to the court all driver’s licenses then held by
32-18 the child. The court shall, within 5 days after issuing the order, forward to
32-19 the department of motor vehicles [and public safety] the licenses and a
32-20 copy of the order.
32-21 2. The judge shall require the child to submit to the tests and other
32-22 requirements which are adopted by regulation pursuant to subsection 1 of
32-23 NRS 483.495 as a condition of reinstatement of the driver’s license of the
32-24 child.
32-25 3. If the child is found to have committed a subsequent unlawful act as
32-26 set forth in subsection 1, the court shall order an additional period of
32-27 revocation to apply consecutively with the previous order.
32-28 4. The judge may authorize the department to issue a restricted driver’s
32-29 license pursuant to NRS 483.490 to a child whose driver’s license is
32-30 revoked pursuant to this section.
32-31 Sec. 72. NRS 62.360 is hereby amended to read as follows:
32-32 62.360 1. The court shall make and keep records of all cases brought
32-33 before it.
32-34 2. The records may be opened to inspection only by order of the court
32-35 to persons having a legitimate interest therein except that a release without
32-36 a court order may be made of any:
32-37 (a) Records of traffic violations which are being forwarded to the
32-38 department of motor vehicles ; [and public safety;]
32-39 (b) Records which have not been sealed and which are required by the
32-40 division of parole and probation of the department of [motor vehicles and]
32-41 public safety for preparation of presentence investigations and reports
32-42 pursuant to NRS 176.135 or general investigations and reports pursuant to
32-43 NRS 176.151;
32-44 (c) Information maintained in the standardized system established
32-45 pursuant to NRS 62.910;
32-46 (d) Records which have not been sealed and which are to be used,
32-47 pursuant to chapter 179D of NRS, by:
32-48 (1) The central repository for Nevada records of criminal history;
33-1 (2) The division of parole and probation of the department of [motor
33-2 vehicles and] public safety; or
33-3 (3) A person who is conducting an assessment of the risk of
33-4 recidivism of an adult or juvenile sex offender; and
33-5 (e) Information that must be collected by the division of child and
33-6 family services of the department of human resources pursuant to NRS
33-7 62.920.
33-8 3. The clerk of the court shall prepare and cause to be printed forms
33-9 for social and legal records and other papers as may be required.
33-10 4. Whenever the conduct of a child with respect to whom the
33-11 jurisdiction of the juvenile court has been invoked may be the basis of a
33-12 civil action, any party to the civil action may petition the court for release
33-13 of the child’s name, and upon satisfactory showing to the court that the
33-14 purpose in obtaining the information is for use in a civil action brought or
33-15 to be brought in good faith, the court shall order the release of the child’s
33-16 name and authorize its use in the civil action.
33-17 Sec. 73. NRS 62.530 is hereby amended to read as follows:
33-18 62.530 “Division” means the division of parole and probation of the
33-19 department of [motor vehicles and] public safety.
33-20 Sec. 74. NRS 62.870 is hereby amended to read as follows:
33-21 62.870 1. When a child applies for a driver’s license, the department
33-22 of motor vehicles [and public safety] shall notify the child of the provisions
33-23 of paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224[, 62.2255,
33-24 62.226, 62.2263,] to 62.227 , inclusive, and 62.228.
33-25 2. After providing the notice pursuant to subsection 1, the department
33-26 shall require the child to sign an affidavit acknowledging that he is aware
33-27 that his driver’s license may be suspended or revoked pursuant to
33-28 paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255,
33-29 62.226, 62.227 or 62.228.
33-30 Sec. 75. NRS 108.2679 is hereby amended to read as follows:
33-31 108.2679 “Registered owner” means:
33-32 1. A person whose name appears in the files of the manufactured
33-33 housing division of the department of business and industry as the person
33-34 to whom the mobile home or manufactured home is registered, but does
33-35 not include:
33-36 (a) A creditor who holds title to the mobile home or manufactured
33-37 home; or
33-38 (b) The owner or holder of a lien encumbering the mobile home or
33-39 manufactured home.
33-40 2. A person whose name appears in the files of the [motor vehicles
33-41 branch of the] department of motor vehicles [and public safety] as the
33-42 person to whom the vehicle is registered.
33-43 Sec. 76. NRS 108.310 is hereby amended to read as follows:
33-44 108.310 Subject to the provisions of NRS 108.315, the lien created in
33-45 NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
33-46 1. The lien claimant shall give written notice to the person on whose
33-47 account the storing, maintaining, keeping, repairing, labor, fuel, supplies,
33-48 facilities, services or accessories were made, done or given, and to any
33-49 other person known to have or to claim an interest in the motor vehicle,
34-1 aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,
34-2 recreational vehicle, mobile home or manufactured home, upon which the
34-3 lien is asserted, and to the:
34-4 (a) Manufactured housing division of the department of business and
34-5 industry with regard to mobile homes, manufactured homes[,] and
34-6 commercial coaches as defined in chapter 489 of NRS; or
34-7 (b) [Motor vehicles branch of the] The department of motor vehicles
34-8 [and public safety] with regard to all other items included in this section.
34-9 2. In accordance with the terms of a notice so given, a sale by auction
34-10 may be held to satisfy any valid claim which has become a lien on the
34-11 motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft
34-12 parts, trailer, recreational vehicle, mobile home or manufactured home.
34-13 The sale must be held in the place where the lien was acquired, or, if that
34-14 place is manifestly unsuitable for the purpose, at the nearest suitable place.
34-15 3. After the time for the payment of the claim specified in the notice
34-16 has elapsed, an advertisement of the sale, describing the motor vehicle,
34-17 aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,
34-18 recreational vehicle, mobile home or manufactured home to be sold, and
34-19 stating the name of the owner or person on whose account it is held, and
34-20 the time and place of the sale, must be published once a week for 3
34-21 consecutive weeks in a newspaper published in the place where the sale is
34-22 to be held, but if no newspaper is published in that place, then in a
34-23 newspaper published in this state that has a general circulation in that
34-24 place. The sale must not be held less than 22 days after the time of the first
34-25 publication.
34-26 4. From the proceeds of the sale the lien claimant who furnished the
34-27 services, labor, fuel, accessories, facilities or supplies shall satisfy his lien,
34-28 including the reasonable charges of notice, advertisement and sale. The
34-29 balance, if any, of the proceeds must be delivered, on demand, to the
34-30 person to whom he would have been bound to deliver, or justified in
34-31 delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft
34-32 equipment, aircraft parts, trailer, recreational vehicle, mobile home or
34-33 manufactured home.
34-34 Sec. 77. NRS 108.315 is hereby amended to read as follows:
34-35 108.315 1. Any landlord who desires to enforce a lien for unpaid rent
34-36 or rent and utilities under the provisions of NRS 108.270 to 108.360,
34-37 inclusive, must within 15 days after the rent is 30 days past due, make a
34-38 demand in writing upon the registered owner of the recreational vehicle,
34-39 mobile home or manufactured home, for the amount due, stating that a lien
34-40 is claimed on the recreational vehicle, mobile home or manufactured home.
34-41 A copy of the demand must be sent to every holder of a security interest
34-42 and every person who is listed in the records of the manufactured housing
34-43 division of the department of business and industry as holding an
34-44 ownership or other interest in, and every tenant or subtenant of, the
34-45 recreational vehicle, mobile home or manufactured home, and to the:
34-46 (a) Manufactured housing division of the department of business and
34-47 industry, with regard to mobile homes and manufactured homes; or
35-1 (b) [Motor vehicles branch of the] The department of motor vehicles ,
35-2 [and public safety,] with regard to recreational vehicles,
35-3 by registered or certified mail.
35-4 2. To obtain the name and address of a holder of a security interest or a
35-5 person who is listed in the records of the manufactured housing division of
35-6 the department of business and industry as holding an ownership or other
35-7 interest in the recreational vehicle, mobile home or manufactured home,
35-8 the landlord shall, before making the demand for payment, request that
35-9 information from the:
35-10 (a) Manufactured housing division of the department of business and
35-11 industry, with regard to mobile homes, manufactured homes[,] and
35-12 commercial coaches as defined in chapter 489 of NRS; or
35-13 (b) Department of motor vehicles , [and public safety,] with regard to all
35-14 other vehicles,
35-15 and the state agency shall supply that information from its records. If the
35-16 recreational vehicle, mobile home or manufactured home is registered in
35-17 another state, territory or country, the landlord shall, before making the
35-18 demand for payment, obtain the information from the appropriate agency
35-19 of that state, territory or country.
35-20 3. A landlord who enforces a lien for unpaid rent may recover an
35-21 amount equal to:
35-22 (a) The amount of the unpaid rent;
35-23 (b) The cost of any advertising and notices required pursuant to NRS
35-24 108.270 to 108.360, inclusive;
35-25 (c) The cost and fees ordered by a court in any action contesting the
35-26 validity of a lien; and
35-27 (d) The cost of a sale, if a sale by auction is made pursuant to the
35-28 provisions of NRS 108.310.
35-29 4. No recreational vehicle, mobile home or manufactured home may
35-30 be sold for delinquent rent or rent and utilities until 4 months have elapsed
35-31 after the first default in payment, and a notice of lien has been served
35-32 pursuant to subsection 1. At least 10 days but not more than 30 days before
35-33 a sale, a written notice of sale by auction must be sent to the registered
35-34 owner and tenant or subtenant and to every holder of a security interest and
35-35 every person who is listed in the records of the manufactured housing
35-36 division of the department of business and industry as holding an
35-37 ownership or other interest in the recreational vehicle, mobile home or
35-38 manufactured home by registered or certified mail stating that a sale by
35-39 auction of the recreational vehicle, mobile home or manufactured home is
35-40 to be made pursuant to the provisions of NRS 108.310. The written notice
35-41 of sale by auction must include the time and location of the sale, the
35-42 amount necessary to satisfy the lien and a description of the legal
35-43 proceeding available to contest the lien pursuant to NRS 108.350 and
35-44 108.355.
35-45 Sec. 78. NRS 120A.280 is hereby amended to read as follows:
35-46 120A.280 1. Within 180 days after the filing of the report required
35-47 by NRS 120A.250 and the payment or delivery of the property required by
35-48 NRS 120A.360, the administrator shall cause notice to be published in at
35-49 least one newspaper of general circulation in the county in this state in
36-1 which is located the last known address of any person to be named in the
36-2 notice. If no address is listed or if the address is outside this state, the
36-3 notice must be published in the county in which the holder of the
36-4 abandoned property has his principal place of business within this state.
36-5 2. The published notice must be entitled “Notice of Names of Persons
36-6 Appearing To Be Owners of Abandoned Property,” and must contain:
36-7 (a) The names in alphabetical order and last known addresses, if any, of
36-8 persons listed in the report and entitled to notice within the county.
36-9 (b) A statement that information concerning the amount or description
36-10 of the property and the name and address of the holder may be obtained by
36-11 any person possessing an interest in the property by addressing an inquiry
36-12 to the division.
36-13 (c) If the property was removed from a safe-deposit box or other
36-14 safekeeping repository, a statement declaring that the administrator will
36-15 hold the property for 1 year after the date the property was delivered to the
36-16 division, and that the property may be destroyed if no claims are made for
36-17 it within that period.
36-18 3. The administrator is not required to publish in the notice any item
36-19 valued at less than $50 unless he deems the publication to be in the public
36-20 interest.
36-21 4. In addition to the notice required to be published pursuant to this
36-22 section, the administrator shall take such actions as are reasonably
36-23 calculated to give actual notice to the owner of property presumed
36-24 abandoned, including, without limitation, using information obtained from
36-25 the department of motor vehicles [and public safety] and other
36-26 governmental agencies or executing contracts with private businesses to
36-27 assist in locating such owners of property.
36-28 Sec. 79. NRS 125B.220 is hereby amended to read as follows:
36-29 125B.220 1. Upon deposit of any asset pursuant to NRS 125B.210
36-30 which is not money or is not readily convertible into money, the court may,
36-31 not fewer than 25 days after serving the obligor-parent with written notice
36-32 and providing an opportunity for hearing, order the sale of the asset and
36-33 deposit the proceeds of the sale with the trustee designated by the court to
36-34 receive the assets. The sale of assets must be conducted in accordance with
36-35 the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the
36-36 sale of property under execution.
36-37 2. When an asset ordered to be deposited is real property, the order
36-38 must be certified in accordance with NRS 17.150 and recorded with the
36-39 county recorder. The deposited real property and the rights, benefits and
36-40 liabilities attached to that property continue in the possession of the legal
36-41 owner until it becomes subject to a use or sale of assets pursuant to this
36-42 section or NRS 125B.210. The legal owner may not transfer, encumber,
36-43 hypothecate, dispose of or realize profits from the property unless
36-44 approved by the court.
36-45 3. When an asset ordered to be deposited is personal property or
36-46 fixtures including goods, documents, instruments, general intangibles,
36-47 chattel paper or accounts, the trustee shall file a financing statement in
36-48 accordance with NRS 104.9501, 104.9502 and 104.9516.
37-1 4. When an asset ordered to be deposited is a vehicle registered with
37-2 the department of motor vehicles , [and public safety,] the trustee shall
37-3 deliver to the department the certificate of ownership of the vehicle in
37-4 accordance with NRS 482.428.
37-5 Sec. 80. NRS 125B.280 is hereby amended to read as follows:
37-6 125B.280 1. The trustee designated by the court to receive assets
37-7 pursuant to NRS 125B.210[,] shall return any assets to the obligor-parent
37-8 when:
37-9 (a) The obligor-parent has given the trustee notice to return assets;
37-10 (b) All payments in arrears have been paid in full; and
37-11 (c) The obligor-parent has made, in a timely manner, all payments of
37-12 support ordered for the 12 months immediately preceding the date notice
37-13 was given to the trustee.
37-14 2. If the deposited assets include real property, upon the satisfaction of
37-15 the requirements of subsection 1, the trustee shall prepare a release and
37-16 record it in the office of the county recorder.
37-17 3. If the deposited assets include personal property or fixtures
37-18 including goods, documents, instruments, general intangibles, chattel paper
37-19 or accounts, the trustee shall, upon the satisfaction of the requirements of
37-20 subsection 1, prepare a termination statement and file it in accordance with
37-21 NRS 104.9513.
37-22 4. If the deposited assets include a vehicle registered with the
37-23 department of motor vehicles , [and public safety,] the trustee shall, upon
37-24 the satisfaction of the requirements of subsection 1, deliver the certificate
37-25 of ownership to the obligor-parent in accordance with NRS 482.431.
37-26 Sec. 81. NRS 174.063 is hereby amended to read as follows:
37-27 174.063 1. If a plea of guilty is made in a written plea agreement, the
37-28 agreement must be substantially in the following form:
37-29 Case No.............................
37-30 Dept. No.............................
37-31 IN THE .................. JUDICIAL DISTRICT COURT OF THE
37-32 STATE OF NEVADA IN AND FOR THE COUNTY OF.............,
37-33 The State of Nevada
37-34 PLAINTIFF,
37-35 v.
37-36 (Name of defendant)
37-37 DEFENDANT.
37-38 GUILTY PLEA AGREEMENT
37-39 I hereby agree to plead guilty to: (List charges to which defendant is
37-40 pleading guilty), as more fully alleged in the charging document attached
37-41 hereto as Exhibit 1.
38-1 My decision to plead guilty is based upon the plea agreement in this case
38-2 which is as follows:
38-3 (State the terms of the agreement.)
38-4 CONSEQUENCES OF THE PLEA
38-5 I understand that by pleading guilty I admit the facts which support all
38-6 the elements of the offenses to which I now plead as set forth in Exhibit 1.
38-7 I understand that as a consequence of my plea of guilty I may be
38-8 imprisoned for a period of not more than (maximum term of imprisonment)
38-9 and that I (may or will) be fined up to (maximum amount of fine). I
38-10 understand that the law requires me to pay an administrative assessment
38-11 fee.
38-12 I understand that, if appropriate, I will be ordered to make restitution to
38-13 the victim of the offenses to which I am pleading guilty and to the victim
38-14 of any related offense which is being dismissed or not prosecuted pursuant
38-15 to this agreement. I will also be ordered to reimburse the State of Nevada
38-16 for expenses related to my extradition, if any.
38-17 I understand that I (am or am not) eligible for probation for the offense
38-18 to which I am pleading guilty. (I understand that, except as otherwise
38-19 provided by statute, the question of whether I receive probation is in the
38-20 discretion of the sentencing judge, or I understand that I must serve a
38-21 mandatory minimum term of (term of imprisonment) or pay a minimum
38-22 mandatory fine of (amount of fine) or serve a mandatory minimum term
38-23 (term of imprisonment) and pay a minimum mandatory fine of (amount of
38-24 fine).)
38-25 I understand that if more than one sentence of imprisonment is imposed
38-26 and I am eligible to serve the sentences concurrently, the sentencing judge
38-27 has the discretion to order the sentences served concurrently or
38-28 consecutively.
38-29 I understand that information regarding charges not filed, dismissed
38-30 charges or charges to be dismissed pursuant to this agreement may be
38-31 considered by the judge at sentencing.
38-32 I have not been promised or guaranteed any particular sentence by
38-33 anyone. I know that my sentence is to be determined by the court within
38-34 the limits prescribed by statute. I understand that if my attorney or the State
38-35 of Nevada or both recommend any specific punishment to the court, the
38-36 court is not obligated to accept the recommendation.
38-37 I understand that the division of parole and probation of the department
38-38 of [motor vehicles and] public safety may or will prepare a report for the
38-39 sentencing judge before sentencing. This report will include matters
38-40 relevant to the issue of sentencing, including my criminal history. I
38-41 understand that this report may contain hearsay information regarding my
38-42 background and criminal history. My attorney (if represented by counsel)
38-43 and I will each have the opportunity to comment on the information
38-44 contained in the report at the time of sentencing.
39-1 WAIVER OF RIGHTS
39-2 By entering my plea of guilty, I understand that I have waived the
39-3 following rights and privileges:
39-4 1. The constitutional privilege against self-incrimination, including the
39-5 right to refuse to testify at trial, in which event the prosecution would not
39-6 be allowed to comment to the jury about my refusal to testify.
39-7 2. The constitutional right to a speedy and public trial by an impartial
39-8 jury, free of excessive pretrial publicity prejudicial to the defense, at which
39-9 trial I would be entitled to the assistance of an attorney, either appointed or
39-10 retained. At trial, the state would bear the burden of proving beyond a
39-11 reasonable doubt each element of the offense charged.
39-12 3. The constitutional right to confront and cross-examine any
39-13 witnesses who would testify against me.
39-14 4. The constitutional right to subpoena witnesses to testify on my
39-15 behalf.
39-16 5. The constitutional right to testify in my own defense.
39-17 6. The right to appeal the conviction, with the assistance of an
39-18 attorney, either appointed or retained, unless the appeal is based upon
39-19 reasonable constitutional, jurisdictional or other grounds that challenge the
39-20 legality of the proceedings and except as otherwise provided in subsection
39-21 3 of NRS 174.035.
39-22 VOLUNTARINESS OF PLEA
39-23 I have discussed the elements of all the original charges against me with
39-24 my attorney (if represented by counsel) and I understand the nature of these
39-25 charges against me.
39-26 I understand that the state would have to prove each element of the
39-27 charge against me at trial.
39-28 I have discussed with my attorney (if represented by counsel) any
39-29 possible defenses and circumstances which might be in my favor.
39-30 All of the foregoing elements, consequences, rights and waiver of rights
39-31 have been thoroughly explained to me by my attorney (if represented by
39-32 counsel).
39-33 I believe that pleading guilty and accepting this plea bargain is in my
39-34 best interest and that a trial would be contrary to my best interest.
39-35 I am signing this agreement voluntarily, after consultation with my
39-36 attorney (if represented by counsel) and I am not acting under duress or
39-37 coercion or by virtue of any promises of leniency, except for those set forth
39-38 in this agreement.
39-39 I am not now under the influence of intoxicating liquor, a controlled
39-40 substance or other drug which would in any manner impair my ability to
39-41 comprehend or understand this agreement or the proceedings surrounding
39-42 my entry of this plea.
39-43 My attorney (if represented by counsel) has answered all my questions
39-44 regarding this guilty plea agreement and its consequences to my
39-45 satisfaction and I am satisfied with the services provided by my attorney.
39-46 Dated: This ............. day of the month of .......... of the year .......
39-47 .......................................
39-48 Defendant.
40-1 Agreed to on this ............ day of the month of .......... of the year .......
40-2 ......................................
40-3 Deputy District Attorney.
40-4 2. If the defendant is represented by counsel, the written plea
40-5 agreement must also include a certificate of counsel that is substantially in
40-6 the following form:
40-7 CERTIFICATE OF COUNSEL
40-8 I, the undersigned, as the attorney for the defendant named herein and as
40-9 an officer of the court hereby certify that:
40-10 1. I have fully explained to the defendant the allegations contained in
40-11 the charges to which guilty pleas are being entered.
40-12 2. I have advised the defendant of the penalties for each charge and the
40-13 restitution that the defendant may be ordered to pay.
40-14 3. All pleas of guilty offered by the defendant pursuant to this
40-15 agreement are consistent with all the facts known to me and are made with
40-16 my advice to the defendant and are in the best interest of the defendant.
40-17 4. To the best of my knowledge and belief, the defendant:
40-18 (a) Is competent and understands the charges and the consequences of
40-19 pleading guilty as provided in this agreement.
40-20 (b) Executed this agreement and will enter all guilty pleas pursuant
40-21 hereto voluntarily.
40-22 (c) Was not under the influence of intoxicating liquor, a controlled
40-23 substance or other drug at the time of the execution of this agreement.
40-24 Dated: This ............. day of the month of .......... of the year .......
40-25 .......................................
40-26 Attorney for defendant.
40-27 Sec. 82. NRS 176.002 is hereby amended to read as follows:
40-28 176.002 As used in this chapter, unless the context otherwise requires,
40-29 “division” means the division of parole and probation of the department of
40-30 [motor vehicles and] public safety.
40-31 Sec. 83. NRS 176.0123 is hereby amended to read as follows:
40-32 176.0123 1. The advisory commission on sentencing is hereby
40-33 created. The commission consists of:
40-34 (a) One member who is a district judge, appointed by the governing
40-35 body of the Nevada District Judges Association;
40-36 (b) One member who is a district attorney, appointed by the governing
40-37 body of the Nevada District Attorneys Association;
40-38 (c) One member who is an attorney in private practice, experienced in
40-39 defending criminal actions, appointed by the governing body of the State
40-40 Bar of Nevada;
40-41 (d) One member who is a representative of a law enforcement agency,
40-42 appointed by the governor;
40-43 (e) One member who is a representative of the division of parole and
40-44 probation of the department of [motor vehicles and] public safety,
40-45 appointed by the governor;
41-1 (f) One member who has been a victim of a crime or is a representative
41-2 of an organization supporting the rights of victims of crime, appointed by
41-3 the governor;
41-4 (g) One member who is a county commissioner, appointed by the
41-5 governing body of the Nevada Association of Counties;
41-6 (h) Two members who are senators, one of whom is appointed by the
41-7 majority leader of the senate and one of whom is appointed by the minority
41-8 leader of the senate; and
41-9 (i) Two members who are assemblymen, one of whom is appointed by
41-10 the speaker of the assembly and one of whom is appointed by the minority
41-11 leader of the assembly.
41-12 If any association listed in this subsection ceases to exist, the appointment
41-13 required by this subsection must be made by the association’s successor in
41-14 interest or, if there is no successor in interest, by the governor.
41-15 2. The governor shall designate one member of the commission to
41-16 serve as chairman.
41-17 3. Each member serves a term of 2 years. Members may be
41-18 reappointed for additional terms of 2 years in the same manner as the
41-19 original appointments. Any vacancy occurring in the membership of the
41-20 commission must be filled in the same manner as the original appointment.
41-21 4. The legislators who are members of the commission are entitled to
41-22 receive the salary provided for a majority of the members of the legislature
41-23 during the first 60 days of the preceding session for each day’s attendance
41-24 at a meeting of the commission.
41-25 5. While engaged in the business of the commission, each member and
41-26 employee of the commission is entitled to receive the per diem allowance
41-27 and travel expenses provided for state officers and employees generally.
41-28 Sec. 84. NRS 176.064 is hereby amended to read as follows:
41-29 176.064 1. If a fine, administrative assessment, fee or restitution is
41-30 imposed upon a defendant pursuant to this chapter, whether or not the fine,
41-31 administrative assessment, fee or restitution is in addition to any other
41-32 punishment, and the fine, administrative assessment, fee or restitution or
41-33 any part of it remains unpaid after the time established by the court for its
41-34 payment, the defendant is liable for a collection fee, to be imposed by the
41-35 court at the time it finds that the fine, administrative assessment, fee or
41-36 restitution is delinquent, of:
41-37 (a) Not more than $100, if the amount of the delinquency is less than
41-38 $2,000.
41-39 (b) Not more than $500, if the amount of the delinquency is $2,000 or
41-40 greater, but is less than $5,000.
41-41 (c) Ten percent of the amount of the delinquency, if the amount of the
41-42 delinquency is $5,000 or greater.
41-43 2. A state or local entity that is responsible for collecting a delinquent
41-44 fine, administrative assessment, fee or restitution may, in addition to
41-45 attempting to collect the fine, administrative assessment, fee or restitution
41-46 through any other lawful means, take any or all of the following actions:
41-47 (a) Report the delinquency to reporting agencies that assemble or
41-48 evaluate information concerning credit.
42-1 (b) Request that the court take appropriate action pursuant to
subsection 3.
42-2 (c) Contract with a collection agency licensed pursuant to NRS 649.075
42-3 to collect the delinquent amount and the collection fee. The collection
42-4 agency must be paid as compensation for its services an amount not greater
42-5 than the amount of the collection fee imposed pursuant to subsection 1, in
42-6 accordance with the provisions of the contract.
42-7 3. The court may, on its own motion or at the request of a state or local
42-8 entity that is responsible for collecting the delinquent fine, administrative
42-9 assessment, fee or restitution, take any or all of the following actions, in the
42-10 following order of priority if practicable:
42-11 (a) Request that a prosecuting attorney undertake collection of the
42-12 delinquency, including, without limitation, the original amount and the
42-13 collection fee, by attachment or garnishment of the defendant’s property,
42-14 wages or other money receivable.
42-15 (b) Order the suspension of the driver’s license of the defendant. If the
42-16 defendant does not possess a driver’s license, the court may prohibit the
42-17 defendant from applying for a driver’s license for a specified period. If the
42-18 defendant is already the subject of a court order suspending or delaying the
42-19 issuance of his driver’s license, the court may order the additional
42-20 suspension or delay, as appropriate, to apply consecutively with the
42-21 previous order. At the time the court issues an order suspending the
42-22 driver’s license of a defendant pursuant to this paragraph, the court shall
42-23 require the defendant to surrender to the court all driver’s licenses then
42-24 held by the defendant. The court shall, within 5 days after issuing the order,
42-25 forward to the department of motor vehicles [and public safety] the
42-26 licenses, together with a copy of the order. At the time the court issues an
42-27 order pursuant to this paragraph delaying the ability of a defendant to apply
42-28 for a driver’s license, the court shall, within 5 days after issuing the order,
42-29 forward to the department of motor vehicles [and public safety] a copy of
42-30 the order. The department of motor vehicles [and public safety] shall report
42-31 a suspension pursuant to this paragraph to an insurance company or its
42-32 agent inquiring about the defendant’s driving record, but such a suspension
42-33 must not be considered for the purpose of rating or underwriting.
42-34 (c) For a delinquent fine or administrative assessment, order the
42-35 confinement of the person in the appropriate prison, jail or detention
42-36 facility, as provided in NRS 176.065 and 176.075.
42-37 4. Money collected from a collection fee imposed pursuant to
42-38 subsection 1 must be distributed in the following manner:
42-39 (a) Except as otherwise provided in paragraph (d), if the money is
42-40 collected by or on behalf of a municipal court, the money must be
42-41 deposited in a special fund in the appropriate city treasury. The city may
42-42 use the money in the fund only to develop and implement a program for the
42-43 collection of fines, administrative assessments, fees and restitution.
42-44 (b) Except as otherwise provided in paragraph (d), if the money is
42-45 collected by or on behalf of a justice’s court or district court, the money
42-46 must be deposited in a special fund in the appropriate county treasury. The
42-47 county may use the money in the special fund only to develop and
43-1 implement a program for the collection of fines, administrative
43-2 assessments, fees and restitution.
43-3 (c) Except as otherwise provided in paragraph (d), if the money is
43-4 collected by a state entity, the money must be deposited in an account,
43-5 which is hereby created in the state treasury. The court administrator may
43-6 use the money in the account only to develop and implement a program for
43-7 the collection of fines, administrative assessments, fees and restitution in
43-8 this state.
43-9 (d) If the money is collected by a collection agency, after the collection
43-10 agency has been paid its fee pursuant to the terms of the contract, any
43-11 remaining money must be deposited in the state, city or county treasury,
43-12 whichever is appropriate, to be used only for the purposes set forth in
43-13 paragraph (a), (b) or (c) of this subsection.
43-14 Sec. 85. NRS 176A.040 is hereby amended to read as follows:
43-15 176A.040 “Division” means the division of parole and probation of the
43-16 department of [motor vehicles and] public safety.
43-17 Sec. 86. NRS 178.484 is hereby amended to read as follows:
43-18 178.484 1. Except as otherwise provided in this section, a person
43-19 arrested for an offense other than murder of the first degree must be
43-20 admitted to bail.
43-21 2. A person arrested for a felony who has been released on probation
43-22 or parole for a different offense must not be admitted to bail unless:
43-23 (a) A court issues an order directing that the person be admitted to bail;
43-24 (b) The state board of parole commissioners directs the detention
43-25 facility to admit the person to bail; or
43-26 (c) The division of parole and probation of the department of [motor
43-27 vehicles and] public safety directs the detention facility to admit the person
43-28 to bail.
43-29 3. A person arrested for a felony whose sentence has been suspended
43-30 pursuant to NRS 4.373 or 5.055 for a different offense or who has been
43-31 sentenced to a term of residential confinement pursuant to NRS 4.3762 or
43-32 5.076 for a different offense must not be admitted to bail unless:
43-33 (a) A court issues an order directing that the person be admitted to bail;
43-34 or
43-35 (b) A department of alternative sentencing directs the detention facility
43-36 to admit the person to bail.
43-37 4. A person arrested for murder of the first degree may be admitted to
43-38 bail unless the proof is evident or the presumption great by any competent
43-39 court or magistrate authorized by law to do so in the exercise of discretion,
43-40 giving due weight to the evidence and to the nature and circumstances of
43-41 the offense.
43-42 5. A person arrested for a battery that constitutes domestic violence
43-43 pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours
43-44 after his arrest. If the person is admitted to bail more than 12 hours after his
43-45 arrest, pursuant to subsection 5 of NRS 171.178, without appearing
43-46 personally before a magistrate, the amount of bail must be:
43-47 (a) Three thousand dollars, if the person has no previous convictions of
43-48 battery that constitute domestic violence pursuant to NRS 33.018 and there
44-1 is no reason to believe that the battery for which he has been arrested
44-2 resulted in substantial bodily harm;
44-3 (b) Five thousand dollars, if the person has:
44-4 (1) No previous convictions of battery that constitute domestic
44-5 violence pursuant to NRS 33.018, but there is reason to believe that the
44-6 battery for which he has been arrested resulted in substantial bodily harm;
44-7 or
44-8 (2) One previous conviction of battery that constitutes domestic
44-9 violence pursuant to NRS 33.018, but there is no reason to believe that the
44-10 battery for which he has been arrested resulted in substantial bodily harm;
44-11 or
44-12 (c) Fifteen thousand dollars, if the person has:
44-13 (1) One previous conviction of battery that constitutes domestic
44-14 violence pursuant to NRS 33.018 and there is reason to believe that the
44-15 battery for which he has been arrested resulted in substantial bodily harm;
44-16 or
44-17 (2) Two or more previous convictions of battery that constitute
44-18 domestic violence pursuant to NRS 33.018.
44-19 The provisions of this subsection do not affect the authority of a magistrate
44-20 or a court to set the amount of bail when the person personally appears
44-21 before the magistrate or the court. For the purposes of this subsection, a
44-22 person shall be deemed to have a previous conviction of battery that
44-23 constitutes domestic violence pursuant to NRS 33.018 if the person has
44-24 been convicted of such an offense in this state or has been convicted of
44-25 violating a law of any other jurisdiction that prohibits the same or similar
44-26 conduct.
44-27 6. The court may, before releasing a person arrested for an offense
44-28 punishable as a felony, require the surrender to the court of any passport
44-29 the person possesses.
44-30 7. Before releasing a person arrested for any crime, the court may
44-31 impose such reasonable conditions on the person as it deems necessary to
44-32 protect the health, safety and welfare of the community and to ensure that
44-33 the person will appear at all times and places ordered by the court,
44-34 including, without limitation:
44-35 (a) Requiring the person to remain in this state or a certain county
44-36 within this state;
44-37 (b) Prohibiting the person from contacting or attempting to contact a
44-38 specific person or from causing or attempting to cause another person to
44-39 contact that person on his behalf;
44-40 (c) Prohibiting the person from entering a certain geographic area; or
44-41 (d) Prohibiting the person from engaging in specific conduct that may
44-42 be harmful to his own health, safety or welfare, or the health, safety or
44-43 welfare of another person.
44-44 In determining whether a condition is reasonable, the court shall consider
44-45 the factors listed in NRS 178.4853.
44-46 8. If a person fails to comply with a condition imposed pursuant to
44-47 subsection 7, the court may, after providing the person with reasonable
44-48 notice and an opportunity for a hearing:
44-49 (a) Deem such conduct a contempt pursuant to NRS 22.010; or
45-1 (b) Increase the amount of bail pursuant to NRS 178.499.
45-2 9. An order issued pursuant to this section that imposes a condition on
45-3 a person admitted to bail must include a provision ordering any law
45-4 enforcement officer to arrest the person if he has probable cause to believe
45-5 that the person has violated a condition of his bail.
45-6 10. Before a person may be admitted to bail, he must sign a document
45-7 stating that:
45-8 (a) He will appear at all times and places as ordered by the court
45-9 releasing him and as ordered by any court before which the charge is
45-10 subsequently heard;
45-11 (b) He will comply with the other conditions which have been imposed
45-12 by the court and are stated in the document; and
45-13 (c) If he fails to appear when so ordered and is taken into custody
45-14 outside of this state, he waives all his rights relating to extradition
45-15 proceedings.
45-16 The signed document must be filed with the clerk of the court of competent
45-17 jurisdiction as soon as practicable, but in no event later than the next
45-18 business day.
45-19 11. If a person admitted to bail fails to appear as ordered by a court
45-20 and the jurisdiction incurs any cost in returning the person to the
45-21 jurisdiction to stand trial, the person who failed to appear is responsible for
45-22 paying those costs as restitution.
45-23 Sec. 87. NRS 179.495 is hereby amended to read as follows:
45-24 179.495 1. Within a reasonable time but not later than 90 days after
45-25 the termination of the period of an order or any extension thereof, the judge
45-26 who issued the order shall cause to be served on the chief of the
45-27 investigation division of the department of [motor vehicles and] public
45-28 safety, persons named in the order and any other parties to intercepted
45-29 communications, an inventory which must include notice of:
45-30 (a) The fact of the entry and a copy of the order.
45-31 (b) The fact that during the period wire or oral communications were or
45-32 were not intercepted.
45-33 The inventory filed pursuant to this section is confidential and must not be
45-34 released for inspection unless subpoenaed by a court of competent
45-35 jurisdiction.
45-36 2. The judge, upon receipt of a written request from any person who
45-37 was a party to an intercepted communication or from the person’s attorney,
45-38 shall make available to the person or his counsel those portions of the
45-39 intercepted communications which contain his conversation. On an ex
45-40 parte showing of good cause to a district judge, the serving of the inventory
45-41 required by this section may be postponed for such time as the judge may
45-42 provide.
45-43 Sec. 88. NRS 179.515 is hereby amended to read as follows:
45-44 179.515 1. In January of each year, the attorney general and the
45-45 district attorney of each county shall report to the Administrative Office of
45-46 the United States Courts the information required to be reported pursuant
45-47 to 18 U.S.C. § 2519. A copy of the report must be filed with the
45-48 investigation division of the department of [motor vehicles and] public
46-1 safety. In the case of a joint application by the attorney general and a
46-2 district attorney , both shall make the report.
46-3 2. Every justice of the supreme court or district judge who signs an
46-4 order authorizing or denying an interception shall, within 30 days after the
46-5 termination of the order or any extension thereof, file with the investigation
46-6 division of the department of [motor vehicles and] public safety on forms
46-7 approved by the division a report containing the same information required
46-8 to be reported pursuant to 18 U.S.C. § 2519. The report must also indicate
46-9 whether a party to an intercepted wire communication had consented to the
46-10 interception.
46-11 3. The willful failure of any officer to report any information known to
46-12 him which is required to be reported pursuant to subsection 1 or 2
46-13 constitutes malfeasance in office and, in such cases, the secretary of state
46-14 shall, when the wrong becomes known to him, institute legal proceedings
46-15 for the removal of that officer.
46-16 4. The investigation division of the department of [motor vehicles and]
46-17 public safety shall, on or before April 30 of each year, compile a report
46-18 consisting of a summary and analysis of all reports submitted to the
46-19 division pursuant to this section during the previous calendar year. The
46-20 report is a public record and may be inspected by any person during the
46-21 regular office hours of the division.
46-22 Sec. 89. NRS 179.530 is hereby amended to read as follows:
46-23 179.530 1. District courts of this state may issue orders authorizing
46-24 the use of a pen register or trap and trace device upon the application of a
46-25 district attorney, the attorney general or their deputies, supported by an
46-26 affidavit of a peace officer under the circumstances and upon the
46-27 conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions
46-28 [exist] existed on July 1, 1989.
46-29 2. As used in this section, “peace officer” means:
46-30 (a) Sheriffs of counties and metropolitan police departments and their
46-31 deputies;
46-32 (b) Investigators, agents, officers and employees of the investigation
46-33 division of [investigation of] the department of [motor vehicles and] public
46-34 safety who have the powers of peace officers pursuant to paragraph (d) of
46-35 subsection 1 of NRS 289.270;
46-36 (c) Policemen of cities and towns;
46-37 (d) Agents of the state gaming control board who are investigating any
46-38 violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
46-39 (e) Special investigators employed by the attorney general who have the
46-40 powers of peace officers pursuant to NRS 289.170; and
46-41 (f) Investigators employed by a district attorney who have the powers of
46-42 peace officers pursuant to NRS 289.170.
46-43 3. A public utility that relies, in good faith, upon an order of a district
46-44 court authorizing the use of a pen register or trap and trace device is not
46-45 liable in any civil or criminal action brought against the public utility for
46-46 the use of the pen register or trap and trace device in accordance with the
46-47 order of the court.
47-1 Sec. 90. NRS 179A.049 is hereby amended to read as follows:
47-2 179A.049 “Department” means the department of [motor vehicles and]
47-3 public safety.
47-4 Sec. 91. NRS 179A.075 is hereby amended to read as follows:
47-5 179A.075 1. The central repository for Nevada records of criminal
47-6 history is hereby created within the Nevada highway patrol division of the
47-7 department.
47-8 2. Each agency of criminal justice and any other agency dealing with
47-9 crime or delinquency of children shall:
47-10 (a) Collect and maintain records, reports and compilations of statistical
47-11 data required by the department; and
47-12 (b) Submit the information collected to the central repository in the
47-13 manner recommended by the advisory committee and approved by the
47-14 director of the department.
47-15 3. Each agency of criminal justice shall submit the information relating
47-16 to sexual offenses and other records of criminal history that it creates or
47-17 issues, and any information in its possession relating to the genetic markers
47-18 of the blood and the secretor status of the saliva of a person who is
47-19 convicted of sexual assault or any other sexual offense, to the division in
47-20 the manner prescribed by the director of the department. The information
47-21 must be submitted to the division:
47-22 (a) Through an electronic network;
47-23 (b) On a medium of magnetic storage; or
47-24 (c) In the manner prescribed by the director of the
department,
47-25 within the period prescribed by the director of the department. If an agency
47-26 has submitted a record regarding the arrest of a person who is later
47-27 determined by the agency not to be the person who committed the
47-28 particular crime, the agency shall, immediately upon making that
47-29 determination, so notify the division. The division shall delete all
47-30 references in the central repository relating to that particular arrest.
47-31 4. The division shall, in the manner prescribed by the director of the
47-32 department:
47-33 (a) Collect, maintain and arrange all information submitted to it relating
47-34 to:
47-35 (1) Sexual offenses and other records of criminal history; and
47-36 (2) The genetic markers of the blood and the secretor status of the
47-37 saliva of a person who is convicted of sexual assault or any other sexual
47-38 offense.
47-39 (b) When practicable, use a record of the personal identifying
47-40 information of a subject as the basis for any records maintained regarding
47-41 him.
47-42 (c) Upon request, provide the information that is contained in the central
47-43 repository to the state disaster identification team of the division of
47-44 emergency management of the department of [motor vehicles and] public
47-45 safety.
47-46 5. The division may:
47-47 (a) Disseminate any information which is contained in the central
47-48 repository to any other agency of criminal justice;
48-1 (b) Enter into cooperative agreements with federal and state repositories
48-2 to facilitate exchanges of information that may be disseminated pursuant to
48-3 paragraph (a); and
48-4 (c) Request of and receive from the Federal Bureau of Investigation
48-5 information on the background and personal history of any person whose
48-6 record of fingerprints the central repository submits to the Federal Bureau
48-7 of Investigation and:
48-8 (1) Who has applied to any agency of the State of Nevada or any
48-9 political subdivision thereof for a license which it has the power to grant or
48-10 deny;
48-11 (2) With whom any agency of the State of Nevada or any political
48-12 subdivision thereof intends to enter into a relationship of employment or a
48-13 contract for personal services;
48-14 (3) About whom any agency of the State of Nevada or any political
48-15 subdivision thereof has a legitimate need to have accurate personal
48-16 information for the protection of the agency or the persons within its
48-17 jurisdiction; or
48-18 (4) For whom such information is required to be obtained pursuant to
48-19 NRS 449.179.
48-20 6. The central repository shall:
48-21 (a) Collect and maintain records, reports and compilations of statistical
48-22 data submitted by any agency pursuant to subsection 2.
48-23 (b) Tabulate and analyze all records, reports and compilations of
48-24 statistical data received pursuant to this section.
48-25 (c) Disseminate to federal agencies engaged in the collection of
48-26 statistical data relating to crime information which is contained in the
48-27 central repository.
48-28 (d) Investigate the criminal history of any person who:
48-29 (1) Has applied to the superintendent of public instruction for a
48-30 license;
48-31 (2) Has applied to a county school district for employment; or
48-32 (3) Is employed by a county school district,
48-33 and notify the superintendent of each county school district and the
48-34 superintendent of public instruction if the investigation of the central
48-35 repository indicates that the person has been convicted of a violation of
48-36 NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a
48-37 felony or any offense involving moral turpitude.
48-38 (e) Upon discovery, notify the superintendent of each county school
48-39 district by providing him with a list of all persons:
48-40 (1) Investigated pursuant to paragraph (d); or
48-41 (2) Employed by a county school district whose fingerprints were
48-42 sent previously to the central repository for investigation,
48-43 who the central repository’s records indicate have been convicted of a
48-44 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or
48-45 convicted of a felony or any offense involving moral turpitude since the
48-46 central repository’s initial investigation. The superintendent of each county
48-47 school district shall determine whether further investigation or action by
48-48 the district is appropriate.
49-1 (f) Investigate the criminal history of each person who submits
49-2 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or
49-3 449.179.
49-4 (g) On or before July 1 of each year, prepare and present to the
49-5 governor a printed annual report containing the statistical data relating to
49-6 crime received during the preceding calendar year. Additional reports may
49-7 be presented to the governor throughout the year regarding specific areas
49-8 of crime if they are recommended by the advisory committee and approved
49-9 by the director of the department.
49-10 (h) On or before July 1 of each year, prepare and submit to the director
49-11 of the legislative counsel bureau, for submission to the legislature, or the
49-12 legislative commission when the legislature is not in regular session, a
49-13 report containing statistical data about domestic violence in this state.
49-14 (i) Identify and review the collection and processing of statistical data
49-15 relating to criminal justice and the delinquency of children by any agency
49-16 identified in subsection 2, and make recommendations for any necessary
49-17 changes in the manner of collecting and processing statistical data by any
49-18 such agency.
49-19 7. The central repository may:
49-20 (a) At the recommendation of the advisory committee and in the manner
49-21 prescribed by the director of the department, disseminate compilations of
49-22 statistical data and publish statistical reports relating to crime or the
49-23 delinquency of children.
49-24 (b) Charge a reasonable fee for any publication or special report it
49-25 distributes relating to data collected pursuant to this section. The central
49-26 repository may not collect such a fee from an agency of criminal justice,
49-27 any other agency dealing with crime or the delinquency of children which
49-28 is required to submit information pursuant to subsection 2 or the state
49-29 disaster identification team of the division of emergency management of
49-30 the department of [motor vehicles and] public safety. All money collected
49-31 pursuant to this paragraph must be used to pay for the cost of operating the
49-32 central repository.
49-33 (c) In the manner prescribed by the director of the department, use
49-34 electronic means to receive and disseminate information contained in the
49-35 central repository that it is authorized to disseminate pursuant to the
49-36 provisions of this chapter.
49-37 8. As used in this section:
49-38 (a) “Advisory committee” means the committee established by the
49-39 director of the department pursuant to NRS 179A.078.
49-40 (b) “Personal identifying information” means any information designed,
49-41 commonly used or capable of being used, alone or in conjunction with any
49-42 other information, to identify a person, including, without limitation:
49-43 (1) The name, driver’s license number, social security number, date
49-44 of birth and photograph or computer generated image of a person; and
49-45 (2) The fingerprints, voiceprint, retina image and iris image of a
49-46 person.
50-1 Sec. 92. NRS 179A.100 is hereby amended to read as follows:
50-2 179A.100 1. The following records of criminal history may be
50-3 disseminated by an agency of criminal justice without any restriction
50-4 pursuant to this chapter:
50-5 (a) Any which reflect records of conviction only; and
50-6 (b) Any which pertain to an incident for which a person is currently
50-7 within the system of criminal justice, including parole or probation.
50-8 2. Without any restriction pursuant to this chapter, a record of criminal
50-9 history or the absence of such a record may be:
50-10 (a) Disclosed among agencies which maintain a system for the mutual
50-11 exchange of criminal records.
50-12 (b) Furnished by one agency to another to administer the system of
50-13 criminal justice, including the furnishing of information by a police
50-14 department to a district attorney.
50-15 (c) Reported to the central repository.
50-16 3. An agency of criminal justice shall disseminate to a prospective
50-17 employer, upon request, records of criminal history concerning a
50-18 prospective employee or volunteer which:
50-19 (a) Reflect convictions only; or
50-20 (b) Pertain to an incident for which the prospective employee or
50-21 volunteer is currently within the system of criminal justice, including
50-22 parole or probation.
50-23 4. The central repository shall disseminate to a prospective or current
50-24 employer, upon request, information relating to sexual offenses concerning
50-25 an employee, prospective employee, volunteer or prospective volunteer
50-26 who gives his written consent to the release of that information.
50-27 5. Records of criminal history must be disseminated by an agency of
50-28 criminal justice , upon request, to the following persons or governmental
50-29 entities:
50-30 (a) The person who is the subject of the record of criminal history for
50-31 the purposes of NRS 179A.150.
50-32 (b) The person who is the subject of the record of criminal history or his
50-33 attorney of record when the subject is a party in a judicial, administrative,
50-34 licensing, disciplinary or other proceeding to which the information is
50-35 relevant.
50-36 (c) The state gaming control board.
50-37 (d) The state board of nursing.
50-38 (e) The private investigator’s licensing board to investigate an applicant
50-39 for a license.
50-40 (f) A public administrator to carry out his duties as prescribed in chapter
50-41 253 of NRS.
50-42 (g) A public guardian to investigate a ward or proposed ward or persons
50-43 who may have knowledge of assets belonging to a ward or proposed ward.
50-44 (h) Any agency of criminal justice of the United States or of another
50-45 state or the District of Columbia.
50-46 (i) Any public utility subject to the jurisdiction of the public utilities
50-47 commission of Nevada when the information is necessary to conduct a
50-48 security investigation of an employee or prospective employee, or to
50-49 protect the public health, safety or welfare.
51-1 (j) Persons and agencies authorized by statute, ordinance, executive
51-2 order, court rule, court decision or court order as construed by appropriate
51-3 state or local officers or agencies.
51-4 (k) Any person or governmental entity which has entered into a contract
51-5 to provide services to an agency of criminal justice relating to the
51-6 administration of criminal justice, if authorized by the contract, and if the
51-7 contract also specifies that the information will be used only for stated
51-8 purposes and that it will be otherwise confidential in accordance with state
51-9 and federal law and regulation.
51-10 (l) Any reporter for the electronic or printed media in his professional
51-11 capacity for communication to the public.
51-12 (m) Prospective employers if the person who is the subject of the
51-13 information has given written consent to the release of that information by
51-14 the agency which maintains it.
51-15 (n) For the express purpose of research, evaluative or statistical
51-16 programs pursuant to an agreement with an agency of criminal justice.
51-17 (o) The division of child and family services of the department of
51-18 human resources and any county agency that is operated pursuant to NRS
51-19 432B.325 or authorized by a court of competent jurisdiction to receive and
51-20 investigate reports of abuse or neglect of children and which provides or
51-21 arranges for protective services for such children.
51-22 (p) The welfare division of the department of human resources or its
51-23 designated representative.
51-24 (q) An agency of this or any other state or the Federal Government that
51-25 is conducting activities pursuant to Part D of Title IV of the Social Security
51-26 Act , [(]42 U.S.C. §§ 651 et seq.[).]
51-27 (r) The state disaster identification team of the division of emergency
51-28 management of the department of [motor vehicles and] public safety.
51-29 6. Agencies of criminal justice in this state which receive information
51-30 from sources outside this state concerning transactions involving criminal
51-31 justice which occur outside Nevada shall treat the information as
51-32 confidentially as is required by the provisions of this chapter.
51-33 Sec. 93. NRS 179A.140 is hereby amended to read as follows:
51-34 179A.140 1. An agency of criminal justice may charge a reasonable
51-35 fee for information relating to sexual offenses or other records of criminal
51-36 history furnished to any person or governmental entity except another
51-37 agency of criminal justice and the state disaster identification team of the
51-38 division of emergency management of the department of [motor vehicles
51-39 and] public safety. The central repository shall not charge such a fee for
51-40 information relating to a person regarding whom the central repository
51-41 furnished a similar report within the immediately preceding 6 months in
51-42 conjunction with the application by that person for professional licensure.
51-43 2. All money received or collected by the department pursuant to this
51-44 section must be used to defray the cost of operating the central repository.
51-45 Sec. 94. NRS 179B.040 is hereby amended to read as follows:
51-46 179B.040 “Department” means the department of [motor vehicles and]
51-47 public safety.
52-1 Sec. 95. NRS 179C.160 is hereby amended to read as follows:
52-2 179C.160 Upon registering a convicted person pursuant to the
52-3 provisions of this chapter, a sheriff or a chief of police shall forward all
52-4 information concerning such registration to the central repository for
52-5 Nevada records of criminal history in the manner prescribed by the director
52-6 of the department of [motor vehicles and] public safety.
52-7 Sec. 96. NRS 179D.040 is hereby amended to read as follows:
52-8 179D.040 “Division” means the division of parole and probation of the
52-9 department of [motor vehicles and] public safety.
52-10 Sec. 97. NRS 202.3653 is hereby amended to read as follows:
52-11 202.3653 As used in NRS 202.3653 to 202.369, inclusive, unless the
52-12 context otherwise requires:
52-13 1. “Concealed firearm” means a loaded or unloaded pistol, revolver or
52-14 other firearm which is carried upon a person in such a manner as not to be
52-15 discernible by ordinary observation.
52-16 2. “Department” means the department of [motor vehicles and] public
52-17 safety.
52-18 3. “Permit” means a permit to carry a concealed firearm issued
52-19 pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.
52-20 Sec. 98. NRS 202.3657 is hereby amended to read as follows:
52-21 202.3657 1. Any person may apply to the sheriff of the county in
52-22 which he resides for a permit on a form prescribed by regulation of the
52-23 department. Application forms for permits must be furnished by the sheriff
52-24 of each county upon request.
52-25 2. Except as otherwise provided in this section, the sheriff shall issue a
52-26 permit for no more than two specific firearms to any person who is
52-27 qualified to possess a firearm under state and federal law, who submits an
52-28 application in accordance with the provisions of this section and who:
52-29 (a) Is a resident of this state;
52-30 (b) Is 21 years of age or older;
52-31 (c) Is not prohibited from possessing a firearm pursuant to NRS
52-32 202.360; and
52-33 (d) Demonstrates competence with a firearm by presenting a certificate
52-34 or other documentation to the sheriff which shows that he:
52-35 (1) Successfully completed a course in firearm safety approved by a
52-36 sheriff in this state; or
52-37 (2) Successfully completed a course in firearm safety offered by a
52-38 federal, state or local law enforcement agency, community college,
52-39 university or national organization that certifies instructors in firearm
52-40 safety.
52-41 Such a course must include instruction in the use of each firearm to which
52-42 the application pertains and in the laws of this state relating to the proper
52-43 use of a firearm. A sheriff may not approve a course in firearm safety
52-44 pursuant to subparagraph (1) unless he determines that the course meets
52-45 any standards that are established by the Nevada Sheriffs and Chiefs
52-46 Association[,] or , if the Nevada Sheriffs and Chiefs Association ceases to
52-47 exist, its legal successor.
52-48 3. The sheriff shall deny an application or revoke a permit if he
52-49 determines that the applicant or permittee:
53-1 (a) Has an outstanding warrant for his arrest.
53-2 (b) Has been judicially declared incompetent or insane.
53-3 (c) Has been voluntarily or involuntarily admitted to a mental health
53-4 facility during the immediately preceding 5 years.
53-5 (d) Has habitually used intoxicating liquor or a controlled substance to
53-6 the extent that his normal faculties are impaired. For the purposes of this
53-7 paragraph, it is presumed that a person has so used intoxicating liquor or a
53-8 controlled substance if, during the immediately preceding 5 years, he has
53-9 been:
53-10 (1) Convicted of violating the provisions of NRS 484.379; or
53-11 (2) Committed for treatment pursuant to NRS 458.290 to 458.350,
53-12 inclusive.
53-13 (e) Has been convicted of a crime involving the use or threatened use of
53-14 force or violence punishable as a misdemeanor under the laws of this or
53-15 any other state, or a territory or possession of the United States at any time
53-16 during the immediately preceding 3 years.
53-17 (f) Has been convicted of a felony in this state or under the laws of any
53-18 state, territory or possession of the United States.
53-19 (g) Has been convicted of a crime involving domestic violence or
53-20 stalking, or is currently subject to a restraining order, injunction or other
53-21 order for protection against domestic violence.
53-22 (h) Is currently on parole or probation from a conviction obtained in this
53-23 state or in any other state or territory or possession of the United States.
53-24 (i) Has, within the immediately preceding 5 years, been subject to any
53-25 requirements imposed by a court of this state or of any other state or
53-26 territory or possession of the United States, as a condition to the court’s:
53-27 (1) Withholding of the entry of judgment for his conviction of a
53-28 felony; or
53-29 (2) Suspension of his sentence for the conviction of a felony.
53-30 (j) Has made a false statement on any application for a permit or for the
53-31 renewal of a permit.
53-32 4. The sheriff may deny an application or revoke a permit if he
53-33 receives a sworn affidavit stating articulable facts based upon personal
53-34 knowledge from any natural person who is 18 years of age or older that the
53-35 applicant or permittee has or may have committed an offense or engaged in
53-36 any other activity specified in subsection 3 which would preclude the
53-37 issuance of a permit to the applicant or require the revocation of a permit
53-38 pursuant to this section.
53-39 5. If the sheriff receives notification submitted by a court or law
53-40 enforcement agency of this or any other state, the United States or a
53-41 territory or possession of the United States that a permittee or an applicant
53-42 for a permit has been charged with a crime involving the use or threatened
53-43 use of force or violence, the conviction for which would require the
53-44 revocation of a permit or preclude the issuance of a permit to the applicant
53-45 pursuant to this section, the sheriff shall suspend the person’s permit or the
53-46 processing of his application until the final disposition of the charges
53-47 against him. If a permittee is acquitted of the charges against him, or if the
53-48 charges are dropped, the sheriff shall restore his permit without imposing a
53-49 fee.
54-1 6. An application submitted pursuant to this section must be completed
54-2 and signed under oath by the applicant. The applicant’s signature must be
54-3 witnessed by an employee of the sheriff or notarized by a notary public.
54-4 The application must include:
54-5 (a) The name, address, place and date of birth, social security number,
54-6 occupation and employer of the applicant and any other names used by the
54-7 applicant;
54-8 (b) A complete set of the applicant’s fingerprints taken by the sheriff or
54-9 his agent;
54-10 (c) A front-view colored photograph of the applicant taken by the
54-11 sheriff or his agent;
54-12 (d) The [applicant’s] driver’s license number or identification card
54-13 number of the applicant issued by the department[;] of motor vehicles;
54-14 (e) The make, model and caliber of each firearm to which the
54-15 application pertains;
54-16 (f) A nonrefundable fee in the amount necessary to obtain the report
54-17 required pursuant to subsection 1 of NRS 202.366; and
54-18 (g) A nonrefundable fee set by the sheriff not to exceed $60.
54-19 Sec. 99. NRS 205.465 is hereby amended to read as follows:
54-20 205.465 1. It is unlawful for a person to possess, sell or transfer any
54-21 document or personal identifying information for the purpose of
54-22 establishing a false status, occupation, membership, license or identity for
54-23 himself or any other person.
54-24 2. A person who:
54-25 (a) Sells or transfers any such document or personal identifying
54-26 information in violation of subsection 1; or
54-27 (b) Possesses any such document or personal identifying information in
54-28 violation of subsection 1 to commit any of the crimes set forth in NRS
54-29 205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to
54-30 205.810, inclusive,
54-31 is guilty of a category C felony and shall be punished as provided in NRS
54-32 193.130.
54-33 3. Except as otherwise provided in subsection 2, a person who
54-34 possesses any such document or personal identifying information in
54-35 violation of subsection 1 is guilty of a misdemeanor.
54-36 4. Subsection 1 does not:
54-37 (a) Preclude the adoption by a city or county of an ordinance prohibiting
54-38 the possession of any such document or personal identifying information;
54-39 or
54-40 (b) Prohibit the possession or use of any such document or personal
54-41 identifying information by officers of local police, sheriff and metropolitan
54-42 police departments and by agents of the investigation division of the
54-43 department of [motor vehicles and] public safety while engaged in
54-44 undercover investigations related to the lawful discharge of their duties.
54-45 5. As used in this section:
54-46 (a) “Document” includes, without limitation, a photocopy print,
54-47 photostat and other replica of a document.
55-1 (b) “Personal identifying information” means any information designed,
55-2 commonly used or capable of being used, alone or in conjunction with any
55-3 other information, to identify a person, including, without limitation:
55-4 (1) The name, driver’s license number, social security number,
55-5 savings account number, credit card number, debit card number, date of
55-6 birth, place of employment and maiden name of the mother of a person;
55-7 and
55-8 (2) The fingerprints, voiceprint, retina image and iris image of a
55-9 person.
55-10 Sec. 100. NRS 206.330 is hereby amended to read as follows:
55-11 206.330 1. Unless a greater criminal penalty is provided by a specific
55-12 statute, a person who places graffiti on or otherwise defaces the public or
55-13 private property, real or personal, of another, without the permission of the
55-14 owner is guilty of a public offense, as prescribed in NRS 193.155,
55-15 proportionate to the value of the property damaged or destroyed and in no
55-16 event less than a misdemeanor.
55-17 2. A person who violates subsection 1 shall, in addition to any other
55-18 fine or penalty imposed:
55-19 (a) For the first offense, perform not less than 50 hours, but not more
55-20 than 99 hours, of community service.
55-21 (b) For the second offense, perform not less than 100 hours, but not
55-22 more than 199 hours, of community service.
55-23 (c) For the third and each subsequent offense, perform not less than 200
55-24 hours of community service.
55-25 The community service assigned pursuant to this subsection must, if
55-26 possible, be related to the abatement of graffiti.
55-27 3. The parent or legal guardian of a person under the age of 17 years
55-28 who violates this section is liable for all fines and penalties imposed
55-29 against the person. If the parent or legal guardian is unable to pay the fine
55-30 and penalties resulting from a violation of this section because of financial
55-31 hardship, the court may require the parent or legal guardian to perform
55-32 community service.
55-33 4. If a person who is 18 years of age or older is found guilty of
55-34 violating this section, the court may issue an order suspending the driver’s
55-35 license of the person for a period not to exceed 6 months in addition to any
55-36 other penalty imposed. If such an order is issued, the court shall require the
55-37 person to surrender all driver’s licenses then held by the person. If the
55-38 person does not possess a driver’s license, the court may issue an order
55-39 prohibiting the person from applying for a driver’s license within the 6
55-40 months immediately following the date of the order. The court shall, within
55-41 5 days after issuing the order, forward to the department of motor vehicles
55-42 [and public safety] any licenses together with a copy of the order.
55-43 5. The department of motor vehicles : [and public safety:]
55-44 (a) Shall not treat a violation of this section in the manner statutorily
55-45 required for a moving traffic violation.
55-46 (b) Shall report the suspension of a driver’s license pursuant to this
55-47 section to an insurance company or its agent inquiring about the person’s
55-48 driving record. An insurance company shall not use any information
56-1 obtained pursuant to this paragraph for purposes related to establishing
56-2 premium rates or determining whether to underwrite the insurance.
56-3 6. A criminal penalty imposed pursuant to this section is in addition to
56-4 any civil penalty or other remedy available pursuant to another statute for
56-5 the same conduct.
56-6 Sec. 101. NRS 209.246 is hereby amended to read as follows:
56-7 209.246 The director shall, with the approval of the board, establish by
56-8 regulation criteria for a reasonable deduction from money credited to the
56-9 account of an offender to:
56-10 1. Repay the cost of:
56-11 (a) State property willfully damaged, destroyed or lost by the offender
56-12 during his incarceration.
56-13 (b) Medical examination, diagnosis or treatment for injuries:
56-14 (1) Inflicted by the offender upon himself or other offenders; or
56-15 (2) Which occur during voluntary recreational activities.
56-16 (c) Searching for and apprehending the offender when he escapes or
56-17 attempts to escape.
56-18 (d) Quelling any riot or other disturbance in which the offender is
56-19 unlawfully involved.
56-20 (e) Providing a funeral for an offender.
56-21 (f) Providing an offender with clothing, transportation and money upon
56-22 his release from prison pursuant to NRS 209.511.
56-23 (g) Transportation of an offender pursuant to a court order in cases other
56-24 than a criminal prosecution, a proceeding for post-conviction relief
56-25 involving the offender or a proceeding in which the offender has
56-26 challenged the conditions of his confinement.
56-27 (h) Monetary sanctions imposed under the code of penal discipline
56-28 adopted by the department.
56-29 2. Defray, as determined by the director, a portion of the costs paid by
56-30 the department for medical care for the offender, including, but not limited
56-31 to:
56-32 (a) Except as otherwise provided in paragraph (b) of subsection 1,
56-33 expenses for medical or dental care, prosthetic devices and pharmaceutical
56-34 items; and
56-35 (b) Expenses for prescribed medicine and supplies.
56-36 3. Repay the costs incurred by the department on behalf of the
56-37 offender for:
56-38 (a) Postage for personal items and items related to litigation;
56-39 (b) Photocopying of personal documents and legal documents, for
56-40 which the offender must be charged a reasonable fee not to exceed the
56-41 actual costs incurred by the department;
56-42 (c) Legal supplies;
56-43 (d) Telephone calls charged to the department;
56-44 (e) Charges relating to checks returned for insufficient funds and checks
56-45 for which an order to stop payment has been made;
56-46 (f) Items related to the offender’s work, including, but not limited to,
56-47 clothing, shoes, boots, tools, a driver’s license or identification card issued
56-48 by the department of motor vehicles , [and public safety,] a work card
56-49 issued by a law enforcement agency and a health card; and
57-1 (g) The replacement of an identification card or prepaid ticket for bus
57-2 transportation issued to the offender by the department.
57-3 4. Repay any cost to the State of Nevada or any agency or political
57-4 subdivision thereof that is incurred in defending the state against an action
57-5 filed by an offender in federal court alleging a violation of his civil rights
57-6 which is determined by the court to be frivolous.
57-7 All money collected pursuant to this section must be deposited in the
57-8 appropriate account in the state general fund for reimbursement of the
57-9 related expenditure.
57-10 Sec. 102. NRS 209.392 is hereby amended to read as follows:
57-11 209.392 1. Except as otherwise provided in NRS 209.3925 and
57-12 209.429, the director may, at the request of an offender who is eligible for
57-13 residential confinement pursuant to the standards adopted by the director
57-14 pursuant to subsection 3 and who has:
57-15 (a) Established a position of employment in the community;
57-16 (b) Enrolled in a program for education or rehabilitation; or
57-17 (c) Demonstrated an ability to pay for all or part of the costs of his
57-18 confinement and to meet any existing obligation for restitution to any
57-19 victim of his crime,
57-20 assign the offender to the custody of the division of parole and probation of
57-21 the department of [motor vehicles and] public safety to serve a term of
57-22 residential confinement, pursuant to NRS 213.380, for not longer than the
57-23 remainder of his sentence.
57-24 2. Upon receiving a request to serve a term of residential confinement
57-25 from an eligible offender, the director shall notify the division of parole
57-26 and probation. If any victim of a crime committed by the offender has,
57-27 pursuant to subsection 4 of NRS 213.130, requested to be notified of the
57-28 consideration of a prisoner for parole and has provided a current address,
57-29 the division of parole and probation shall notify the victim of the offender’s
57-30 request and advise the victim that he may submit documents regarding the
57-31 request to the division of parole and probation. If a current address has not
57-32 been provided as required by subsection 4 of NRS 213.130, the division of
57-33 parole and probation must not be held responsible if such notification is not
57-34 received by the victim. All personal information, including, but not limited
57-35 to, a current or former address, which pertains to a victim and which is
57-36 received by the division of parole and probation pursuant to this subsection
57-37 is confidential.
57-38 3. The director, after consulting with the division of parole and
57-39 probation, shall adopt, by regulation, standards providing which offenders
57-40 are eligible for residential confinement. The standards adopted by the
57-41 director must provide that an offender who:
57-42 (a) Is not eligible for parole or release from prison within a reasonable
57-43 period;
57-44 (b) Has recently committed a serious infraction of the rules of an
57-45 institution or facility of the department;
57-46 (c) Has not performed the duties assigned to him in a faithful and
57-47 orderly manner;
57-48 (d) Has ever been convicted of:
58-1 (1) Any crime involving the use or threatened use of force or violence
58-2 against the victim; or
58-3 (2) A sexual offense;
58-4 (e) Has more than one prior conviction for any felony in this state or
58-5 any offense in another state that would be a felony if committed in this
58-6 state, not including a violation of NRS 484.3792 or 484.3795;
58-7 (f) Has escaped or attempted to escape from any jail or correctional
58-8 institution for adults; or
58-9 (g) Has not made an effort in good faith to participate in or to complete
58-10 any educational or vocational program or any program of treatment, as
58-11 ordered by the director,
58-12 is not eligible for assignment to the custody of the division of parole and
58-13 probation to serve a term of residential confinement pursuant to this
58-14 section.
58-15 4. If an offender assigned to the custody of the division of parole and
58-16 probation pursuant to this section escapes or violates any of the terms or
58-17 conditions of his residential confinement:
58-18 (a) The division of parole and probation may, pursuant to the procedure
58-19 set forth in NRS 213.410, return the offender to the custody of the
58-20 department.
58-21 (b) The offender forfeits all or part of the credits for good behavior
58-22 earned by him before the escape or violation, as determined by the director.
58-23 The director may provide for a forfeiture of credits pursuant to this
58-24 paragraph only after proof of the offense and notice to the offender[,] and
58-25 may restore credits forfeited for such reasons as he considers proper. The
58-26 decision of the director regarding such a forfeiture is final.
58-27 5. The assignment of an offender to the custody of the division of
58-28 parole and probation pursuant to this section shall be deemed:
58-29 (a) A continuation of his imprisonment and not a release on parole; and
58-30 (b) For the purposes of NRS 209.341, an assignment to a facility of the
58-31 department,
58-32 except that the offender is not entitled to obtain any benefits or to
58-33 participate in any programs provided to offenders in the custody of the
58-34 department.
58-35 6. An offender does not have a right to be assigned to the custody of
58-36 the division of parole and probation pursuant to this section, or to remain in
58-37 that custody after such an assignment, and it is not intended that the
58-38 provisions of this section or of NRS 213.371 to 213.410, inclusive, create
58-39 any right or interest in liberty or property or establish a basis for any cause
58-40 of action against the state, its political subdivisions, agencies, boards,
58-41 commissions, departments, officers or employees.
58-42 Sec. 103. NRS 209.3925 is hereby amended to read as follows:
58-43 209.3925 1. Except as otherwise provided in subsection 6, the
58-44 director may assign an offender to the custody of the division of parole and
58-45 probation of the department of [motor vehicles and] public safety to serve a
58-46 term of residential confinement pursuant to NRS 213.380, for not longer
58-47 than the remainder of his sentence, if:
58-48 (a) The director has reason to believe that the offender is:
59-1 (1) Physically incapacitated to such a degree that he does not
59-2 presently, and likely will not in the future, pose a threat to the safety of the
59-3 public; or
59-4 (2) In ill health and expected to die within 12 months, and does not
59-5 presently, and likely will not in the future, pose a threat to the safety of the
59-6 public; and
59-7 (b) At least two physicians licensed pursuant to chapter 630 of NRS,
59-8 one of whom is not employed by the department, verify, in writing, that the
59-9 offender is:
59-10 (1) Physically incapacitated; or
59-11 (2) In ill health and expected to die within 12 months.
59-12 2. If the director intends to assign an offender to the custody of the
59-13 division of parole and probation pursuant to this section, at least 45 days
59-14 before the date the offender is expected to be released from the custody of
59-15 the department, the director shall notify:
59-16 (a) If the offender will reside within this state after he is released from
59-17 the custody of the department, the board of county commissioners of the
59-18 county in which the offender will reside; and
59-19 (b) The division of parole and probation.
59-20 3. If any victim of a crime committed by the offender has, pursuant to
59-21 subsection 4 of NRS 213.130, requested to be notified of the consideration
59-22 of a prisoner for parole and has provided a current address, the division of
59-23 parole and probation shall notify the victim that:
59-24 (a) The director intends to assign the offender to the custody of the
59-25 division of parole and probation pursuant to this section; and
59-26 (b) The victim may submit documents to the division of parole and
59-27 probation regarding such an assignment.
59-28 If a current address has not been provided by a victim as required by
59-29 subsection 4 of NRS 213.130, the division of parole and probation must not
59-30 be held responsible if notification is not received by the victim. All
59-31 personal information, including, but not limited to, a current or former
59-32 address, which pertains to a victim and which is received by the division of
59-33 parole and probation pursuant to this subsection is confidential.
59-34 4. If an offender assigned to the custody of the division of parole and
59-35 probation pursuant to this section escapes or violates any of the terms or
59-36 conditions of his residential confinement:
59-37 (a) The division of parole and probation may, pursuant to the procedure
59-38 set forth in NRS 213.410, return the offender to the custody of the
59-39 department.
59-40 (b) The offender forfeits all or part of the credits for good behavior
59-41 earned by him before the escape or violation, as determined by the director.
59-42 The director may provide for a forfeiture of credits pursuant to this
59-43 paragraph only after proof of the offense and notice to the offender[,] and
59-44 may restore credits forfeited for such reasons as he considers proper. The
59-45 decision of the director regarding such a forfeiture is final.
59-46 5. The assignment of an offender to the custody of the division of
59-47 parole and probation pursuant to this section shall be deemed:
59-48 (a) A continuation of his imprisonment and not a release on parole; and
60-1 (b) For the purposes of NRS 209.341, an assignment to a facility of the
60-2 department,
60-3 except that the offender is not entitled to obtain any benefits or to
60-4 participate in any programs provided to offenders in the custody of the
60-5 department.
60-6 6. The director may not assign an offender to the custody of the
60-7 division of parole and probation pursuant to this section if the offender is
60-8 sentenced to death or imprisonment for life without the possibility of
60-9 parole.
60-10 7. An offender does not have a right to be assigned to the custody of
60-11 the division of parole and probation pursuant to this section, or to remain in
60-12 that custody after such an assignment, and it is not intended that the
60-13 provisions of this section or of NRS 213.371 to 213.410, inclusive, create
60-14 any right or interest in liberty or property or establish a basis for any cause
60-15 of action against the state, its political subdivisions, agencies, boards,
60-16 commissions, departments, officers or employees.
60-17 Sec. 104. NRS 209.427 is hereby amended to read as follows:
60-18 209.427 1. If the results of an evaluation conducted pursuant to NRS
60-19 484.3796 indicate that an offender is an abuser of alcohol or drugs and that
60-20 he can be treated successfully for his condition, the director shall, except as
60-21 otherwise provided in this section, assign the offender to the program of
60-22 treatment established pursuant to NRS 209.425. Such an assignment must
60-23 be, to the extent that the period reasonably can be predicted, for the year, or
60-24 as much thereof as practicable, immediately preceding the date the
60-25 offender is due to be released from prison, either on parole or at the
60-26 expiration of his term.
60-27 2. Before assigning an offender to a program of treatment, the director,
60-28 in cooperation with the division of parole and probation of the department
60-29 of [motor vehicles and] public safety, shall determine, to the extent
60-30 possible:
60-31 (a) The length of time remaining on the offender’s sentence, taking into
60-32 consideration any credits earned by the offender; and
60-33 (b) The likelihood that the offender will complete the entire program of
60-34 treatment.
60-35 3. The director shall when assigning offenders to the program, to the
60-36 extent possible, give preference to those offenders who appear to the
60-37 director capable of successfully completing the entire program.
60-38 4. The director is not required to assign an offender to the program of
60-39 treatment if the offender is not eligible for assignment to an institution or
60-40 facility of minimum security pursuant to the provisions of NRS 209.481
60-41 and the regulations adopted pursuant thereto.
60-42 5. The director may withdraw the offender from the program of
60-43 treatment at any time if he determines that the offender:
60-44 (a) Is not responding satisfactorily to the program; or
60-45 (b) Has failed or refused to comply with any term or condition of the
60-46 program.
60-47 6. As used in this section, “entire program” means both phases of the
60-48 program established pursuant to NRS 209.425, for offenders who have not
60-49 been released from prison, and NRS 209.429, for offenders who have been
61-1 assigned to the custody of the division of parole and probation of the
61-2 department of [motor vehicles and] public safety.
61-3 Sec. 105. NRS 209.429 is hereby amended to read as follows:
61-4 209.429 1. Except as otherwise provided in subsection 6, the director
61-5 shall assign an offender to the custody of the division of parole and
61-6 probation of the department of [motor vehicles and] public safety to serve a
61-7 term of residential confinement, pursuant to NRS 213.380, for not longer
61-8 than the remainder of the maximum term of his sentence if:
61-9 (a) The offender has:
61-10 (1) Established a position of employment in the community;
61-11 (2) Enrolled in a program for education or rehabilitation; or
61-12 (3) Demonstrated an ability to pay for all or part of the costs of his
61-13 confinement and to meet any existing obligation for restitution to any
61-14 victim of his crime;
61-15 (b) The offender has successfully completed the initial period of
61-16 treatment required under the program of treatment established pursuant to
61-17 NRS 209.425; and
61-18 (c) The director believes that the offender will be able to:
61-19 (1) Comply with the terms and conditions required under residential
61-20 confinement; and
61-21 (2) Complete successfully the remainder of the program of treatment
61-22 while under residential confinement.
61-23 If an offender assigned to the program of treatment pursuant to NRS
61-24 209.427[,] completes the initial phase of the program and thereafter
61-25 refuses to enter the remainder of the program of treatment pursuant to this
61-26 section, the offender forfeits all or part of the credits earned by him to
61-27 reduce his sentence pursuant to this chapter before this refusal, as
61-28 determined by the director. The director may provide for a forfeiture of
61-29 credits pursuant to this paragraph only after proof of the offense and notice
61-30 to the offender[,] and may restore credits forfeited for such reasons as he
61-31 considers proper. The decision of the director regarding such a forfeiture is
61-32 final.
61-33 2. Before a person may be assigned to serve a term of residential
61-34 confinement pursuant to this section, he must submit to the division of
61-35 parole and probation a signed document stating that:
61-36 (a) He will comply with the terms or conditions of his residential
61-37 confinement; and
61-38 (b) If he fails to comply with the terms or conditions of his residential
61-39 confinement and is taken into custody outside of this state, he waives all
61-40 his rights relating to extradition proceedings.
61-41 3. If an offender assigned to the custody of the division of parole and
61-42 probation pursuant to this section escapes or violates any of the terms or
61-43 conditions of his residential confinement:
61-44 (a) The division of parole and probation may, pursuant to the procedure
61-45 set forth in NRS 213.410, return the offender to the custody of the
61-46 department of prisons.
61-47 (b) The offender forfeits all or part of the credits earned by him to
61-48 reduce his sentence pursuant to this chapter before the escape or violation,
61-49 as determined by the director. The director may provide for a forfeiture of
62-1 credits pursuant to this paragraph only after proof of the offense and notice
62-2 to the offender[,] and may restore credits forfeited for such reasons as he
62-3 considers proper. The decision of the director regarding forfeiture of
62-4 credits is final.
62-5 4. The assignment of an offender to the custody of the division of
62-6 parole and probation pursuant to this section shall be deemed:
62-7 (a) A continuation of his imprisonment and not a release on parole; and
62-8 (b) For the purposes of NRS 209.341, an assignment to a facility of the
62-9 department of prisons,
62-10 except that the offender is not entitled to obtain any benefits or to
62-11 participate in any programs provided to offenders in the custody of the
62-12 department of prisons.
62-13 5. A person does not have a right to be assigned to the custody of the
62-14 division of parole and probation pursuant to this section, or to remain in
62-15 that custody after such an assignment, and it is not intended that the
62-16 provisions of this section or of NRS 213.371 to 213.410, inclusive, create
62-17 any right or interest in liberty or property or establish a basis for any cause
62-18 of action against the state, its political subdivisions, agencies, boards,
62-19 commissions, departments, officers or employees.
62-20 6. The director shall not assign an offender who is serving a sentence
62-21 for committing a battery which constitutes domestic violence pursuant to
62-22 NRS 33.018 to the custody of the division of parole and probation to serve
62-23 a term of residential confinement unless the director makes a finding that
62-24 the offender is not likely to pose a threat to the victim of the battery.
62-25 Sec. 106. NRS 209.462 is hereby amended to read as follows:
62-26 209.462 The director shall provide a secure facility to be used by the
62-27 department of motor vehicles [and public safety] for the production of
62-28 license plates.
62-29 Sec. 107. NRS 209.4827 is hereby amended to read as follows:
62-30 209.4827 The director may:
62-31 1. With the approval of the board, establish centers to house offenders
62-32 within a community so they may work to earn wages with which to make
62-33 restitution to the victims of their crimes.
62-34 2. If space is available, assign to the center:
62-35 (a) An offender participating in a work or educational release program.
62-36 (b) An offender who has been paroled if such a request is made by the
62-37 division of parole and probation of the department of [motor vehicles and]
62-38 public safety.
62-39 Sec. 108. NRS 213.107 is hereby amended to read as follows:
62-40 213.107 As used in NRS 213.107 to 213.157, inclusive, unless the
62-41 context otherwise requires:
62-42 1. “Board” means the state board of parole commissioners.
62-43 2. “Chief” means the chief parole and probation officer.
62-44 3. “Division” means the division of parole and probation of the
62-45 department of [motor vehicles and] public safety.
62-46 4. “Residential confinement” means the confinement of a person
62-47 convicted of a crime to his place of residence under the terms and
62-48 conditions established by the board.
63-1 5. “Sex offender” means any person who has been or is convicted of a
63-2 sexual offense.
63-3 6. “Sexual offense” means:
63-4 (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS
63-5 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph
63-6 (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,
63-7 NRS 201.230 or 201.450;
63-8 (b) An attempt to commit any offense listed in paragraph (a); or
63-9 (c) An act of murder in the first or second degree, kidnapping in the first
63-10 or second degree, false imprisonment, burglary or invasion of the home if
63-11 the act is determined to be sexually motivated at a hearing conducted
63-12 pursuant to NRS 175.547.
63-13 7. “Standards” means the objective standards for granting or revoking
63-14 parole or probation which are adopted by the board or the chief.
63-15 Sec. 109. NRS 213.1071 is hereby amended to read as follows:
63-16 213.1071 1. There is hereby created the division of parole and
63-17 probation of the department of [motor vehicles and] public safety.
63-18 2. The division consists of the chief and such sections as the chief may
63-19 create with the approval of the director of the department of [motor
63-20 vehicles and] public safety.
63-21 3. The chief of the division is the chief parole and probation officer.
63-22 Sec. 110. NRS 213.108 is hereby amended to read as follows:
63-23 213.108 1. The state board of parole commissioners is hereby
63-24 created within the department of [motor vehicles and] public safety.
63-25 2. The board consists of seven members appointed by the governor.
63-26 3. A chairman of the board must be appointed by the governor. The
63-27 chairman is the executive officer of the board and shall administer its
63-28 activities and services and is responsible for its management except as
63-29 otherwise provided in NRS 213.1085.
63-30 4. Each member of the board must have at least:
63-31 (a) A bachelor’s degree in criminal justice, law enforcement, sociology,
63-32 psychology, social work, law or the administration of correctional or
63-33 rehabilitative facilities and programs and not less than 3 years of
63-34 experience working in one or several of these fields; or
63-35 (b) Four years of experience in one or several of the fields specified in
63-36 paragraph (a).
63-37 5. Except as otherwise provided in subsection 6, when making an
63-38 appointment to the board, the governor shall, to the extent practicable:
63-39 (a) Appoint a person who has experience in the field of:
63-40 (1) Prisons;
63-41 (2) Parole and probation;
63-42 (3) Law enforcement, including investigation;
63-43 (4) Criminal law as the attorney general, a deputy attorney general, a
63-44 district attorney or a deputy district attorney;
63-45 (5) Social work or therapy with emphasis on family counseling,
63-46 domestic violence and urban social problems; or
63-47 (6) The advocacy of victims’ rights; and
63-48 (b) Ensure that each of the fields listed in paragraph (a) is represented
63-49 by at least one member of the board who has experience in the field.
64-1 6. No more than two members of the board may represent one of the
64-2 fields listed in paragraph (a) of subsection 5.
64-3 7. Except as otherwise provided in NRS 213.133, a decision on any
64-4 issue before the board, concurred in by four or more members, is the
64-5 decision of the board.
64-6 Sec. 111. NRS 213.1088 is hereby amended to read as follows:
64-7 213.1088 1. The department of [motor vehicles and] public safety in
64-8 conjunction with the department of prisons shall establish a program of
64-9 orientation that:
64-10 (a) Each member of the board shall attend upon appointment to a first
64-11 term; and
64-12 (b) Each person named by the board to the list of persons eligible to
64-13 serve as a case hearing representative pursuant to NRS 213.135 shall attend
64-14 upon being named to the list. A person named to the list may not serve as a
64-15 case hearing representative until the person completes the program of
64-16 orientation.
64-17 2. The program of orientation must include a minimum of 40 hours of
64-18 training. The information presented during the program of orientation must
64-19 include, but is not limited to:
64-20 (a) A historical perspective of parole, including the objectives of and
64-21 reasons for using parole within the criminal justice system;
64-22 (b) The role and function of the board within the criminal justice
64-23 system;
64-24 (c) The responsibilities of members of the board and case hearing
64-25 representatives;
64-26 (d) The goals and objectives of the board;
64-27 (e) The programs administered by the board;
64-28 (f) The policies and procedures of the board; and
64-29 (g) The laws and regulations governing parole, including the standards
64-30 for granting, denying, revoking and continuing parole.
64-31 3. The chairman of the board shall develop a written plan for the
64-32 continuing education of members of the board and case hearing
64-33 representatives. The plan must require that:
64-34 (a) Each member of the board shall attend not less than 16 hours of
64-35 courses for continuing education during each year of the member’s term.
64-36 (b) Each case hearing representative shall attend not less than 16 hours
64-37 of courses for continuing education during each year that the representative
64-38 is on the list of persons eligible to serve as a case hearing representative.
64-39 4. A member of the board or a case hearing representative may meet
64-40 the requirement for continuing education by successfully completing
64-41 courses in any combination of the following subjects:
64-42 (a) The role and function of the board within the criminal justice
64-43 system;
64-44 (b) Changes in the law, including judicial decisions affecting parole;
64-45 (c) Developing skills in communicating, making decisions and solving
64-46 problems;
64-47 (d) The interpretation and use of research, data and reports;
64-48 (e) Correctional policies and programs, including programs for the
64-49 treatment of prisoners and parolees;
65-1 (f) Alternative punishments for disobedience;
65-2 (g) The selection of prisoners for parole;
65-3 (h) The supervision of parolees;
65-4 (i) The designation of and programs for repeating or professional
65-5 offenders;
65-6 (j) Problems related to gangs;
65-7 (k) The abuse of alcohol and drugs;
65-8 (l) The acquired immune deficiency syndrome;
65-9 (m) Domestic violence; and
65-10 (n) Mental illness and mental retardation.
65-11 5. The board shall, within the limits of legislative appropriations, pay
65-12 the expenses of members of the board and case hearing representatives
65-13 attending courses for continuing education.
65-14 Sec. 112. NRS 213.1092 is hereby amended to read as follows:
65-15 213.1092 1. The director of the department of [motor vehicles and]
65-16 public safety shall appoint the chief parole and probation officer, who is in
65-17 the unclassified service of the state.
65-18 2. The chief parole and probation officer must:
65-19 (a) Be selected on the basis of his training, experience, capacity and
65-20 interest in correctional services.
65-21 (b) Have had at least 5 years’ experience in correctional programs, of
65-22 which at least 3 years were in a responsible administrative position.
65-23 3. The principal office of the chief parole and probation officer must
65-24 be in Carson City, Nevada.
65-25 Sec. 113. NRS 213.371 is hereby amended to read as follows:
65-26 213.371 As used in NRS 213.371 to 213.410, inclusive, unless the
65-27 context otherwise requires:
65-28 1. “Division” means the division of parole and probation of the
65-29 department of [motor vehicles and] public safety.
65-30 2. “Offender” means a prisoner assigned to the custody of the division
65-31 pursuant to NRS 209.392, 209.3925 or 209.429.
65-32 3. “Residential confinement” means the confinement of an offender to
65-33 his place of residence under the terms and conditions established by the
65-34 division.
65-35 Sec. 114. NRS 233F.170 is hereby amended to read as follows:
65-36 233F.170 In the event of any emergency, the governor may direct the
65-37 division of emergency management of the department of [motor vehicles
65-38 and] public safety to assume control over all or part of the state
65-39 communications system.
65-40 Sec. 115. NRS 242.131 is hereby amended to read as follows:
65-41 242.131 1. The department shall provide state agencies and elected
65-42 state officers with all their required design of information systems. All
65-43 agencies and officers must use those services and equipment, except as
65-44 otherwise provided in subsection 2.
65-45 2. The following agencies may negotiate with the department for its
65-46 services or the use of its equipment, subject to the provisions of this
65-47 chapter, and the department shall provide those services and the use of that
65-48 equipment as may be mutually agreed:
65-49 (a) The court administrator;
66-1 (b) The department of motor vehicles;
66-2 (c) The department of [motor vehicles and] public safety;
66-3 [(c)] (d) The department of transportation;
66-4 [(d)] (e) The employment security division of the department of
66-5 employment, training and rehabilitation;
66-6 [(e)] (f) The division of wildlife of the state department of conservation
66-7 and natural resources;
66-8 [(f)] (g) The legislative counsel bureau;
66-9 [(g)] (h) The state controller;
66-10 [(h)] (i) The state gaming control board and Nevada gaming
66-11 commission; and
66-12 [(i)] (j) The University and Community College System of Nevada.
66-13 3. Any state agency or elected state officer who uses the services of the
66-14 department and desires to withdraw substantially from that use must apply
66-15 to the director for approval. The application must set forth justification for
66-16 the withdrawal. If the director denies the application, the agency or officer
66-17 must:
66-18 (a) If the legislature is in regular or special session, obtain the approval
66-19 of the legislature by concurrent resolution.
66-20 (b) If the legislature is not in regular or special session, obtain the
66-21 approval of the interim finance committee. The director shall, within 45
66-22 days after receipt of the application, forward the application together with
66-23 his recommendation for approval or denial to the interim finance
66-24 committee. The interim finance committee has 45 days after the application
66-25 and recommendation are submitted to its secretary within which to
66-26 consider the application. Any application which is not considered by the
66-27 committee within the 45-day period shall be deemed approved.
66-28 4. If the demand for services or use of equipment exceeds the
66-29 capability of the department to provide them, the department may contract
66-30 with other agencies or independent contractors to furnish the required
66-31 services or use of equipment and is responsible for the administration of
66-32 the contracts.
66-33 Sec. 116. NRS 245.125 is hereby amended to read as follows:
66-34 245.125 1. Except as otherwise provided in subsection 2:
66-35 (a) Each county officer or employee who, in his official capacity,
66-36 receives any money belonging to a person or other entity, other than the
66-37 county or himself, shall immediately deposit it with the county treasurer
66-38 and obtain a receipt for it.
66-39 (b) Money deposited in accordance with this subsection is not part of
66-40 the public money of the county.
66-41 (c) Money deposited with the county treasurer in accordance with this
66-42 subsection must be paid to the owner upon the presentation of a certificate
66-43 from the officer or employee who deposited the money, attesting that
66-44 payment of the money is authorized by law and that the person or other
66-45 entity requesting payment is the owner of the money and entitled to
66-46 possession of it.
66-47 2. The provisions of subsection 1 do not apply:
66-48 (a) In counties where ordinances establishing central receiving and
66-49 disbursing systems have been enacted pursuant to NRS 244.207.
67-1 (b) To money collected by a county assessor as agent for the department
67-2 of motor vehicles [and public safety] which must be remitted to the state at
67-3 least weekly.
67-4 (c) To money directed by court order to be deposited with the clerk of
67-5 the court.
67-6 (d) To amounts paid pursuant to a judicial or administrative order for
67-7 the support of a child or of a spouse and child.
67-8 Sec. 117. NRS 284.174 is hereby amended to read as follows:
67-9 284.174 1. If personnel of the capitol police division of the
67-10 department of [motor vehicles and] public safety are not available to
67-11 provide security services for a building, office or other facility of a state
67-12 agency, the state agency may, pursuant to NRS 284.173, contract with one
67-13 or more independent contractors to provide such services.
67-14 2. An independent contractor with whom a state agency contracts
67-15 pursuant to subsection 1 must:
67-16 (a) Be licensed as a private patrolman pursuant to chapter 648 of NRS
67-17 or employed by a person so licensed; and
67-18 (b) Possess the skills required of and meet the same physical
67-19 requirements as law enforcement personnel certified by the peace officers’
67-20 standards and training commission created pursuant to NRS 289.500.
67-21 Sec. 118. NRS 289.270 is hereby amended to read as follows:
67-22 289.270 1. The following persons have the powers of a peace officer:
67-23 (a) The director of the department of [motor vehicles and] public safety.
67-24 (b) The chiefs of the divisions of the department of [motor vehicles and]
67-25 public safety.
67-26 (c) The deputy directors of the department of [motor vehicles and]
67-27 public safety employed pursuant to [subsection 2 of NRS 481.035.] section
67-28 5 of this act.
67-29 (d) The investigators and agents of the investigation division of the
67-30 department of [motor vehicles and] public safety and any other officer or
67-31 employee of that division whose principal duty is to enforce one or more
67-32 laws of this state, and any person promoted from such a duty to a
67-33 supervisory position related to such a duty.
67-34 (e) The personnel of the capitol police division of the department of
67-35 [motor vehicles and] public safety appointed pursuant to subsection 2 of
67-36 NRS 331.140.
67-37 2. The personnel of the Nevada highway patrol appointed pursuant to
67-38 subsection 2 of [NRS 481.150] section 17 of this act have the powers of a
67-39 peace officer specified in [NRS 481.150 and 481.180.] sections 17 and 20
67-40 of this act.
67-41 3. Administrators and investigators of the division of compliance
67-42 enforcement [of the motor vehicles branch] of the department of motor
67-43 vehicles [and public safety] have the powers of a peace officer to enforce
67-44 any law of the State of Nevada in carrying out their duties pursuant to NRS
67-45 481.048.
67-46 4. Officers and investigators of the section for the control of emissions
67-47 from vehicles of the [motor vehicles branch of the] department of motor
67-48 vehicles , [and public safety,] appointed pursuant to NRS 481.0481, have
67-49 the powers of peace officers in carrying out their duties under that section.
68-1 5. Members of the state disaster identification team of the division of
68-2 emergency management of the department of [motor vehicles and] public
68-3 safety who are, pursuant to NRS 414.270, activated by the chief of the
68-4 division to perform the duties of the state disaster identification team[,]
68-5 have the powers of peace officers in carrying out those duties.
68-6 Sec. 119. NRS 289.320 is hereby amended to read as follows:
68-7 289.320 An employee of the transportation services authority whom it
68-8 designates as an inspector or as manager of transportation is a peace officer
68-9 and has police power for the enforcement of the provisions of:
68-10 1. Chapters 706 and 712 of NRS and all regulations of the
68-11 transportation services authority or the department of motor vehicles [and
68-12 public safety] pertaining thereto; and
68-13 2. Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to
68-14 483.620, inclusive, for the purposes of carrying out the provisions of
68-15 chapter 706 of NRS.
68-16 Sec. 120. NRS 289.470 is hereby amended to read as follows:
68-17 289.470 “Category II peace officer” means:
68-18 1. The bailiff of the supreme court;
68-19 2. The bailiffs of the district courts, justices’ courts and municipal
68-20 courts whose duties require them to carry weapons and make arrests;
68-21 3. Constables and their deputies whose official duties require them to
68-22 carry weapons and make arrests;
68-23 4. Inspectors employed by the transportation services authority who
68-24 exercise those powers of enforcement conferred by chapters 706 and 712
68-25 of NRS;
68-26 5. Parole and probation officers;
68-27 6. Special investigators who are employed full time by the office of
68-28 any district attorney or the attorney general;
68-29 7. Investigators of arson for fire departments who are specially
68-30 designated by the appointing authority;
68-31 8. The assistant and deputies of the state fire marshal;
68-32 9. The brand inspectors of the state department of agriculture who
68-33 exercise the powers of enforcement conferred by chapter 565 of NRS;
68-34 10. Investigators for the state forester firewarden who are specially
68-35 designated by him and whose primary duties are related to the investigation
68-36 of arson;
68-37 11. School police officers employed by the board of trustees of any
68-38 county school district;
68-39 12. Agents of the state gaming control board who exercise the powers
68-40 of enforcement specified in NRS 289.360, 463.140 or 463.1405, except
68-41 those agents whose duties relate primarily to auditing, accounting, the
68-42 collection of taxes or license fees, or the investigation of applicants for
68-43 licenses;
68-44 13. Investigators and administrators of the division of compliance
68-45 enforcement [of the motor vehicles branch] of the department of motor
68-46 vehicles [and public safety] who perform the duties specified in subsection
68-47 [3] 2 of NRS 481.048;
68-48 14. Officers and investigators of the section for the control of
68-49 emissions from vehicles [of the motor vehicles branch] of the department
69-1 of motor vehicles [and public safety] who perform the duties specified in
69-2 subsection 3 of NRS 481.0481;
69-3 15. Legislative police officers of the State of Nevada;
69-4 16. The personnel of the capitol police division of the department of
69-5 [motor vehicles and] public safety appointed pursuant to subsection 2 of
69-6 NRS 331.140;
69-7 17. Parole counselors of the division of child and family services of
69-8 the department of human resources;
69-9 18. Juvenile probation officers and deputy juvenile probation officers
69-10 employed by the various judicial districts in the State of Nevada or by a
69-11 department of family, youth and juvenile services established pursuant to
69-12 NRS 62.1264 whose official duties require them to enforce court orders on
69-13 juvenile offenders and make arrests;
69-14 19. Field investigators of the taxicab authority;
69-15 20. Security officers employed full time by a city or county whose
69-16 official duties require them to carry weapons and make arrests;
69-17 21. The chief of a department of alternative sentencing created
69-18 pursuant to NRS 211A.080 and the assistant alternative sentencing officers
69-19 employed by that department; and
69-20 22. Criminal investigators who are employed by the secretary of state.
69-21 Sec. 121. NRS 289.550 is hereby amended to read as follows:
69-22 289.550 The persons upon whom some or all of the powers of a peace
69-23 officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must
69-24 be certified by the commission, except:
69-25 1. The chief parole and probation officer;
69-26 2. The director of the department of prisons;
69-27 3. The state fire marshal;
69-28 4. The director of the department of [motor vehicles and] public safety,
69-29 the deputy directors of the department, the chiefs of the divisions of the
69-30 department other than the investigation division, and the members of the
69-31 state disaster identification team of the division of emergency management
69-32 of the department;
69-33 5. The commissioner of insurance and his chief deputy;
69-34 6. Railroad policemen; and
69-35 7. California correctional officers.
69-36 Sec. 122. NRS 293.277 is hereby amended to read as follows:
69-37 293.277 1. If a person’s name appears in the election board register
69-38 or if he provides an affirmation pursuant to NRS 293.525, he is entitled to
69-39 vote[, and he shall] and must sign his name in the election board register
69-40 when he applies to vote. His signature must be compared by an election
69-41 board officer with the signature or a facsimile thereof on his original
69-42 application to register to vote or one of the forms of identification listed in
69-43 subsection 2.
69-44 2. The forms of identification which may be used individually to
69-45 identify a voter at the polling place are:
69-46 (a) The card issued to the voter at the time he registered to vote;
69-47 (b) A driver’s license;
69-48 (c) An identification card issued by the department of motor vehicles ;
69-49 [and public safety;]
70-1 (d) A military identification card; or
70-2 (e) Any other form of identification issued by a governmental agency
70-3 which contains the voter’s signature and physical description or picture.
70-4 Sec. 123. NRS 293.504 is hereby amended to read as follows:
70-5 293.504 1. The following offices shall serve as voter registration
70-6 agencies:
70-7 (a) Such offices that provide public assistance as are designated by the
70-8 secretary of state;
70-9 (b) Each office that receives money from the State of Nevada to provide
70-10 services to persons in this state who are disabled;
70-11 (c) The offices of the [motor vehicles branch of the] department of
70-12 motor vehicles ; [and public safety;]
70-13 (d) The offices of the city and county clerks; and
70-14 (e) Such other offices as the secretary of state deems appropriate.
70-15 2. Each voter registration agency shall:
70-16 (a) Make applications to register to vote which may be returned by mail
70-17 available to each person who applies for or receives services or assistance
70-18 from the agency;
70-19 (b) Provide the same amount of assistance to an applicant in completing
70-20 an application to register to vote as the agency provides to a person
70-21 completing any other forms for the agency; and
70-22 (c) Accept completed applications to register to vote.
70-23 3. Except as otherwise provided in this subsection and NRS 293.524,
70-24 any application to register to vote accepted by a voter registration agency
70-25 must be transmitted to the county clerk not later than 10 days after the
70-26 application is accepted. During the 2 weeks immediately preceding the
70-27 close of registration for an election, the applications must be forwarded
70-28 daily. The county clerk shall accept any application to register to vote
70-29 which is completed by the last day to register if he receives the application
70-30 not later than 5 days after the close of registration.
70-31 4. The secretary of state shall cooperate with the Secretary of Defense
70-32 to develop and carry out procedures to enable persons in this state to apply
70-33 to register to vote at recruitment offices of the United States Armed Forces.
70-34 Sec. 124. NRS 293.507 is hereby amended to read as follows:
70-35 293.507 1. The secretary of state shall prescribe:
70-36 (a) A standard form for applications to register to vote; and
70-37 (b) A special form for registration to be used in a county where
70-38 registrations are performed and records of registration are kept by
70-39 computer.
70-40 2. The county clerks shall provide forms for applications to register to
70-41 vote to field registrars in the form and number prescribed by the secretary
70-42 of state.
70-43 3. A form for an application to register to vote must include a duplicate
70-44 copy marked as the receipt to be retained by the applicant upon completion
70-45 of the form.
70-46 4. The form for an application to register to vote must include:
70-47 (a) A line for use by the county clerk to enter the number:
70-48 (1) Indicated on the voter’s social security card, driver’s license or
70-49 identification card issued by the department of motor vehicles , [and public
71-1 safety,] or any other identification card issued by an agency of this state or
71-2 the Federal Government that contains:
71-3 (I) A unique number; and
71-4 (II) A photograph or physical description of the voter; or
71-5 (2) Issued to the voter pursuant to subsection 5.
71-6 (b) A line on which to enter the address at which the voter actually
71-7 resides. The application must not be accepted if the address is listed as a
71-8 post office box unless a street address has not been assigned to his
71-9 residence.
71-10 (c) A notice that the voter may not list his address as a business unless
71-11 he actually resides there.
71-12 5. If a voter does not:
71-13 (a) Possess any of the identification set forth in subparagraph (1) of
71-14 paragraph (a) of subsection 4; or
71-15 (b) Wish to provide to the county clerk the number indicated on that
71-16 identification,
71-17 the county clerk shall issue a unique identification number to the voter.
71-18 6. The secretary of state shall adopt regulations to carry out the
71-19 provisions of subsections 4 and 5.
71-20 Sec. 125. NRS 293.524 is hereby amended to read as follows:
71-21 293.524 1. The department of motor vehicles [and public safety]
71-22 shall provide an application to register to vote to each person who applies
71-23 for the issuance or renewal of any type of driver’s license or for an
71-24 identification card.
71-25 2. The county clerk shall use the applications to register to vote which
71-26 are signed and completed pursuant to subsection 1 to register applicants to
71-27 vote or to correct information in the registrar of voters’ register. An
71-28 application that is not signed must not be used to register or correct the
71-29 registration of the applicant.
71-30 3. For the purposes of this section, each employee specifically
71-31 authorized to do so by the director of the department may oversee the
71-32 completion of an application. The authorized employee shall check the
71-33 application for completeness and verify the information required by the
71-34 application. Each application must include a duplicate copy marked as the
71-35 receipt to be retained by the applicant upon completion of the form. The
71-36 department shall, except as otherwise provided in this subsection, forward
71-37 each application on a weekly basis to the county clerk or, if applicable, to
71-38 the registrar of voters of the county in which the applicant resides. During
71-39 the 2 weeks immediately preceding the close of registration for an election
71-40 the applications must be forwarded daily.
71-41 4. The county clerk shall accept any application to register to vote
71-42 which is completed by the last day to register if he receives the application
71-43 not later than 5 days after the close of registration. Upon receipt of an
71-44 application, the county clerk or field registrar of voters shall determine
71-45 whether the application is complete. If he determines that the application is
71-46 complete, he shall notify the applicant and the applicant shall be deemed to
71-47 be registered as of the date of the submission of the application. If he
71-48 determines that the application is not complete, he shall notify the applicant
71-49 of the additional information required. The applicant shall be deemed to be
72-1 registered as of the date of the initial submission of the application if the
72-2 additional information is provided within 15 days after the notice for the
72-3 additional information is mailed. If the applicant has not provided the
72-4 additional information within 15 days after the notice for the additional
72-5 information is mailed, the incomplete application is void. Any notification
72-6 required by this subsection must be given by mail at the mailing address on
72-7 the application not more than 7 working days after the determination is
72-8 made concerning whether the application is complete.
72-9 5. The county clerk shall use any form submitted to the department to
72-10 correct information on a driver’s license or identification card to correct
72-11 information in the registrar of voters’ register, unless the person indicates
72-12 on the form that the correction is not to be used for the purposes of voter
72-13 registration. The department shall forward each such form to the county
72-14 clerk or, if applicable, to the registrar of voters of the county in which the
72-15 person resides in the same manner provided by subsection 3 for
72-16 applications to register to vote.
72-17 6. Upon receipt of a form to correct information, the county clerk shall
72-18 compare the information to that contained in the registrar of voters’
72-19 register. If the person is a registered voter, the county clerk shall correct the
72-20 information to reflect any changes indicated on the form. After making any
72-21 changes, the county clerk shall notify the person by mail that his records
72-22 have been corrected.
72-23 7. The secretary of state shall, with the approval of the director, adopt
72-24 regulations to:
72-25 (a) Establish any procedure necessary to provide an elector who applies
72-26 to register to vote pursuant to this section the opportunity to do so;
72-27 (b) Prescribe the contents of any forms or applications which the
72-28 department is required to distribute pursuant to this section; and
72-29 (c) Provide for the transfer of the completed applications of registration
72-30 from the department to the appropriate county clerk for inclusion in the
72-31 election board registers and registrar of voters’ register.
72-32 Sec. 126. NRS 293C.270 is hereby amended to read as follows:
72-33 293C.270 1. If a person’s name appears in the election board register
72-34 or if he provides an affirmation pursuant to NRS 293C.525, he is entitled to
72-35 vote and must sign his name in the election board register when he applies
72-36 to vote. His signature must be compared by an election board officer with
72-37 the signature or a facsimile thereof on his original application to register to
72-38 vote or one of the forms of identification listed in subsection 2.
72-39 2. The forms of identification that may be used to identify a voter at
72-40 the polling place are:
72-41 (a) The card issued to the voter at the time he registered to vote;
72-42 (b) A driver’s license;
72-43 (c) An identification card issued by the department of motor vehicles ;
72-44 [and public safety;]
72-45 (d) A military identification card; or
72-46 (e) Any other form of identification issued by a governmental agency
72-47 that contains the voter’s signature and physical description or picture.
73-1 Sec. 127. NRS 331.140 is hereby amended to read as follows:
73-2 331.140 1. The chief shall take proper care to prevent any unlawful
73-3 activity on or damage to any state property under his supervision and
73-4 control, and to protect the safety of any persons on that property.
73-5 2. The director of the department of [motor vehicles and] public safety
73-6 shall appoint to the capitol police division of that department such
73-7 personnel as may be necessary to assist the chief of the buildings and
73-8 grounds division in the enforcement of subsection 1. The salaries and
73-9 expenses of the personnel appointed pursuant to this subsection must,
73-10 within the limits of legislative authorization, be paid out of the buildings
73-11 and grounds operating fund.
73-12 Sec. 128. NRS 334.010 is hereby amended to read as follows:
73-13 334.010 1. No automobile may be purchased by any department,
73-14 office, bureau, officer or employee of the state without prior written
73-15 consent of the state board of examiners.
73-16 2. All such automobiles must be used for official purposes only.
73-17 3. All such automobiles, except:
73-18 (a) Automobiles maintained for and used by the governor;
73-19 (b) Automobiles used by or under the authority and direction of the
73-20 chief parole and probation officer, the state contractors’ board and auditors,
73-21 the state fire marshal, the investigation division of the department of
73-22 [motor vehicles and] public safety, the investigators of the state gaming
73-23 control board, the investigators of the securities division of the office of the
73-24 secretary of state and the investigators of the attorney general;
73-25 (c) One automobile used by the department of prisons;
73-26 (d) Two automobiles used by the Caliente youth center;
73-27 (e) Three automobiles used by the Nevada youth training center; and
73-28 (f) Four automobiles used by the youth parole bureau of the division
of child and family services of the department of human
resources,
73-29 must be labeled by painting the words “State of Nevada” and “For Official
73-30 Use Only” on the automobiles in plain lettering. The director of the
73-31 department of administration or his representative shall prescribe the size
73-32 and location of the label for all such automobiles.
73-33 4. Any officer or employee of the State of Nevada who violates any
73-34 provision of this section is guilty of a misdemeanor.
73-35 Sec. 129. NRS 353.2712 is hereby amended to read as follows:
73-36 353.2712 “Division” means the division of emergency management of
73-37 the department of [motor vehicles and] public safety.
73-38 Sec. 130. NRS 356.200 is hereby amended to read as follows:
73-39 356.200 1. With unanimous consent of his bondsmen, a county
73-40 officer, other than a county treasurer, may deposit county money received
73-41 by the office of the county officer in an insured bank, insured credit union
73-42 or insured savings and loan association located in the State of Nevada.
73-43 2. If the written consent of any bondsman to such a deposit has not
73-44 been obtained, the bondsman must, upon giving notice as required by law,
73-45 be released from all responsibility on the bond of the officer.
73-46 3. The accounts must be kept in the name of the county in such manner
73-47 as the board of county commissioners may prescribe.
74-1 4. The balance in each such account, as certified by the proper officer
74-2 of the bank, credit union or savings and loan association in which the
74-3 money is deposited, and by oath of the county treasurer, may be accounted
74-4 for by the county as cash.
74-5 5. All money deposited in any depository bank, credit union or savings
74-6 and loan association by such a county officer may be drawn out by him on
74-7 check or order payable only to the county treasurer or his order, but every
74-8 county assessor may also withdraw money received in payment for license
74-9 fees for motor vehicles by check or order payable to the department of
74-10 motor vehicles , [and public safety,] and may also withdraw money
74-11 received in payment for use taxes for motor vehicles by check or order
74-12 payable to the department of taxation.
74-13 6. The county officer shall keep a register which shows the amount of
74-14 county money on deposit and lists every check or order drawn upon the
74-15 depository bank, credit union or savings and loan association, numbering
74-16 the items consecutively.
74-17 7. The county officer maintaining a deposit in any depository bank,
74-18 credit union or savings and loan association shall draw upon the deposit not
74-19 later than the first Monday of each month and whenever the deposit
74-20 exceeds $100 for the full amount of county money deposited therein, a
74-21 withdrawal to be by check or order payable to the county treasurer, and
74-22 shall thereupon deliver the withdrawal to the county treasurer.
74-23 8. This section does not apply to any deposit made by the clerk of any
74-24 court pursuant to NRS 355.210.
74-25 Sec. 131. NRS 361.535 is hereby amended to read as follows:
74-26 361.535 1. If the person, company or corporation so assessed
74-27 neglects or refuses to pay the taxes within 30 days after demand, a penalty
74-28 of 10 percent must be added. If the tax and penalty are not paid on demand,
74-29 the county assessor or his deputy shall seize, seal or lock enough of the
74-30 personal property of the person, company or corporation so neglecting or
74-31 refusing to pay to satisfy the taxes and costs.
74-32 2. The county assessor shall post a notice of the seizure, with a
74-33 description of the property, in three public places in the township or district
74-34 where it is seized, and shall, at the expiration of 5 days, proceed to sell at
74-35 public auction, at the time and place mentioned in the notice, to the highest
74-36 bidder, for lawful money of the United States, a sufficient quantity of the
74-37 property to pay the taxes and expenses incurred. For this service the county
74-38 assessor must be allowed from the delinquent person a fee of $3.
74-39 3. If the personal property seized by the county assessor or his deputy
74-40 consists of a mobile or manufactured home , the county assessor shall
74-41 publish a notice of the seizure once during each of 2 successive weeks in a
74-42 newspaper of general circulation in the county. If the legal owner of the
74-43 property is someone other than the registered owner and the name and
74-44 address of the legal owner can be ascertained from the records of the
74-45 department of motor vehicles , [and public safety,] the county assessor
74-46 shall, before publication, send a copy of the notice by registered or certified
74-47 mail to the legal owner. The cost of the publication and notice must be
74-48 charged to the delinquent taxpayer. The notice must state:
74-49 (a) The name of the owner, if known.
75-1 (b) The description of the property seized, including the location, the
75-2 make, model and dimensions and the serial number, body number or other
75-3 identifying number.
75-4 (c) The fact that the property has been seized and the reason for seizure.
75-5 (d) The amount of the taxes due on the property and the penalties and
75-6 costs as provided by law.
75-7 (e) The time and place at which the property is to be sold.
75-8 After the expiration of 5 days from the date of the second publication of the
75-9 notice, the property must be sold at public auction in the manner provided
75-10 in subsection 2 for the sale of other personal property by the county
75-11 assessor.
75-12 4. Upon payment of the purchase money, the county assessor shall
75-13 deliver to the purchaser of the property sold, with a certificate of the sale, a
75-14 statement of the amount of taxes or assessment and the expenses thereon
75-15 for which the property was sold, whereupon the title of the property so sold
75-16 vests absolutely in the purchaser.
75-17 Sec. 132. NRS 361.561 is hereby amended to read as follows:
75-18 361.561 Those units identified as “chassis-mount camper,” “mini
75-19 motor home,” “motor home,” “travel trailer,” “utility trailer” and “van
75-20 conversion,” in chapter 482 of NRS and any other vehicle required to be
75-21 registered with the department of motor vehicles [and public safety] are
75-22 subject to the personal property tax unless registered and taxed pursuant to
75-23 chapter 371 of NRS. Such unregistered units and vehicles must be taxed in
75-24 the manner provided in NRS 361.562 to 361.5644, inclusive.
75-25 Sec. 133. NRS 366.025 is hereby amended to read as follows:
75-26 366.025 “Department” means the department of motor vehicles . [and
75-27 public safety.]
75-28 Sec. 134. NRS 366.110 is hereby amended to read as follows:
75-29 366.110 The department:
75-30 1. Shall enforce the provisions of this chapter.
75-31 2. May adopt and enforce regulations relating to the administration and
75-32 enforcement of this chapter.
75-33 3. May determine whether any particular vehicle not specified in NRS
75-34 366.085 is special mobile equipment.
75-35 [4. Shall, on or before March 1, 2001, prepare and submit a written
75-36 report concerning the administration and enforcement, during the
75-37 immediately preceding biennium, of the provisions of this chapter as those
75-38 provisions relate to the use of special fuel, to the director of the legislature
75-39 counsel bureau for transmittal to the 71st session of the legislature.]
75-40 Sec. 135. NRS 366.700 is hereby amended to read as follows:
75-41 366.700 All money received by the department pursuant to the
75-42 provisions of this chapter must be deposited with the state treasurer to the
75-43 credit of the motor vehicle fund. An amount equal to that part of the tax
75-44 collected pursuant to NRS 366.190 which represents 5 cents of the tax per
75-45 gallon, minus the portion of that amount used to administer the department
75-46 of motor vehicles , [and public safety,] must be used exclusively for the
75-47 construction and maintenance of public highways, and may not be used to
75-48 purchase equipment related thereto.
76-1 Sec. 136. NRS 371.020 is hereby amended to read as follows:
76-2 371.020 As used in this chapter, unless the context otherwise requires:
76-3 1. “Department” means the department of motor vehicles . [and public
76-4 safety.]
76-5 2. “Vehicle” means any vehicle required to be registered pursuant to
76-6 the provisions of chapter 482 or 706 of NRS, except mobile homes as
76-7 defined in NRS 482.067.
76-8 Sec. 137. NRS 372.383 is hereby amended to read as follows:
76-9 372.383 1. If a certificate of ownership has been issued for a used
76-10 manufactured home or used mobile home by the department of motor
76-11 vehicles [and public safety] or the manufactured housing division of the
76-12 department of business and industry, it is presumed that the taxes imposed
76-13 by this chapter have been paid with respect to that manufactured home or
76-14 mobile home.
76-15 2. As used in this section, “manufactured home” and “mobile home”
76-16 have the meanings ascribed to them in NRS 372.316.
76-17 Sec. 138. NRS 372.7263 is hereby amended to read as follows:
76-18 372.7263 In administering the provisions of NRS 372.335, the
76-19 department shall apply the exemption for the sale of tangible personal
76-20 property delivered by the vendor to a forwarding agent for shipment out of
76-21 state to include the sale of a vehicle to a nonresident to whom a special
76-22 movement permit has been issued by the department of motor vehicles
76-23 [and public safety] pursuant to subsection 1 of NRS 482.3955.
76-24 Sec. 139. NRS 372A.120 is hereby amended to read as follows:
76-25 372A.120 1. The department shall immediately deliver any
76-26 controlled substances which come into its possession in the course of
76-27 administering this chapter, with a full accounting to the investigation
76-28 division of the department of [motor vehicles and] public safety.
76-29 2. The investigation division of the department of [motor vehicles and]
76-30 public safety and every other law enforcement agency shall notify the
76-31 department of each person it discovers having possession of a controlled
76-32 substance and the serial number of any stamps affixed.
76-33 Sec. 140. NRS 374.112 is hereby amended to read as follows:
76-34 374.112 1. For the purposes of this section, “authorized appraisal”
76-35 means an appraisal of the value of a motor vehicle made by:
76-36 (a) An employee of the department of motor vehicles [and public
76-37 safety] on its behalf;
76-38 (b) A county assessor or his employee as an agent of the department of
76-39 motor vehicles ; [and public safety;]
76-40 (c) A person licensed by the department of motor vehicles [and public
76-41 safety] as a dealer; or
76-42 (d) An independent appraiser authorized by the department of motor
76-43 vehicles . [and public safety.]
76-44 2. When computing the tax on the sale of a vehicle by a seller who is
76-45 not required to be registered by the department of taxation, the department
76-46 of motor vehicles [and public safety] or the county assessor as an agent of
76-47 the department of taxation shall, if an authorized appraisal is submitted, use
76-48 as the vehicle’s sales price the amount stated on the authorized appraisal or
76-49 $100, whichever is greater.
77-1 3. The department of motor vehicles [and public safety] shall establish
77-2 by regulation the procedure for appraising vehicles and establish and make
77-3 available a form for an authorized appraisal.
77-4 4. The department of motor vehicles [and public safety] shall retain a
77-5 copy of the appraisal considered pursuant to subsection 2 with its record of
77-6 the collection of the tax.
77-7 5. A fee which does not exceed $10 may be charged and collected for
77-8 each authorized appraisal made. Any money so collected by the department
77-9 of motor vehicles [and public safety] for such an appraisal made by its
77-10 employees must be deposited with the state treasurer to the credit of the
77-11 motor vehicle fund. Any money so collected by a county assessor must be
77-12 deposited with the county treasurer to the credit of the county’s general
77-13 fund.
77-14 6. If an authorized appraisal is not submitted, the department of motor
77-15 vehicles [and public safety] or the county assessor as an agent of the
77-16 department of taxation shall establish the sales price as a value which is
77-17 based on the depreciated value of the vehicle as determined in accordance
77-18 with the schedule in NRS 374.113. To determine the original price from
77-19 which the depreciation is calculated, the department of motor vehicles [and
77-20 public safety] shall use:
77-21 (a) The manufacturer’s suggested retail price in Nevada, excluding
77-22 options and extras, as of the time the particular make and year model is
77-23 first offered for sale in Nevada;
77-24 (b) If the vehicle is specially constructed, the original retail price to the
77-25 original purchaser of the vehicle as evidenced by such document or
77-26 documents as the department may require;
77-27 (c) The procedures set forth in subsections 3 and 4 of NRS 371.050; or
77-28 (d) If none of these applies, its own estimate from any available
77-29 information.
77-30 Sec. 141. NRS 374.388 is hereby amended to read as follows:
77-31 374.388 1. If a certificate of ownership has been issued for a used
77-32 manufactured home or used mobile home by the department of motor
77-33 vehicles [and public safety] or the manufactured housing division of the
77-34 department of business and industry, it is presumed that the taxes imposed
77-35 by this chapter have been paid with respect to that manufactured home or
77-36 mobile home.
77-37 2. As used in this section, “manufactured home” and “mobile home”
77-38 have the meanings ascribed to them in NRS 374.321.
77-39 Sec. 142. NRS 374.7273 is hereby amended to read as follows:
77-40 374.7273 In administering the provisions of NRS 374.340, the
77-41 department shall apply the exemption for the sale of tangible personal
77-42 property delivered by the vendor to a forwarding agent for shipment out of
77-43 state to include the sale of a vehicle to a nonresident to whom a special
77-44 movement permit has been issued by the department of motor vehicles
77-45 [and public safety] pursuant to subsection 1 of NRS 482.3955.
77-46 Sec. 143. NRS 391.040 is hereby amended to read as follows:
77-47 391.040 1. The commission shall fix fees of not less than $65 for the
77-48 issuance and renewal of a license. The fee for issuing a duplicate license is
77-49 the same as for issuing the original.
78-1 2. The portion of each fee which represents the amount charged by the
78-2 Federal Bureau of Investigation for processing the fingerprints of the
78-3 applicant must be deposited with the state treasurer for credit to the
78-4 appropriate account of the department of [motor vehicles and] public
78-5 safety. The remaining portion of the money received from the fees must be
78-6 deposited with the state treasurer for credit to the appropriate account of
78-7 the department of education.
78-8 Sec. 144. NRS 392.400 is hereby amended to read as follows:
78-9 392.400 1. All vehicles used in the transportation of pupils must be:
78-10 (a) In good condition and state of repair.
78-11 (b) Well equipped, and must contain sufficient room and seats so that
78-12 the driver and each pupil being transported have a seat inside the vehicle.
78-13 Each pupil shall remain seated when the vehicle is in motion.
78-14 (c) Inspected semiannually by the department of [motor vehicles and]
78-15 public safety to ensure that the vehicles are mechanically safe and meet the
78-16 minimum specifications established by the state board . [of education.] The
78-17 department of [motor vehicles and] public safety shall make written
78-18 recommendations to the superintendent of schools of the school district
78-19 wherein any such vehicle is operating for the correction of any defects
78-20 discovered thereby.
78-21 2. If the superintendent of schools fails or refuses to take appropriate
78-22 action to have the defects corrected within 10 days after receiving notice of
78-23 them from the department of [motor vehicles and] public safety, he is
78-24 guilty of a misdemeanor, and upon conviction thereof may be removed
78-25 from office.
78-26 3. Except as otherwise provided in subsection 4, all vehicles used for
78-27 transporting pupils must meet the specifications established by regulation
78-28 of the state board . [of education.]
78-29 4. Any bus which is purchased and used by a school district to
78-30 transport pupils to and from extracurricular activities is exempt from the
78-31 specifications adopted by the state board [of education] if the bus meets the
78-32 federal safety standards for motor vehicles which were applicable at the
78-33 time the bus was manufactured and delivered for introduction in interstate
78-34 commerce.
78-35 5. Any person violating any of the requirements of this section is
78-36 guilty of a misdemeanor.
78-37 Sec. 145. NRS 392.410 is hereby amended to read as follows:
78-38 392.410 1. Except as otherwise provided in this subsection, every
78-39 school bus operated for the transportation of pupils to or from school must
78-40 be equipped with:
78-41 (a) A system of flashing red lights of a type approved by the state board
78-42 [,] and installed at the expense of the school district or operator. Except as
78-43 otherwise provided in subsection 2, the driver shall operate this signal:
78-44 (1) When the bus is stopped to unload pupils.
78-45 (2) When the bus is stopped to load pupils.
78-46 (3) In times of emergency or accident, when appropriate.
78-47 (b) A mechanical device, attached to the front of the bus which, when
78-48 extended, causes persons to walk around the device. The device must be
78-49 approved by the state board and installed at the expense of the school
79-1 district or operator. The driver shall operate the device when the bus is
79-2 stopped to load or unload pupils. The installation of such a mechanical
79-3 device is not required for a school bus which is used solely to transport
79-4 pupils with special needs who are individually loaded and unloaded in a
79-5 manner which does not require them to walk in front of the bus. The
79-6 provisions of this paragraph do not prohibit a school district from
79-7 upgrading or replacing such a mechanical device with a more efficient and
79-8 effective device that is approved by the state board.
79-9 2. A driver may stop to load and unload pupils in a designated area
79-10 without operating the system of flashing red lights required by subsection 1
79-11 if the designated area:
79-12 (a) Has been designated by a school district and approved by the
79-13 department;
79-14 (b) Is of sufficient depth and length to provide space for the bus to park
79-15 at least 8 feet off the traveled portion of the roadway;
79-16 (c) Is not within an intersection of roadways;
79-17 (d) Contains ample space between the exit door of the bus and the
79-18 parking area to allow safe exit from the bus;
79-19 (e) Is located so as to allow the bus to reenter the traffic from its parked
79-20 position without creating a traffic hazard; and
79-21 (f) Is located so as to allow pupils to enter and exit the bus without
79-22 crossing the roadway.
79-23 3. In addition to the equipment required by subsection 1 and except as
79-24 otherwise provided in subsection 4 of NRS 392.400, each school bus must
79-25 be equipped and identified as required by the regulations of the state board.
79-26 4. The agents and employees of the department of motor vehicles [and
79-27 public safety] shall inspect school buses to determine whether the
79-28 provisions of this section concerning equipment and identification of the
79-29 school buses have been complied with, and shall report any violations
79-30 discovered to the superintendent of schools of the school district wherein
79-31 the vehicles are operating.
79-32 5. If the superintendent of schools fails or refuses to take appropriate
79-33 action to correct any such violation within 10 days after receiving notice of
79-34 it from the department of motor vehicles , [and public safety,] he is guilty
79-35 of a misdemeanor, and upon conviction must be removed from office.
79-36 6. Any person who violates any of the provisions of this section is
79-37 guilty of a misdemeanor.
79-38 Sec. 146. NRS 394.190 is hereby amended to read as follows:
79-39 394.190 1. The provisions of NRS 392.400 and 392.410 relating to
79-40 the condition, equipment and identification of vehicles used for the
79-41 transportation of pupils apply to private schools.
79-42 2. All such vehicles are subject to inspection at all times by agents and
79-43 employees of the department of motor vehicles , [and public safety,] who
79-44 shall report any violations discovered thereby to the executive head of the
79-45 private school.
79-46 3. If the executive head of the private school fails or refuses to take
79-47 appropriate action to correct any such violation within 10 days after
79-48 receiving the report from the department of motor vehicles , [and public
79-49 safety,] he is guilty of a misdemeanor.
80-1 Sec. 147. NRS 394.545 is hereby amended to read as follows:
80-2 394.545 1. A driving school:
80-3 (a) Must be located more than 200 feet from any office of the
80-4 department of motor vehicles ; [and public safety;]
80-5 (b) Must have the equipment necessary to instruct students in the safe
80-6 operation of motor vehicles and maintain the equipment in a safe
80-7 condition; and
80-8 (c) Must have insurance in at least the following amounts:
80-9 (1) For bodily injury to or death of two or more persons in one
80-10 accident, $40,000; and
80-11 (2) For damage to property in any one accident, $10,000.
80-12 2. The department of motor vehicles [and public safety] may review
80-13 and approve or disapprove any application to issue, renew or revoke a
80-14 license for a driving school. The department of motor vehicles [and public
80-15 safety] may, at any time, inspect a licensed driving school and may
80-16 recommend that its license be suspended or revoked. The administrator
80-17 shall investigate and recommend to the commission the appropriate action.
80-18 Sec. 148. NRS 408.234 is hereby amended to read as follows:
80-19 408.234 1. The position of motor vehicle recovery and transportation
80-20 planner is hereby created in the department.
80-21 2. The motor vehicle recovery and transportation planner shall:
80-22 (a) Develop and administer a plan for the construction of motor vehicle
80-23 recovery and bicycle lanes that are not less than 3 feet wide in all new
80-24 construction and major repair work on every highway in the state, in
80-25 accordance with appropriate standards of design;
80-26 (b) Develop a plan for the maintenance of motor vehicle recovery and
80-27 bicycle lanes throughout the state;
80-28 (c) Prepare and distribute information on motor vehicle recovery and
80-29 bicycle lanes, bicycle safety manuals and bicycle route maps throughout
80-30 the state;
80-31 (d) Develop standards for the design of motor vehicle recovery and
80-32 bicycle lanes and bicycle paths and routes;
80-33 (e) Develop standardized signs and markings which indicate bicycle
80-34 lanes;
80-35 (f) Determine where appropriate signs and markings will be located on
80-36 state highways and coordinate their placement;
80-37 (g) Establish a statewide plan of motor vehicle recovery and bicycle
80-38 lanes and bicycle paths and routes and update the plan annually;
80-39 (h) Identify projects which are related to motor vehicle recovery and
80-40 bicycle lanes and place each project in its proper order of priority;
80-41 (i) Investigate possible sources of money which may be available to
80-42 promote motor vehicle recovery and bicycle lanes and bicycle facilities and
80-43 programs throughout this state and solicit money from those sources;
80-44 (j) Provide assistance to the department of motor vehicles [and public
80-45 safety] and the department of public safety in coordinating activities
80-46 which are related to motor vehicle and bicycle safety in the communities of
80-47 this state;
80-48 (k) Investigate the programs of the Rails-to-Trails Conservancy and
80-49 where feasible, participate in those programs;
81-1 (l) Identify the potential effect of bicycle programs on tourism in this
81-2 state; and
81-3 (m) Carry out any other duties assigned to him by the director.
81-4 3. The director may remove any of the duties set out in subsection 2 if
81-5 he determines that the duty is no longer necessary or appropriate.
81-6 Sec. 149. NRS 414.0315 is hereby amended to read as follows:
81-7 414.0315 “Chief” means the chief of the division of emergency
81-8 management of the department of [motor vehicles and] public safety.
81-9 Sec. 150. NRS 414.040 is hereby amended to read as follows:
81-10 414.040 1. A division of emergency management is hereby created
81-11 within the department of [motor vehicles and] public safety. The chief of
81-12 the division is appointed by and holds office at the pleasure of the director
81-13 of the department of [motor vehicles and] public safety. The division is the
81-14 state agency for emergency management and the state agency for civil
81-15 defense for the purposes of the compact ratified by the legislature pursuant
81-16 to NRS 415.010. The chief is the state’s director of emergency
81-17 management and the state’s director of civil defense for the purposes of
81-18 that compact.
81-19 2. The chief may employ technical, clerical, stenographic and other
81-20 personnel as may be required, and may make such expenditures therefor
81-21 and for other expenses of his office within the appropriation therefor, or
81-22 from other money made available to him for purposes of emergency
81-23 management, as may be necessary to carry out the purposes of this chapter.
81-24 3. The chief, subject to the direction and control of the director, shall
81-25 carry out the program for emergency management in this state. He shall
81-26 coordinate the activities of all organizations for emergency management
81-27 within the state, maintain liaison with and cooperate with agencies and
81-28 organizations of other states and of the Federal Government for emergency
81-29 management and carry out such additional duties as may be prescribed by
81-30 the director.
81-31 4. The chief shall assist in the development of comprehensive,
81-32 coordinated plans for emergency management by adopting an integrated
81-33 process, using the partnership of governmental entities, business and
81-34 industry, volunteer organizations and other interested persons, for the
81-35 mitigation of, preparation for, response to and recovery from emergencies
81-36 or disasters. In adopting this process, he shall conduct activities designed
81-37 to:
81-38 (a) Eliminate or reduce the probability that an emergency will occur or
81-39 to reduce the effects of unavoidable disasters;
81-40 (b) Prepare state and local governmental agencies, private organizations
81-41 and other persons to be capable of responding appropriately if an
81-42 emergency or disaster occurs by fostering the adoption of plans for
81-43 emergency operations, conducting exercises to test those plans, training
81-44 necessary personnel and acquiring necessary resources;
81-45 (c) Test periodically plans for emergency operations to ensure that the
81-46 activities of state and local governmental agencies, private organizations
81-47 and other persons are coordinated;
82-1 (d) Provide assistance to victims, prevent further injury or damage to
82-2 persons or property and increase the effectiveness of recovery operations;
82-3 and
82-4 (e) Restore the operation of vital community life-support systems and
82-5 return persons and property affected by an emergency or disaster to a
82-6 condition that is comparable to or better than what existed before the
82-7 emergency or disaster occurred.
82-8 5. The division shall perform the duties required pursuant to NRS
82-9 353.2753 at the request of a state agency or local government.
82-10 Sec. 151. NRS 414.135 is hereby amended to read as follows:
82-11 414.135 1. There is hereby created the emergency assistance account
82-12 within the disaster relief fund created pursuant to NRS 353.2735.
82-13 Beginning with the fiscal year that begins on July 1, 1999, the state
82-14 controller shall, at the end of each fiscal year, transfer the interest earned
82-15 during the previous fiscal year on the money in the disaster relief fund to
82-16 the account in an amount not to exceed $500,000.
82-17 2. The division of emergency management of the department of [motor
82-18 vehicles and] public safety shall administer the account. The division may
82-19 adopt regulations authorized by this section before, on or after July 1,
82-20 1999.
82-21 3. All expenditures from the account must be approved in advance by
82-22 the division. Except as otherwise provided in subsection 4, all money in the
82-23 account must be expended solely to:
82-24 (a) Provide supplemental emergency assistance to this state or to local
82-25 governments in this state that are severely and adversely affected by a
82-26 natural, technological or man-made emergency or disaster for which
82-27 available resources of this state or the local government are inadequate to
82-28 provide a satisfactory remedy; and
82-29 (b) Pay any actual expenses incurred by the division for administration
82-30 during a natural, technological or man-made emergency or disaster.
82-31 4. Beginning with the fiscal year that begins on July 1, 1999, if any
82-32 balance remains in the account at the end of a fiscal year and the balance
82-33 has not otherwise been committed for expenditure, the division may, with
82-34 the approval of the interim finance committee, allocate all or any portion of
82-35 the remaining balance, not to exceed $250,000, to this state or to a local
82-36 government to:
82-37 (a) Purchase equipment or supplies required for emergency
82-38 management; and
82-39 (b) Provide training to personnel related to emergency management.
82-40 5. Beginning with the fiscal year that begins on July 1, 1999, the
82-41 division shall, at the end of each quarter of a fiscal year, submit to the
82-42 interim finance committee a report of the expenditures made from the
82-43 account for the previous quarter.
82-44 6. The division shall adopt such regulations as are necessary to
82-45 administer the account.
82-46 7. The division may adopt regulations to provide for reimbursement of
82-47 expenditures made from the account. If the division requires such
82-48 reimbursement, the attorney general shall take such action as is necessary
82-49 to recover the amount of any unpaid reimbursement plus interest at a rate
83-1 determined pursuant to NRS 17.130, computed from the date on which the
83-2 money was removed from the fund, upon request by the division.
83-3 Sec. 152. NRS 414.200 is hereby amended to read as follows:
83-4 414.200 The chief, with the advice of the board, shall appoint an
83-5 employee of the division of emergency management of the department of
83-6 [motor vehicles and] public safety as coordinator of search and rescue.
83-7 Sec. 153. NRS 414.270 is hereby amended to read as follows:
83-8 414.270 A state disaster identification team is hereby established
83-9 within the division of emergency management of the department of [motor
83-10 vehicles and] public safety. The chief:
83-11 1. Shall assign persons with expertise in various fields to the state
83-12 disaster identification team; and
83-13 2. May activate such persons to perform the duties of the state disaster
83-14 identification team:
83-15 (a) During a state of emergency or declaration of disaster proclaimed
83-16 pursuant to NRS 414.070; or
83-17 (b) Upon the request of a political subdivision of this state if the chief
83-18 determines that the political subdivision requires the services of the state
83-19 disaster identification team.
83-20 Sec. 154. NRS 414.290 is hereby amended to read as follows:
83-21 414.290 In carrying out its duties pursuant to NRS 414.280, the state
83-22 disaster identification team may have access to:
83-23 1. The information that is contained in the central repository for
83-24 Nevada records of criminal history pursuant to NRS 179A.075.
83-25 2. The records of criminal history maintained by an agency of criminal
83-26 justice pursuant to NRS 179A.100.
83-27 3. The records of missing children maintained by the attorney general
83-28 pursuant to NRS 432.170.
83-29 4. The records and information concerning missing persons maintained
83-30 by the investigation division of the department of [motor vehicles and]
83-31 public safety pursuant to [NRS 481.245.] section 31 of this act.
83-32 Sec. 155. NRS 414.300 is hereby amended to read as follows:
83-33 414.300 The department of [motor vehicles and] public safety shall
83-34 adopt regulations to govern the state disaster identification team. The
83-35 regulations must include, without limitation:
83-36 1. Guidelines for the chief to:
83-37 (a) Assign persons to positions on the state disaster identification team;
83-38 and
83-39 (b) Determine which members of the state disaster identification team
83-40 may be activated pursuant to NRS 414.270.
83-41 2. Provisions governing the organization, administration and operation
83-42 of the state disaster identification team.
83-43 3. The compensation, if any, to be paid by the department to a member
83-44 of the state disaster identification team who is activated pursuant to NRS
83-45 414.270.
83-46 Sec. 156. NRS 425.393 is hereby amended to read as follows:
83-47 425.393 1. The chief may request the following information to carry
83-48 out the provisions of this chapter:
84-1 (a) The records of the following public officers and state, county and
84-2 local agencies:
84-3 (1) The state registrar of vital statistics;
84-4 (2) Agencies responsible for maintaining records relating to state and
84-5 local taxes and revenue;
84-6 (3) Agencies responsible for keeping records concerning real
84-7 property and personal property for which a title must be obtained;
84-8 (4) All boards, commissions and agencies that issue occupational or
84-9 professional licenses, certificates or permits;
84-10 (5) The secretary of state;
84-11 (6) The employment security division of the department of
84-12 employment, training and rehabilitation;
84-13 (7) Agencies that administer public assistance;
84-14 (8) The department of motor vehicles ; [and public safety;]
84-15 (9) The department of public safety;
84-16 (10) The department of prisons; and
84-17 [(10)] (11) Law enforcement agencies and any other agencies that
84-18 maintain records of criminal history.
84-19 (b) The names and addresses of:
84-20 (1) The customers of public utilities and community antenna
84-21 television companies; and
84-22 (2) The employers of the customers described in subparagraph (1).
84-23 (c) Information in the possession of financial institutions relating to the
84-24 assets, liabilities and any other details of the finances of a person.
84-25 (d) Information in the possession of a public or private employer
84-26 relating to the employment, compensation and benefits of a person
84-27 employed by the employer as an employee or independent contractor.
84-28 2. If a person or other entity fails to supply the information requested
84-29 pursuant to subsection 1, the administrator may issue a subpoena to compel
84-30 the person or entity to provide that information. A person or entity who
84-31 fails to comply with a request made pursuant to subsection 1 is subject to a
84-32 civil penalty not to exceed $500 for each failure to comply.
84-33 3. A disclosure made in good faith pursuant to subsection 1 does not
84-34 give rise to any action for damages for the disclosure.
84-35 Sec. 157. NRS 425.510 is hereby amended to read as follows:
84-36 425.510 1. Each district attorney or other public agency collecting
84-37 support for children shall send a notice by first-class mail to each person
84-38 who:
84-39 (a) Has failed to comply with a subpoena or warrant relating to a
84-40 proceeding to determine the paternity of a child or to establish or enforce
84-41 an obligation for the support of a child; or
84-42 (b) Is in arrears in the payment for the support of one or more
children.
84-43 The notice must include the information set forth in subsection 2 and a
84-44 copy of the subpoena or warrant or a statement of the amount of the
84-45 arrearage.
84-46 2. If the person does not, within 30 days after he receives the notice
84-47 required by subsection 1:
84-48 (a) Comply with the subpoena or warrant;
85-1 (b) Satisfy the arrearage pursuant to NRS 425.560; or
85-2 (c) Submit to the district attorney or other public agency a written
85-3 request for a hearing,
85-4 the district attorney or other public agency shall report the name of that
85-5 person to the department of motor vehicles . [and public safety.]
85-6 3. If a person requests a hearing within the period prescribed in
85-7 subsection 2, a hearing must be held pursuant to NRS 425.3832. The
85-8 master shall notify the person of his recommendation at the conclusion of
85-9 the hearing or as soon thereafter as is practicable. If the master determines
85-10 that the person has failed to comply with a subpoena or warrant relating to
85-11 a proceeding to determine the paternity of a child or to establish or enforce
85-12 an obligation for the support of a child, he shall include in the notice the
85-13 information set forth in subsection 4. If the master determines that the
85-14 person is in arrears in the payment for the support of one or more children,
85-15 he shall include in the notice the information set forth in subsection 5.
85-16 4. If the master determines that a person who requested a hearing
85-17 pursuant to subsection 2 has not complied with a subpoena or warrant
85-18 relating to a proceeding to determine the paternity of a child or to establish
85-19 or enforce an obligation for the support of a child and the district court
85-20 issues an order approving the recommendation of the master, the district
85-21 attorney or other public agency shall report the name of that person to the
85-22 department.
85-23 5. If the master determines that a person who requested a hearing
85-24 pursuant to subsection 2 is in arrears in the payment for the support of one
85-25 or more children, the master shall notify the person that if he does not
85-26 immediately agree to enter into a plan for the repayment of the arrearages
85-27 that is approved by the district attorney or other public agency, his driver’s
85-28 license and motorcycle driver’s license may be subject to suspension. If the
85-29 person does not agree to enter into such a plan and the district court issues
85-30 an order approving the recommendation of the master, the district attorney
85-31 or other public agency shall report the name of that person to the
85-32 department[.] of motor vehicles.
85-33 6. The district attorney or other public agency shall, within 5 days after
85-34 the person who has failed to comply with a subpoena or warrant or is in
85-35 arrears in the payment for the support of one or more children complies
85-36 with the subpoena or warrant or satisfies the arrearage pursuant to NRS
85-37 425.560, notify the department of motor vehicles that the person has
85-38 complied with the subpoena or warrant or has satisfied the arrearage.
85-39 7. For the purposes of this section, a person shall be deemed to have
85-40 received a notice 3 days after it is mailed, by first-class mail, postage
85-41 prepaid, to that person at his last known address.
85-42 Sec. 158. NRS 426.411 is hereby amended to read as follows:
85-43 426.411 “Department” means the department of motor vehicles . [and
85-44 public safety.]
85-45 Sec. 159. NRS 432.170 is hereby amended to read as follows:
85-46 432.170 1. The attorney general shall:
85-47 (a) Establish a program to coordinate activities and information in this
85-48 state concerning missing or exploited children; and
85-49 (b) Appoint a director to administer the provisions of the program.
86-1 2. The director is in the unclassified service of the state. To assist the
86-2 director in carrying out the provisions of NRS 432.150 to 432.220,
86-3 inclusive, the attorney general may appoint such assistants or investigators
86-4 as deemed necessary by the attorney general.
86-5 3. The director may:
86-6 (a) Assist any public or private school in establishing a program of
86-7 information about missing or exploited children by providing, free of
86-8 charge, materials, publications and instructional aids relating to:
86-9 (1) Offenses under federal and state law regarding missing or
86-10 exploited children and the abuse or neglect of children.
86-11 (2) Governmental and private agencies and programs for locating and
86-12 identifying missing or exploited children, preventing the abduction or
86-13 disappearance of children and preventing the abuse or neglect of children.
86-14 (3) Methods of preventing the abduction or disappearance of
86-15 children.
86-16 (4) Techniques for the investigation of cases involving missing or
86-17 exploited children.
86-18 (5) Any other issue involving missing or exploited children.
86-19 (b) Develop and maintain a system of information concerning missing
86-20 or exploited children, including information concerning public or private
86-21 resources which may be available to such children and their families.
86-22 (c) Accept gifts or donations on behalf of the clearinghouse which must
86-23 be accounted for separately and used by the director in carrying out the
86-24 provisions of NRS 432.150 to 432.220, inclusive.
86-25 (d) Enter into agreements with regional and national organizations for
86-26 assistance and exchange of information concerning missing or exploited
86-27 children.
86-28 (e) Assist in the investigation of children who are reported missing in
86-29 this state or who are reported abducted or taken from this state.
86-30 4. The director may provide the materials, publications and
86-31 instructional aids identified in paragraph (a) of subsection 3 to any other
86-32 person or governmental agency for a reasonable fee not to exceed the cost
86-33 of preparing the materials.
86-34 5. The director shall, upon request, provide records regarding a
86-35 missing child to the state disaster identification team of the division of
86-36 emergency management of the department of [motor vehicles and] public
86-37 safety.
86-38 Sec. 160. NRS 432.200 is hereby amended to read as follows:
86-39 432.200 1. A law enforcement agency shall accept every report of a
86-40 missing child which is submitted to the agency, including, but not limited
86-41 to, a report made by telephone. Upon receipt of such a report, the agency
86-42 shall immediately conduct a preliminary investigation and classify the
86-43 cause of the disappearance of the child as “runaway,” “abducted by his
86-44 parent,” “abducted by a stranger” or “cause of disappearance unknown,”
86-45 and shall:
86-46 (a) Transmit all available information about the child to the
86-47 clearinghouse and to the central repository for Nevada records of criminal
86-48 history within 36 hours after the report is received;
87-1 (b) Immediately notify such persons and make such inquiries
87-2 concerning the missing child as the agency deems necessary;
87-3 (c) Fully comply with the requirements of the National Child Search
87-4 Assistance Act of 1990 , [(]Title XXXVII of Public Law 101-647, 104
87-5 Stat. 4966 ; [);] and
87-6 (d) Enter into the National Crime Information Center’s Missing Person
87-7 File and the repository for information concerning missing persons within
87-8 the central repository for Nevada records of criminal history, as
87-9 miscellaneous information, any person reasonably believed to have
87-10 unlawfully abducted or detained the missing child, or aided or abetted such
87-11 unlawful abduction or detention.
87-12 2. A law enforcement agency which has jurisdiction over the
87-13 investigation of an abducted child and which has obtained a warrant for the
87-14 arrest of a person suspected in the child’s disappearance or concealment
87-15 shall immediately notify the National Crime Information Center for the
87-16 entry into the Center’s Wanted Person File of identifying and descriptive
87-17 information concerning:
87-18 (a) The suspect; and
87-19 (b) As miscellaneous information, the missing child.
87-20 The agency shall cross-reference information entered pursuant to this
87-21 section with the National Crime Information Center’s Missing Person File
87-22 and with the repository for information concerning missing persons within
87-23 the central repository for Nevada records of criminal history.
87-24 3. If a missing child is less than 16 years of age or has not been located
87-25 within 30 days after a report is filed, the law enforcement agency that
87-26 received the initial report shall, and the division or the central repository
87-27 for Nevada records of criminal history may:
87-28 (a) Send to the child’s parent or guardian a request for certain
87-29 identifying information regarding the child that the National Crime
87-30 Information Center recommends be provided; and
87-31 (b) Ask the child’s parent or guardian to provide such identifying
87-32 information regarding the child.
87-33 If a law enforcement agency receives the identifying information, it shall
87-34 transmit all information so released to it to the division and to the central
87-35 repository. The division and the central repository shall, upon its receipt of
87-36 the identifying information about the missing child, compare the
87-37 information with the information that is on file concerning unidentified
87-38 deceased children. This subsection does not preclude the voluntary release
87-39 of identifying information about the missing child by his parent or guardian
87-40 at any time.
87-41 4. The parent or guardian of a child reported as missing shall promptly
87-42 notify the appropriate law enforcement agency if the child is found or
87-43 returned. The law enforcement agency shall then transmit that fact to the
87-44 National Crime Information Center, the central repository for Nevada
87-45 records of criminal history and the clearinghouse.
87-46 5. As used in this section, “division” means the investigation division
87-47 of the department of [motor vehicles and] public safety.
88-1 Sec. 161. NRS 432B.215 is hereby amended to read as follows:
88-2 432B.215 1. An agency which provides protective services and the
88-3 division of child and family services may request the division of parole and
88-4 probation of the department of [motor vehicles and] public safety [for] to
88-5 provide information concerning a probationer or parolee that may assist the
88-6 agency or the division of child and family services in carrying out the
88-7 provisions of this chapter. The division of parole and probation shall
88-8 provide such information upon request.
88-9 2. The agency which provides protective services or the division of
88-10 child and family services may use the information obtained pursuant to
88-11 subsection 1 only for the limited purpose of carrying out the provisions of
88-12 this chapter.
88-13 Sec. 162. NRS 432B.290 is hereby amended to read as follows:
88-14 432B.290 1. Except as otherwise provided in subsections 2 and 3,
88-15 data or information concerning reports and investigations thereof made
88-16 pursuant to this chapter may be made available only to:
88-17 (a) A physician, if the physician has before him a child who he has
88-18 reasonable cause to believe has been abused or neglected;
88-19 (b) A person authorized to place a child in protective custody, if the
88-20 person has before him a child who he has reasonable cause to believe has
88-21 been abused or neglected and the person requires the information to
88-22 determine whether to place the child in protective custody;
88-23 (c) An agency, including, without limitation, an agency in another
88-24 jurisdiction, responsible for or authorized to undertake the care, treatment
88-25 or supervision of:
88-26 (1) The child; or
88-27 (2) The person responsible for the welfare of the child;
88-28 (d) A district attorney or other law enforcement officer who requires the
88-29 information in connection with an investigation or prosecution of the abuse
88-30 or neglect of a child;
88-31 (e) A court, for in camera inspection only, unless the court determines
88-32 that public disclosure of the information is necessary for the determination
88-33 of an issue before it;
88-34 (f) A person engaged in bona fide research or an audit, but information
88-35 identifying the subjects of a report must not be made available to him;
88-36 (g) The attorney and the guardian ad litem of the child;
88-37 (h) A grand jury upon its determination that access to these records is
88-38 necessary in the conduct of its official business;
88-39 (i) A federal, state or local governmental entity, or an agency of such an
88-40 entity, that needs access to the information to carry out its legal
88-41 responsibilities to protect children from abuse and neglect;
88-42 (j) A team organized pursuant to NRS 432B.350 for the protection of a
88-43 child;
88-44 (k) A team organized pursuant to NRS 432B.405 to review the death of
88-45 a child;
88-46 (l) A parent or legal guardian of the child, if the identity of the person
88-47 responsible for reporting the alleged abuse or neglect of the child to a
88-48 public agency is kept confidential;
88-49 (m) The persons who are the subject of a report;
89-1 (n) An agency that is authorized by law to license foster homes or
89-2 facilities for children or to investigate persons applying for approval to
89-3 adopt a child, if the agency has before it an application for that license or is
89-4 investigating an applicant to adopt a child;
89-5 (o) Upon written consent of the parent, any officer of this state or a city
89-6 or county thereof or legislator authorized, by the agency or department
89-7 having jurisdiction or by the legislature, acting within its jurisdiction, to
89-8 investigate the activities or programs of an agency that provides protective
89-9 services if:
89-10 (1) The identity of the person making the report is kept confidential;
89-11 and
89-12 (2) The officer, legislator or a member of his family is not the person
89-13 alleged to have committed the abuse or neglect;
89-14 (p) The division of parole and probation of the department of [motor
89-15 vehicles and] public safety for use pursuant to NRS 176.135 in making a
89-16 presentence investigation and report to the district court or pursuant to
89-17 NRS 176.151 in making a general investigation and report;
89-18 (q) The rural advisory board to expedite proceedings for the placement
89-19 of children created pursuant to NRS 432B.602 or a local advisory board to
89-20 expedite proceedings for the placement of children created pursuant to
89-21 NRS 432B.604; or
89-22 (r) The panel established pursuant to NRS 432B.396 to evaluate
89-23 agencies which provide protective services.
89-24 2. An agency investigating a report of the abuse or neglect of a child
89-25 shall, upon request, provide to a person named in the report as allegedly
89-26 causing the abuse or neglect of the child:
89-27 (a) A copy of:
89-28 (1) Any statement made in writing to an investigator for the agency
89-29 by the person named in the report as allegedly causing the abuse or neglect
89-30 of the child; or
89-31 (2) Any recording made by the agency of any statement made orally
89-32 to an investigator for the agency by the person named in the report as
89-33 allegedly causing the abuse or neglect of the child; or
89-34 (b) A written summary of the allegations made against the person who
89-35 is named in the report as allegedly causing the abuse or neglect of the
89-36 child. The summary must not identify the person responsible for reporting
89-37 the alleged abuse or neglect.
89-38 3. An agency which provides protective services shall disclose the
89-39 identity of a person who makes a report or otherwise initiates an
89-40 investigation pursuant to this chapter if a court, after reviewing the record
89-41 in camera and determining that there is reason to believe that the person
89-42 knowingly made a false report, orders the disclosure.
89-43 4. Any person, except for:
89-44 (a) The subject of a report;
89-45 (b) A district attorney or other law enforcement officer initiating legal
89-46 proceedings; or
89-47 (c) An employee of the division of parole and probation of the
89-48 department of [motor vehicles and] public safety making a presentence
90-1 investigation and report to the district court pursuant to NRS 176.135 or
90-2 making a general investigation and report pursuant to NRS 176.151,
90-3 who is given access, pursuant to subsection 1, to information identifying
90-4 the subjects of a report and who makes this information public is guilty of a
90-5 misdemeanor.
90-6 5. The division of child and family services shall adopt regulations to
90-7 carry out the provisions of this section.
90-8 Sec. 163. NRS 432B.610 is hereby amended to read as follows:
90-9 432B.610 1. The peace officers’ standards and training commission
90-10 shall:
90-11 (a) Require each category I peace officer to complete a program of
90-12 training for the detection and investigation of and response to cases of
90-13 sexual abuse or sexual exploitation of children under the age of 18 years.
90-14 (b) Not certify any person as a category I peace officer unless he has
90-15 completed the program of training required pursuant to paragraph (a).
90-16 (c) Establish a program to provide the training required pursuant to
90-17 paragraph (a).
90-18 (d) Adopt regulations necessary to carry out the provisions of this
90-19 section.
90-20 2. As used in this section, “category I peace officer” means:
90-21 (a) Sheriffs of counties and of metropolitan police departments, their
90-22 deputies and correctional officers;
90-23 (b) Personnel of the Nevada highway patrol appointed to exercise the
90-24 police powers specified in [NRS 481.150 and 481.180;] sections 17 and 20
90-25 of this act;
90-26 (c) Marshals, policemen and correctional officers of cities and towns;
90-27 (d) Members of the police department of the University and Community
90-28 College System of Nevada;
90-29 (e) Employees of the division of state parks of the state department of
90-30 conservation and natural resources designated by the administrator of the
90-31 division who exercise police powers specified in NRS 289.260;
90-32 (f) The chief, investigators and agents of the investigation division of
90-33 the department of [motor vehicles and] public safety; and
90-34 (g) The personnel of the division of wildlife of the state department of
90-35 conservation and natural resources who exercise those powers of
90-36 enforcement conferred by Title 45 and chapter 488 of NRS.
90-37 Sec. 164. NRS 439.255 is hereby amended to read as follows:
90-38 439.255 1. The state board of health shall adopt by regulation the
90-39 types of portable manual masks and face shields that are approved by the
90-40 board to assist in the prevention of the spread of communicable diseases
90-41 during the administration of cardiopulmonary resuscitation. An approved
90-42 mask or face shield may not weigh more than 1 pound.
90-43 2. Except as otherwise provided in subsection 3, every employer shall,
90-44 without charge to the peace officer or fireman, provide each peace officer,
90-45 whether or not he is on duty, and each fireman who is on duty, whether
90-46 paid or voluntary, with:
90-47 (a) A portable manual mask and face shield approved by the board; and
90-48 (b) Initial training and instruction in the use of the
equipment.
91-1 The mask, shield and training must be provided not later than 30 days after
91-2 the first day of employment. The employer shall provide refresher courses
91-3 in the use of the equipment when necessary.
91-4 3. An employer may apply to the health division for a waiver of the
91-5 requirements of subsection 2 with regard to each peace officer or fireman
91-6 who, in the normal course of his employment, is not likely ever to
91-7 administer cardiopulmonary resuscitation. The application must be in
91-8 writing, specify the reasons why the employee is not likely in the normal
91-9 course of his employment ever to administer cardiopulmonary resuscitation
91-10 and be sworn to by the employer or his authorized representative. The
91-11 health division shall grant or deny the waiver based on the information
91-12 contained in the application.
91-13 4. A waiver granted pursuant to subsection 3 expires upon any change
91-14 in the duties of the peace officer or fireman which make it likely that he
91-15 will administer cardiopulmonary resuscitation at some time in the normal
91-16 course of his employment. The date of the change in duties shall be
91-17 deemed to be the first day of employment for purposes of subsection 2.
91-18 5. An injury or illness which results from the use of a mask or shield
91-19 by a peace officer or fireman pursuant to subsection 2 may not be
91-20 considered as negligence or as causation in any civil action brought against
91-21 a peace officer or fireman or his employer.
91-22 6. As used in this section:
91-23 (a) “Employer” means any person who employs or provides equipment
91-24 to a fireman or peace officer, including the State of Nevada and its political
91-25 subdivisions.
91-26 (b) “Peace officer” means:
91-27 (1) Sheriffs of counties and of metropolitan police departments and
91-28 their deputies;
91-29 (2) Personnel of the Nevada highway patrol when exercising the
91-30 police powers specified in [NRS 481.150 and 481.180;] sections 17 and 20
91-31 of this act; and
91-32 (3) Marshals and policemen of cities and towns.
91-33 Sec. 165. NRS 439.270 is hereby amended to read as follows:
91-34 439.270 1. The state board of health shall define epilepsy for the
91-35 purposes of the reports hereinafter referred to in this section.
91-36 2. All physicians shall report immediately to the health division, in
91-37 writing, the name, age and address of every person diagnosed as a case of
91-38 epilepsy.
91-39 3. The health division shall report, in writing, to the department of
91-40 motor vehicles [and public safety] the name, age and address of every
91-41 person reported to it as a case of epilepsy.
91-42 4. The reports are for the information of the department of motor
91-43 vehicles [and public safety] and must be kept confidential and used solely
91-44 to determine the eligibility of any person to operate a vehicle on the streets
91-45 and highways of this state.
91-46 5. A violation of this section is a misdemeanor.
92-1 Sec. 166. NRS 445B.200 is hereby amended to read as follows:
92-2 445B.200 1. The state environmental commission is hereby created
92-3 within the state department of conservation and natural resources. The
92-4 commission consists of:
92-5 (a) The administrator of the division of wildlife of the department;
92-6 (b) The state forester firewarden;
92-7 (c) The state engineer;
92-8 (d) The director of the state department of agriculture;
92-9 (e) The administrator of the division of minerals of the commission on
92-10 mineral resources;
92-11 (f) A member of the state board of health to be designated by that board;
92-12 and
92-13 (g) Five members appointed by the governor, one of whom is a general
92-14 engineering contractor or a general building contractor licensed pursuant to
92-15 chapter 624 of NRS and one of whom possesses expertise in performing
92-16 mining reclamation.
92-17 2. The governor shall appoint the chairman of the commission from
92-18 among the members of the commission.
92-19 3. A majority of the members constitutes a quorum, and a majority of
92-20 those present must concur in any decision.
92-21 4. Each member who is appointed by the governor is entitled to
92-22 receive a salary of not more than $80, as fixed by the commission, for each
92-23 day’s attendance at a meeting of the commission.
92-24 5. While engaged in the business of the commission, each member and
92-25 employee of the commission is entitled to receive the per diem allowance
92-26 and travel expenses provided for state officers and employees generally.
92-27 6. Any person who receives or has received during the previous 2
92-28 years a significant portion of his income, as defined by any applicable state
92-29 or federal law, directly or indirectly from one or more holders of or
92-30 applicants for a permit required by NRS 445A.300 to 445A.730, inclusive,
92-31 is disqualified from serving as a member of the commission. The
92-32 provisions of this subsection do not apply to any person who receives or
92-33 has received during the previous 2 years, a significant portion of his
92-34 income from any department or agency of state government which is a
92-35 holder of or an applicant for a permit required by NRS 445A.300 to
92-36 445A.730, inclusive.
92-37 7. The state department of conservation and natural resources shall
92-38 provide technical advice, support and assistance to the commission. All
92-39 state officers, departments, commissions and agencies, including the
92-40 department of transportation, the department of human resources, the
92-41 University and Community College System of Nevada, the state public
92-42 works board, the department of motor vehicles [and] , the department of
92-43 public safety, the public utilities commission of Nevada, the transportation
92-44 services authority and the state department of agriculture may also provide
92-45 technical advice, support and assistance to the commission.
92-46 Sec. 167. NRS 445B.705 is hereby amended to read as follows:
92-47 445B.705 “Approved inspector” means a person licensed by the
92-48 department of motor vehicles [and public safety] to inspect motor vehicles
93-1 and devices for the control of pollution for an authorized station or
93-2 authorized inspection station.
93-3 Sec. 168. NRS 445B.710 is hereby amended to read as follows:
93-4 445B.710 “Authorized inspection station” means a station licensed by
93-5 the department of motor vehicles [and public safety] for inspecting motor
93-6 vehicles and devices for the control of pollution for compliance with this
93-7 chapter or any applicable federal regulation or regulation of the
93-8 commission.
93-9 Sec. 169. NRS 445B.715 is hereby amended to read as follows:
93-10 445B.715 “Authorized maintenance station” means a station licensed
93-11 by the department of motor vehicles [and public safety] for installing,
93-12 repairing and adjusting devices for the control of pollution to meet the
93-13 commission’s requirements.
93-14 Sec. 170. NRS 445B.720 is hereby amended to read as follows:
93-15 445B.720 “Authorized station” means a station licensed by the
93-16 department of motor vehicles [and public safety] for inspecting motor
93-17 vehicles and devices for the control of pollution for compliance with this
93-18 chapter or any applicable federal regulation or regulation of the
93-19 commission and for installing, repairing and adjusting such devices to meet
93-20 the commission’s requirements.
93-21 Sec. 171. NRS 445B.758 is hereby amended to read as follows:
93-22 445B.758 “Used motor vehicle” means a motor vehicle that has been
93-23 registered for not less than 2 years with:
93-24 1. The department of motor vehicles ; [and public safety;]
93-25 2. The appropriate agency of any other state, the District of Columbia,
93-26 any territory or possession of the United States, any foreign country or any
93-27 state or province of a foreign country; or
93-28 3. Any combination of the agencies described in subsections 1 and 2.
93-29 Sec. 172. NRS 445B.760 is hereby amended to read as follows:
93-30 445B.760 1. The state environmental commission may by regulation
93-31 prescribe standards for exhaust emissions, fuel evaporative emissions and
93-32 visible emissions of smoke from mobile internal combustion engines on the
93-33 ground or in the air, including, but not limited to, aircraft, motor vehicles,
93-34 snowmobiles and railroad locomotives. The regulations must:
93-35 (a) Provide for the exemption from such standards of restored vehicles
93-36 for which special license plates have been issued pursuant to NRS 482.381,
93-37 482.3812, 482.3814 or 482.3816.
93-38 (b) Establish criteria for the condition and functioning of a restored
93-39 vehicle to qualify for the exemption, and provide that the evaluation of the
93-40 condition and functioning of such a vehicle may be conducted at an
93-41 authorized inspection station or authorized station as defined in NRS
93-42 445B.710 and 445B.720, respectively.
93-43 (c) Define “restored vehicle” for the purposes of the regulations.
93-44 2. Standards for exhaust emissions which apply to a trimobile must be
93-45 based on standards which were in effect in the year in which the engine of
93-46 the trimobile was built.
93-47 3. Any such standards which pertain to motor vehicles must be
93-48 approved by the department of motor vehicles [and public safety] before
93-49 they are adopted by the commission.
94-1 Sec. 173. NRS 445B.765 is hereby amended to read as follows:
94-2 445B.765 1. The commission, in cooperation with the department of
94-3 motor vehicles , [and public safety,] shall adopt regulations which establish
94-4 procedures for collecting, interpreting and correlating information
94-5 concerning programs to control emissions from motor vehicles and any
94-6 benefits which result from an inspection program.
94-7 2. All information received by the commission or the department of
94-8 motor vehicles [and public safety] is open to public inspection.
94-9 Sec. 174. NRS 445B.770 is hereby amended to read as follows:
94-10 445B.770 1. In any county whose population is 100,000 or more, the
94-11 commission shall, in cooperation with the department of motor vehicles
94-12 [and public safety] and any local air pollution control agency, adopt
94-13 regulations for the control of emissions from motor vehicles in areas of the
94-14 county designated by the commission.
94-15 2. In any county whose population is less than 100,000, if the
94-16 commission determines that it is feasible and practicable to carry out a
94-17 program of inspecting and testing motor vehicles and systems for the
94-18 control of emissions from motor vehicles, and if carrying out the program
94-19 is deemed necessary to achieve or maintain the prescribed standards for the
94-20 quality of ambient air in areas of the state designated by the commission,
94-21 the commission shall, in cooperation with the department of motor vehicles
94-22 [and public safety] and any local air pollution control agency established
94-23 under NRS 445B.500 which has jurisdiction in a designated area, adopt
94-24 regulations and transportation controls as may be necessary to carry out the
94-25 program.
94-26 3. The regulations [shall] must distinguish between light-duty and
94-27 heavy-duty motor vehicles and may prescribe:
94-28 (a) Appropriate criteria and procedures for the approval, installation and
94-29 use of devices for the control of emissions from motor vehicles; and
94-30 (b) Requirements for the proper maintenance of such devices and motor
94-31 vehicles.
94-32 4. The regulations [shall] must establish:
94-33 (a) Requirements by which the department of motor vehicles [and
94-34 public safety] shall license authorized stations to inspect, repair, adjust and
94-35 install devices for the control of emissions for motor vehicles, including
94-36 criteria by which any person may become qualified to inspect, repair,
94-37 adjust and install those devices.
94-38 (b) Requirements by which the department of motor vehicles [and
94-39 public safety] may license an owner or lessee of a fleet of three or more
94-40 vehicles as a fleet station if the owner or lessee complies with the
94-41 regulations of the commission. The fleet station shall only certify vehicles
94-42 which constitute that fleet.
94-43 (c) Requirements by which the department of motor vehicles provides
94-44 for inspections of motor vehicles owned by this state and any of its
94-45 political subdivisions.
94-46 5. The commission shall consider, before adopting any regulation or
94-47 establishing any criteria pursuant to paragraph (a) of subsection 3:
94-48 (a) The availability of devices adaptable to specific makes, models and
94-49 years of motor vehicles.
95-1 (b) The effectiveness of those devices for reducing the emission of each
95-2 type of air pollutant under conditions in this state.
95-3 (c) The capability of those devices for reducing any particular type or
95-4 types of pollutants without significantly increasing the emission of any
95-5 other type or types of pollutant.
95-6 (d) The capacity of any manufacturer to produce and distribute the
95-7 particular device in such quantities and at such times as will meet the
95-8 estimated needs in Nevada.
95-9 (e) The reasonableness of the retail cost of the device and the cost of its
95-10 installation and maintenance over the life of the device and the motor
95-11 vehicle.
95-12 (f) The ease of determining whether any such installed device is
95-13 functioning properly.
95-14 Sec. 175. NRS 445B.775 is hereby amended to read as follows:
95-15 445B.775 The regulations adopted pursuant to NRS 445B.770 must
95-16 establish requirements by which the department of motor vehicles [and
95-17 public safety] may license:
95-18 1. Authorized inspection stations, including criteria by which any
95-19 person may become qualified to inspect devices for the control of
95-20 emissions for motor vehicles.
95-21 2. Authorized maintenance stations, including criteria by which any
95-22 person may become qualified to install, repair and adjust devices for the
95-23 control of emissions for motor vehicles.
95-24 3. Authorized stations, including criteria by which any person may
95-25 become qualified to inspect, repair, adjust and install devices for the
95-26 control of emissions for motor vehicles.
95-27 Sec. 176. NRS 445B.777 is hereby amended to read as follows:
95-28 445B.777 1. An applicant for the issuance or renewal of a license to
95-29 inspect, repair, adjust or install devices for the control of emissions of
95-30 motor vehicles issued pursuant to NRS 445B.775 shall submit to the
95-31 department of motor vehicles [and public safety] the statement prescribed
95-32 by the welfare division of the department of human resources pursuant to
95-33 NRS 425.520. The statement must be completed and signed by the
95-34 applicant.
95-35 2. The department of motor vehicles [and public safety] shall include
95-36 the statement required pursuant to subsection 1 in:
95-37 (a) The application or any other forms that must be submitted for the
95-38 issuance or renewal of the license; or
95-39 (b) A separate form prescribed by the department of motor vehicles .
95-40 [and public safety.]
95-41 3. A license to inspect, repair, adjust or install devices for the control
95-42 of emissions of motor vehicles may not be issued or renewed by the
95-43 department of motor vehicles [and public safety] if the applicant:
95-44 (a) Fails to submit the statement required pursuant to subsection 1; or
95-45 (b) Indicates on the statement submitted pursuant to subsection 1 that he
95-46 is subject to a court order for the support of a child and is not in
95-47 compliance with the order or a plan approved by the district attorney or
95-48 other public agency enforcing the order for the repayment of the amount
95-49 owed pursuant to the order.
96-1 4. If an applicant indicates on the statement submitted pursuant to
96-2 subsection 1 that he is subject to a court order for the support of a child and
96-3 is not in compliance with the order or a plan approved by the district
96-4 attorney or other public agency enforcing the order for the repayment of
96-5 the amount owed pursuant to the order, the department of motor vehicles
96-6 [and public safety] shall advise the applicant to contact the district attorney
96-7 or other public agency enforcing the order to determine the actions that the
96-8 applicant may take to satisfy the arrearage.
96-9 Sec. 177. NRS 445B.778 is hereby amended to read as follows:
96-10 445B.778 1. If the department of motor vehicles [and public safety]
96-11 receives a copy of a court order issued pursuant to NRS 425.540 that
96-12 provides for the suspension of all professional, occupational and
96-13 recreational licenses, certificates and permits issued to a person who is the
96-14 holder of a license to inspect, repair, adjust or install devices for the control
96-15 of emissions of motor vehicles, the department of motor vehicles [and
96-16 public safety] shall deem the license issued to that person to be suspended
96-17 at the end of the 30th day after the date on which the court order was issued
96-18 unless the department of motor vehicles [and public safety] receives a letter
96-19 issued to the holder of the license by the district attorney or other public
96-20 agency pursuant to NRS 425.550 stating that the holder of the license has
96-21 complied with the subpoena or warrant or has satisfied the arrearage
96-22 pursuant to NRS 425.560 .
96-23 2. The department of motor vehicles [and public safety] shall reinstate
96-24 a license to inspect, repair, adjust or install devices for the control of
96-25 emissions of motor vehicles that has been suspended by a district court
96-26 pursuant to NRS 425.540 if the department of motor vehicles [and public
96-27 safety] receives a letter issued by the district attorney or other public
96-28 agency pursuant to NRS 425.550 to the person whose license was
96-29 suspended stating that the person whose license was suspended has
96-30 complied with the subpoena or warrant or has satisfied the arrearage
96-31 pursuant to NRS 425.560.
96-32 Sec. 178. NRS 445B.785 is hereby amended to read as follows:
96-33 445B.785 1. The department of motor vehicles [and public safety]
96-34 shall adopt regulations which:
96-35 (a) Prescribe requirements for licensing authorized inspection stations,
96-36 authorized maintenance stations, authorized stations and fleet stations.
96-37 (b) Prescribe the manner in which authorized inspection stations,
96-38 authorized stations and fleet stations inspect motor vehicles and issue
96-39 evidence of compliance.
96-40 (c) Prescribe the diagnostic equipment necessary to perform the
96-41 required inspection. The regulations must ensure that the equipment
96-42 complies with any applicable standards of the United States Environmental
96-43 Protection Agency.
96-44 (d) Provide for any fee, bond or insurance which is necessary to carry
96-45 out the provisions of NRS 445B.700 to 445B.815, inclusive.
96-46 (e) Provide for the issuance of a pamphlet for distribution to owners of
96-47 motor vehicles. The pamphlet must contain information explaining the
96-48 reasons for and the methods of the inspections.
97-1 2. The department of motor vehicles [and public safety] shall issue a
97-2 copy of the regulations to each authorized inspection station, authorized
97-3 maintenance station, authorized station and fleet station.
97-4 Sec. 179. NRS 445B.790 is hereby amended to read as follows:
97-5 445B.790 1. The department of motor vehicles [and public safety]
97-6 shall establish procedures for inspecting authorized inspection stations,
97-7 authorized maintenance stations, authorized stations and fleet stations, and
97-8 may require the holder of a license for an authorized inspection station,
97-9 authorized maintenance station, authorized station or fleet station to submit
97-10 any material or document which is used in the program to control
97-11 emissions from motor vehicles.
97-12 2. The department may deny, suspend or revoke the license of an
97-13 approved inspector, authorized inspection station, authorized maintenance
97-14 station, authorized station or fleet station if:
97-15 (a) The approved inspector or the holder of a license for an authorized
97-16 inspection station, authorized maintenance station, authorized station or
97-17 fleet station is not complying with the provisions of NRS 445B.700 to
97-18 445B.815, inclusive.
97-19 (b) The holder of a license for an authorized inspection station,
97-20 authorized maintenance station, authorized station or fleet station refuses to
97-21 furnish the department with the requested material or document.
97-22 (c) The approved inspector has issued a fraudulent certificate of
97-23 compliance, whether intentionally or negligently. A “fraudulent certificate”
97-24 includes, but is not limited to:
97-25 (1) A backdated certificate;
97-26 (2) A postdated certificate; and
97-27 (3) A certificate issued without an inspection.
97-28 (d) The approved inspector does not follow the prescribed test
97-29 procedure.
97-30 Sec. 180. NRS 445B.798 is hereby amended to read as follows:
97-31 445B.798 In a county whose population is 100,000 or more, the
97-32 department of motor vehicles [and public safety] may conduct a test of the
97-33 emissions from a motor vehicle which is being operated on a highway in
97-34 that county to determine whether the vehicle complies with the provisions
97-35 of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted
97-36 pursuant thereto.
97-37 Sec. 181. NRS 445B.810 is hereby amended to read as follows:
97-38 445B.810 In furtherance of the provisions of NRS 445B.700 to
97-39 445B.845, inclusive, and the enforcement thereof, the state department of
97-40 conservation and natural resources shall consult with the department of
97-41 motor vehicles [and public safety] and furnish [them] it with technical
97-42 information, including testing techniques, procedures for quality assurance
97-43 and standards adopted by the commission , and instruction for emission
97-44 control features and equipment.
97-45 Sec. 182. NRS 445B.815 is hereby amended to read as follows:
97-46 445B.815 1. Except as otherwise provided in subsection 2, persons
97-47 employed at branch offices of the department of motor vehicles [and public
97-48 safety] and the offices of county assessors who are acting as agents of the
97-49 department in the collection of fees for registration, shall not register:
98-1 (a) A passenger car or light-duty motor vehicle which:
98-2 (1) Uses diesel fuel;
98-3 (2) Is based in a county whose population is 100,000 or more; and
98-4 (3) Requires inspection pursuant to the regulations adopted by the
98-5 commission under NRS 445B.770; or
98-6 (b) A vehicle which:
98-7 (1) Is based in an area of this state designated by the commission; and
98-8 (2) Requires inspection pursuant to the regulations adopted by the
98-9 commission under NRS 445B.770,
98-10 until evidence of compliance with NRS 445B.700 to 445B.845, inclusive,
98-11 has been provided.
98-12 2. An owner or lessee of a fleet of three or more vehicles may, upon
98-13 application to the department of motor vehicles , [and public safety,]
98-14 submit evidence of compliance for his motor vehicles in a manner
98-15 determined by that department.
98-16 Sec. 183. NRS 445B.830 is hereby amended to read as follows:
98-17 445B.830 1. In areas of the state where and when a program is
98-18 commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the
98-19 following fees must be paid to the department of motor vehicles [and
98-20 public safety] and accounted for in the pollution control account, which is
98-21 hereby created in the state general fund:
98-22 (a) For the issuance and annual renewal of a license for an
98-23 authorized inspection station, authorized maintenance station,
98-24 authorized station or fleet station............ $25
98-25 (b) For each set of 25 forms certifying emission control
98-26 compliance........................................... 125
98-27 (c) For each form issued to a fleet station.. 5
98-28 2. Except as otherwise provided in subsections 4, 5 and 6, and after
98-29 deduction of the amount required for grants pursuant to paragraph (a) of
98-30 subsection 4, money in the pollution control account may, pursuant to
98-31 legislative appropriation or with the approval of the interim finance
98-32 committee, be expended by the following agencies in the following order
98-33 of priority:
98-34 (a) The department of motor vehicles [and public safety] to carry out the
98-35 provisions of NRS 445B.770 to 445B.845, inclusive.
98-36 (b) The state department of conservation and natural resources to carry
98-37 out the provisions of this chapter.
98-38 (c) The state department of agriculture to carry out the provisions of
98-39 NRS 590.010 to 590.150, inclusive.
98-40 (d) The Tahoe Regional Planning Agency to carry out the provisions of
98-41 NRS 277.200 with respect to the preservation and improvement of air
98-42 quality in the Lake Tahoe Basin.
98-43 3. The department of motor vehicles [and public safety] may prescribe
98-44 by regulation routine fees for inspection at the prevailing shop labor rate,
98-45 including, without limitation, maximum charges for those fees, and for the
98-46 posting of those fees in a conspicuous place at an authorized inspection
98-47 station or authorized station.
98-48 4. The department of motor vehicles [and public safety] shall by
98-49 regulation establish a program to award grants of money in the pollution
99-1 control account to local governmental agencies in nonattainment or
99-2 maintenance areas for carbon monoxide for programs related to the
99-3 improvement of the quality of air. The grants to agencies in a county
99-4 pursuant to this subsection must be made from:
99-5 (a) An amount of money in the pollution control account that is equal to
99-6 one-fifth of the amount received for each form issued in the county
99-7 pursuant to subsection 1; and
99-8 (b) Excess money in the pollution control account. As used in this
99-9 paragraph, “excess money” means the money in excess of $500,000
99-10 remaining in the pollution control account at the end of the fiscal year, after
99-11 deduction of the amount required for grants pursuant to paragraph (a) and
99-12 any disbursements made from the account pursuant to subsection 2.
99-13 5. Any regulations adopted pursuant to subsection 4 must provide for
99-14 the creation of an advisory committee consisting of representatives of state
99-15 and local agencies involved in the control of emissions from motor
99-16 vehicles. The committee shall:
99-17 (a) Review applications for grants and make recommendations for their
99-18 approval, rejection or modification;
99-19 (b) Establish goals and objectives for the program for control of
99-20 emissions from motor vehicles;
99-21 (c) Identify areas where funding should be made available; and
99-22 (d) Review and make recommendations concerning regulations adopted
99-23 pursuant to subsection 4 or NRS 445B.770.
99-24 6. Grants proposed pursuant to subsections 4 and 5 must be submitted
99-25 to the appropriate deputy director of the [motor vehicles branch of the]
99-26 department of motor vehicles [and public safety] and the administrator of
99-27 the division of environmental protection of the state department of
99-28 conservation and natural resources. Proposed grants approved by the
99-29 appropriate deputy director and the administrator must not be awarded
99-30 until approved by the interim finance committee.
99-31 Sec. 184. NRS 445B.835 is hereby amended to read as follows:
99-32 445B.835 1. The department of motor vehicles [and public safety]
99-33 may impose an administrative fine, not to exceed $2,500, for a violation of
99-34 any provision of NRS 445B.700 to 445B.845, inclusive, or any rule,
99-35 regulation or order adopted or issued pursuant thereto. The department
99-36 shall afford to any person so fined an opportunity for a hearing pursuant to
99-37 the provisions of NRS 233B.121.
99-38 2. All administrative fines collected by the department pursuant to
99-39 subsection 1 must be deposited with the state treasurer to the credit of the
99-40 pollution control account.
99-41 3. In addition to any other remedy provided by NRS 445B.700 to
99-42 445B.845, inclusive, the department may compel compliance with any
99-43 provision of NRS 445B.700 to 445B.845, inclusive, and any rule,
99-44 regulation or order adopted or issued pursuant thereto, by injunction or
99-45 other appropriate remedy and the department may institute and maintain in
99-46 the name of the State of Nevada any such enforcement proceedings.
99-47 Sec. 185. NRS 445B.840 is hereby amended to read as follows:
99-48 445B.840 It is unlawful for any person to:
99-49 1. Possess any unauthorized evidence of compliance;
100-1 2. Make, issue or use any imitation or counterfeit evidence of
100-2 compliance;
100-3 3. Willfully and knowingly fail to comply with the provisions of NRS
100-4 445B.700 to 445B.815, inclusive, or any regulation adopted by the
100-5 department of motor vehicles ; [and public safety;] or
100-6 4. Issue evidence of compliance if he is not a licensed inspector of an
100-7 authorized inspection station, authorized station or fleet station.
100-8 Sec. 186. NRS 445B.845 is hereby amended to read as follows:
100-9 445B.845 1. A violation of any provision of NRS 445B.700 to
100-10 445B.845, inclusive, relating to motor vehicles, or any regulation adopted
100-11 pursuant thereto relating to motor vehicles, is a misdemeanor. The
100-12 provisions of NRS 445B.700 to 445B.845, inclusive, or any regulation
100-13 adopted pursuant thereto, must be enforced by any peace officer.
100-14 2. Satisfactory evidence that the motor vehicle or its equipment
100-15 conforms to those provisions or regulations, when supplied by the owner of
100-16 the motor vehicle to the department of motor vehicles [and public safety]
100-17 within 10 days after the issuance of a citation pursuant to subsection 1, may
100-18 be accepted by the court as a complete or partial mitigation of the offense.
100-19 Sec. 187. NRS 451.532 is hereby amended to read as follows:
100-20 451.532 “Identification card” means an identification card issued by
100-21 the department of motor vehicles [and public safety] pursuant to chapter
100-22 483 of NRS.
100-23 Sec. 188. NRS 451.573 is hereby amended to read as follows:
100-24 451.573 The department of motor vehicles [and public safety] and its
100-25 representatives are not liable for damages in a civil action or subject to
100-26 prosecution in any criminal proceeding on account of any entry on a
100-27 driver’s license or identification card issued by the department.
100-28 Sec. 189. NRS 453.076 is hereby amended to read as follows:
100-29 453.076 “Division” means the investigation division of the department
100-30 of [motor vehicles and] public safety.
100-31 Sec. 190. NRS 453.3363 is hereby amended to read as follows:
100-32 453.3363 1. If a person who has not previously been convicted of
100-33 any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to
100-34 any statute of the United States or of any state relating to narcotic drugs,
100-35 marijuana, or stimulant, depressant or hallucinogenic substances tenders a
100-36 plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a
100-37 charge pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of
100-38 one of those charges, the court, without entering a judgment of conviction
100-39 and with the consent of the accused, may suspend further proceedings and
100-40 place him on probation upon terms and conditions that must include
100-41 attendance and successful completion of an educational program or, in the
100-42 case of a person dependent upon drugs, of a program of treatment and
100-43 rehabilitation pursuant to NRS 453.580.
100-44 2. Upon violation of a term or condition, the court may enter a
100-45 judgment of conviction and proceed as provided in the section pursuant to
100-46 which the accused was charged. Notwithstanding the provisions of
100-47 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or
100-48 condition, the court may order the person to the custody of the department
100-49 of prisons.
101-1 3. Upon fulfillment of the terms and conditions, the court shall
101-2 discharge the accused and dismiss the proceedings against him. A
101-3 nonpublic record of the dismissal must be transmitted to and retained by
101-4 the division of parole and probation of the department of [motor vehicles
101-5 and] public safety solely for the use of the courts in determining whether,
101-6 in later proceedings, the person qualifies under this section.
101-7 4. Except as otherwise provided in subsection 5, discharge and
101-8 dismissal under this section is without adjudication of guilt and is not a
101-9 conviction for purposes of this section or for purposes of employment, civil
101-10 rights or any statute or regulation or license or questionnaire or for any
101-11 other public or private purpose, but is a conviction for the purpose of
101-12 additional penalties imposed for second or subsequent convictions or the
101-13 setting of bail. Discharge and dismissal restores the person discharged, in
101-14 the contemplation of the law, to the status occupied before the arrest,
101-15 indictment or information. He may not be held thereafter under any law to
101-16 be guilty of perjury or otherwise giving a false statement by reason of
101-17 failure to recite or acknowledge that arrest, indictment, information or trial
101-18 in response to an inquiry made of him for any purpose. Discharge and
101-19 dismissal under this section may occur only once with respect to any
101-20 person.
101-21 5. A professional licensing board may consider a proceeding under this
101-22 section in determining suitability for a license or liability to discipline for
101-23 misconduct. Such a board is entitled for those purposes to a truthful answer
101-24 from the applicant or licensee concerning any such proceeding with respect
101-25 to him.
101-26 Sec. 191. NRS 453.3365 is hereby amended to read as follows:
101-27 453.3365 1. Three years after a person is convicted and sentenced
101-28 pursuant to subsection 3 of NRS 453.336, the court may order sealed all
101-29 documents, papers and exhibits in that person’s record, minute book entries
101-30 and entries on dockets, and other documents relating to the case in the
101-31 custody of such other agencies and officers as are named in the court’s
101-32 order, if the:
101-33 (a) Person fulfills the terms and conditions imposed by the court and the
101-34 parole and probation officer; and
101-35 (b) Court, after a hearing, is satisfied that the person is rehabilitated.
101-36 2. Except as limited by subsection 4, 3 years after an accused is
101-37 discharged from probation pursuant to NRS 453.3363, the court shall order
101-38 sealed all documents, papers and exhibits in that person’s record, minute
101-39 book entries and entries on dockets, and other documents relating to the
101-40 case in the custody of such other agencies and officers as are named in the
101-41 court’s order if the person fulfills the terms and conditions imposed by the
101-42 court and the division of parole and probation of the department of [motor
101-43 vehicles and] public safety. The court shall order those records sealed
101-44 without a hearing unless the division of parole and probation petitions the
101-45 court, for good cause shown, not to seal the records and requests a hearing
101-46 thereon.
101-47 3. If the court orders sealed the record of a person discharged pursuant
101-48 to NRS 453.3363, it shall send a copy of the order to each agency or officer
102-1 named in the order. Each such agency or officer shall notify the court in
102-2 writing of its compliance with the order.
102-3 4. A professional licensing board is entitled, for the purpose of
102-4 determining suitability for a license or liability to discipline for
102-5 misconduct, to inspect and to copy from a record sealed pursuant to this
102-6 section.
102-7 Sec. 192. NRS 453.690 is hereby amended to read as follows:
102-8 453.690 1. Every person or institution authorized to dispense or
102-9 administer narcotic drugs shall furnish to the health division of the
102-10 department, the investigation division of the department of [motor vehicles
102-11 and] public safety and the state board of pharmacy such information as the
102-12 health division or the board may require by regulation.
102-13 2. Every public official or employee having duties to perform with
102-14 respect to narcotic drugs shall furnish to the health division of the
102-15 department, the investigation division of the department of [motor vehicles
102-16 and] public safety and the state board of pharmacy such information as the
102-17 regulations of the health division or the board may require.
102-18 Sec. 193. NRS 458.380 is hereby amended to read as follows:
102-19 458.380 1. The commission on substance abuse education,
102-20 prevention, enforcement and treatment is hereby created within the
102-21 department of [motor vehicles and] public safety.
102-22 2. The governor shall appoint as voting members of the commission:
102-23 (a) Three members who represent the criminal justice system and are
102-24 knowledgeable in the areas of the enforcement of laws relating to drugs,
102-25 parole and probation and the judicial system, at least one of whom is a
102-26 peace officer;
102-27 (b) Three members who represent education and are knowledgeable
102-28 about programs for the prevention of abuse of drugs and alcohol, at least
102-29 one of whom is a licensed employee of a local school district;
102-30 (c) Three members who represent programs and organizations for the
102-31 rehabilitation of persons who abuse drugs and alcohol, at least one of
102-32 whom is a manager of a program accredited by the state to treat persons
102-33 who abuse drugs and alcohol;
102-34 (d) One member who is employed by the bureau and has experience in
102-35 matters concerning budgeting and experience in working with the
102-36 programs of the bureau;
102-37 (e) One member who is employed by the division of mental health and
102-38 developmental services of the department of human resources who has
102-39 relevant experience, which may include, without limitation, experience in
102-40 matters concerning budgeting and experience in working with programs of
102-41 the division of mental health and developmental services of the department
102-42 of human resources;
102-43 (f) One member who represents the interests of private businesses
102-44 concerning substance abuse in the workplace; and
102-45 (g) Three members who represent the general public, one of whom is
102-46 the parent of a child who has a mental illness or who has or has had a
102-47 problem with substance abuse.
103-1 3. At least three of the voting members of the commission must be
103-2 representatives of northern Nevada, three must be representatives of
103-3 southern Nevada and three must be representatives of rural Nevada.
103-4 4. The legislative commission shall appoint one member of the senate
103-5 and one member of the assembly to serve as nonvoting members of the
103-6 commission. Such members must be appointed with appropriate regard for
103-7 their experience with and knowledge of matters relating to substance abuse
103-8 education, prevention, enforcement and treatment.
103-9 5. The director of the department of human resources, the
103-10 superintendent of public instruction, the director of the department of
103-11 employment, training and rehabilitation, the director of the department of
103-12 prisons, the attorney general and the director of the department of [motor
103-13 vehicles and] public safety are ex officio nonvoting members of the
103-14 commission. An ex officio member may designate a representative to serve
103-15 in his place on the commission or to attend a meeting of the commission in
103-16 his place. Each ex officio member or his representative shall attend each
103-17 meeting of the commission and provide any information which the
103-18 commission requests.
103-19 6. The term of office of each voting member of the commission is 2
103-20 years.
103-21 7. The governor shall appoint one member who is not an elected
103-22 official to serve as chairman of the commission.
103-23 8. Each member of the commission is entitled to receive the per diem
103-24 allowance and travel expenses provided for state officers and employees
103-25 generally.
103-26 9. Except during a regular or special session of the legislature, each
103-27 legislative member of the commission is entitled to receive the
103-28 compensation provided for a majority of the members of the legislature
103-29 during the first 60 days of the preceding regular session for each day or
103-30 portion of a day during which he attends a meeting of the commission or is
103-31 otherwise engaged in the business of the commission. The salaries and
103-32 expenses of the legislative members of the commission must be paid from
103-33 the legislative fund.
103-34 Sec. 194. NRS 459.7016 is hereby amended to read as follows:
103-35 459.7016 “Department” means the department of [motor vehicles and]
103-36 public safety.
103-37 Sec. 195. NRS 459.7018 is hereby amended to read as follows:
103-38 459.7018 “Director” means the director of the department of [motor
103-39 vehicles and] public safety.
103-40 Sec. 196. NRS 459.702 is hereby amended to read as follows:
103-41 459.702 “Division” means the Nevada highway patrol division of the
103-42 department of [motor vehicles and] public safety.
103-43 Sec. 197. NRS 459.742 is hereby amended to read as follows:
103-44 459.742 The commission, in carrying out its duties and within the
103-45 limits of legislative appropriations and other available money, may:
103-46 1. Enter into contracts, leases or other agreements or transactions;
103-47 2. Provide grants of money to local emergency planning committees to
103-48 improve their ability to respond to emergencies involving hazardous
103-49 materials;
104-1 3. Assist with the development of comprehensive plans for responding
104-2 to such emergencies in this state;
104-3 4. Provide technical assistance and administrative support to the
104-4 telecommunications unit of the communication and computing division of
104-5 the department of information technology for the development of systems
104-6 for communication during such emergencies;
104-7 5. Provide technical and administrative support and assistance for
104-8 training programs;
104-9 6. Develop a system to provide public access to data relating to
104-10 hazardous materials;
104-11 7. Support any activity or program eligible to receive money from the
104-12 contingency account for hazardous materials;
104-13 8. Adopt regulations setting forth the manner in which the division of
104-14 emergency management of the department of [motor vehicles and] public
104-15 safety shall:
104-16 (a) Allocate money received by the division which relates to hazardous
104-17 materials or is received pursuant to Public Law 99-499 or Title I of Public
104-18 Law 93-633; and
104-19 (b) Approve programs developed to address planning for and
104-20 responding to emergencies involving hazardous materials; and
104-21 9. Coordinate the activities administered by state agencies to carry out
104-22 the provisions of this chapter , [459 of NRS,] Public Law 99-499 and Title
104-23 I of Public Law 93-633.
104-24 Sec. 198. NRS 459.796 is hereby amended to read as follows:
104-25 459.796 A person is entitled to immunity under subsection 2 of NRS
104-26 459.792 only if:
104-27 1. In the case of one furnishing advice or assistance, he is qualified by
104-28 training, education or experience in the handling of hazardous materials
104-29 and provides advice or assistance within the area of his qualifications; and
104-30 2. He was requested to provide the equipment, advice or other
104-31 assistance by:
104-32 (a) The person responsible for the discharge;
104-33 (b) The division of emergency management of the department of [motor
104-34 vehicles and] public safety;
104-35 (c) The division of industrial relations of the department of business and
104-36 industry;
104-37 (d) The division of environmental protection of the state department of
104-38 conservation and natural resources;
104-39 (e) The Nevada highway patrol division of the department of [motor
104-40 vehicles and] public safety;
104-41 (f) The state fire marshal division of the department of [motor vehicles
104-42 and] public safety;
104-43 (g) The state emergency response commission or a local emergency
104-44 planning committee appointed by the commission;
104-45 (h) A local fire department; or
104-46 (i) A local agency for law enforcement.
104-47 Sec. 199. NRS 477.010 is hereby amended to read as follows:
104-48 477.010 1. The state fire marshal division is hereby established in the
104-49 department of [motor vehicles and] public safety.
105-1 2. The division consists of the fire protection and control section, the
105-2 fire investigation section, the public education section, the fire service
105-3 training section and the fire data section.
105-4 Sec. 200. NRS 477.013 is hereby amended to read as follows:
105-5 477.013 1. The director of the department of [motor vehicles and]
105-6 public safety shall consult the state board of fire services and appoint the
105-7 state fire marshal from the list of candidates presented by the board. The
105-8 chief of the state fire marshal division is the state fire marshal.
105-9 2. The state fire marshal may appoint, within the limits of legislative
105-10 appropriations, an assistant, deputies and such staff as is necessary to the
105-11 performance of his duties.
105-12 3. The assistant, deputies and additional personnel appointed by the
105-13 state fire marshal are in the classified service of the state.
105-14 Sec. 201. NRS 477.020 is hereby amended to read as follows:
105-15 477.020 1. The state board of fire services, consisting of eight
105-16 members appointed by the governor, is hereby created.
105-17 2. The governor shall appoint:
105-18 (a) A licensed architect;
105-19 (b) A chief of a volunteer fire department;
105-20 (c) A chief of a full-time, paid fire department;
105-21 (d) A professional engineer;
105-22 (e) The state forester firewarden;
105-23 (f) A training officer of a volunteer fire department;
105-24 (g) A training officer of a partially or fully paid fire department; and
105-25 (h) A specialist in hazardous materials,
105-26 to the board. No member other than the state forester firewarden may serve
105-27 for more than two consecutive terms.
105-28 3. The board shall select a chairman from among its members to serve
105-29 for 1 year. The state fire marshal shall serve as the secretary of the board.
105-30 4. The board may meet regularly at least twice each year or on the call
105-31 of the chairman, the secretary or any three members.
105-32 5. The members of the board, except the state forester firewarden, are
105-33 entitled to receive a salary of $60 for each day’s attendance at a meeting of
105-34 the board.
105-35 6. The board shall make recommendations to the state fire marshal and
105-36 to the legislature concerning necessary legislation in the field of fire
105-37 fighting and fire protection. When requested to do so by the director of the
105-38 department of [motor vehicles and] public safety, the board shall
105-39 recommend to him not fewer than three persons for appointment as state
105-40 fire marshal.
105-41 7. The board shall advise the state fire marshal on matters relating to
105-42 the training of firemen.
105-43 Sec. 202. NRS 477.075 is hereby amended to read as follows:
105-44 477.075 1. The fire service standards and training committee,
105-45 consisting of seven voting members and one nonvoting member, is hereby
105-46 created.
105-47 2. The committee consists of the chairman of the state board of fire
105-48 services, who is an ex officio member of the committee, one member
106-1 appointed by the state fire marshal, and six members appointed by the
106-2 governor as follows:
106-3 (a) Two chief officers or persons of equivalent rank, or two persons
106-4 designated by the chief of the department, of a full-time, paid fire
106-5 department who have experience in fire service training;
106-6 (b) Two chief officers or persons of equivalent rank, or two persons
106-7 designated by the chief of the department, of a volunteer fire department
106-8 who have experience in fire service training; and
106-9 (c) Two chief officers or persons of equivalent rank, or two persons
106-10 designated by the chief of the department, of a combination paid and
106-11 volunteer fire department who have experience in fire service training.
106-12 3. The six members appointed by the governor must be from the
106-13 following counties:
106-14 (a) One member from Clark County;
106-15 (b) One member from Washoe County; and
106-16 (c) Four members from other counties, except that a majority of the
106-17 voting members on the committee must not be from one county.
106-18 4. The governor shall make the appointments from recommendations
106-19 submitted by:
106-20 (a) The Nevada Fire Chiefs Association Inc.;
106-21 (b) The Nevada State Firemens Association;
106-22 (c) The Professional Fire Fighters of Nevada;
106-23 (d) The Southern Nevada Fire Marshal’s Association;
106-24 (e) The Southern Nevada Fire Chiefs’ Association;
106-25 (f) The Northern Nevada Fire Marshal’s Association; and
106-26 (g) Representatives of fire departments of Washoe County.
106-27 5. For the initial terms of the members of the committee, each entity
106-28 listed in subsection 4 shall submit three recommendations to the governor.
106-29 After the initial terms, each entity shall submit two recommendations to the
106-30 governor.
106-31 6. The member appointed by the state fire marshal shall serve as
106-32 secretary to the committee and is a nonvoting member of the committee.
106-33 7. The members of the committee shall select a chairman from among
106-34 their membership.
106-35 8. After the initial terms, the term of each appointed member of the
106-36 committee is 2 years.
106-37 9. A vacancy in the committee must be filled for the remainder of the
106-38 unexpired term in the same manner as the original appointment.
106-39 10. Each member of the committee is entitled to receive from the state
106-40 fire marshal division of the department of [motor vehicles and] public
106-41 safety the per diem allowance and travel expenses provided for state
106-42 officers and employees generally for each day or portion of a day during
106-43 which he attends a meeting of the committee or is otherwise engaged in the
106-44 work of the committee.
106-45 11. The state fire marshal division shall provide the committee with
106-46 administrative support.
106-47 Sec. 203. NRS 582.090 is hereby amended to read as follows:
106-48 582.090 1. The state sealer of weights and measures shall designate a
106-49 reasonable fee to be charged by public weighmasters for weighing. The fee
107-1 must be retained by the public weighmaster as compensation for his
107-2 services.
107-3 2. The department of motor vehicles , [and public safety,] under the
107-4 provisions of chapters 482 and 706 of NRS, may collect a fee, not to
107-5 exceed $1, for each vehicle weighed by that department.
107-6 Sec. 204. NRS 590.840 is hereby amended to read as follows:
107-7 590.840 1. Except as otherwise provided in subsection 3, the
107-8 department shall collect for deposit in the fund a fee of 0.75 cent for each
107-9 gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of
107-10 grade number 2 and heating oil imported into this state in one of those
107-11 forms or refined in this state. The fee imposed by this section is in addition
107-12 to the taxes imposed by chapters 365 and 366 of NRS.
107-13 2. The department of motor vehicles [and public safety] shall
107-14 cooperate with the department of taxation in ascertaining the amount of
107-15 diesel fuel so imported and the identity of each person liable for payment
107-16 of the fee upon it.
107-17 3. The fee imposed by subsection 1 does not apply to motor vehicle
107-18 fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or
107-19 heating oil that is:
107-20 (a) Imported or refined by the United States, its unincorporated agencies
107-21 and instrumentalities, or any incorporated agency or instrumentality of the
107-22 United States wholly owned by the United States or by a corporation
107-23 wholly owned by the United States;
107-24 (b) Exported from the state;
107-25 (c) Imported or refined by railroad companies for use in locomotive
107-26 engines;
107-27 (d) Being transported through the state in interstate commerce; or
107-28 (e) Used as fuel for jet or turbine-powered aircraft.
107-29 4. The fee is payable on or before the 25th day of each calendar month
107-30 for those products subject to the fee that are handled during the preceding
107-31 calendar month. The department shall prescribe by regulation the manner
107-32 of payment of the fee and for this purpose may reasonably classify the
107-33 persons liable for payment. The department may, in collecting the fee,
107-34 employ any administrative power conferred upon it by chapter 365 of NRS.
107-35 5. The expenses incurred by the department in performing its duties
107-36 under NRS 590.700 to 590.920, inclusive, are a charge against the fund.
107-37 Sec. 205. NRS 597.490 is hereby amended to read as follows:
107-38 597.490 1. Each garageman shall display conspicuously in those
107-39 areas of his place of business frequented by persons seeking repairs on
107-40 motor vehicles a sign, not less than 22 inches by 28 inches in size, setting
107-41 forth in boldface letters the following:
107-42 STATE OF NEVADA
107-43 REGISTERED GARAGE
107-44 THIS GARAGE IS REGISTERED WITH THE
107-45 DEPARTMENT OF MOTOR VEHICLES [AND PUBLIC SAFETY]
108-1 NEVADA AUTOMOTIVE REPAIR CUSTOMER
108-2 BILL OF RIGHTS
108-3 AS A CUSTOMER IN NEVADA:
108-4 YOU have the right to receive repairs from a business that is
108-5 REGISTERED with the department of motor vehicles [and public safety]
108-6 that will ensure the proper repair of your vehicle. (NRS 597.490)
108-7 YOU have the right to receive a WRITTEN ESTIMATE of charges for
108-8 repairs made to your vehicle which exceed $50. (NRS 597.510)
108-9 YOU have the right to read and understand all documents and warranties
108-10 BEFORE YOU SIGN THEM. (NRS 597.490)
108-11 YOU have the right to INSPECT ALL REPLACED PARTS and
108-12 accessories that are covered by a warranty and for which a charge is made.
108-13 (NRS 597.550)
108-14 YOU have the right to request that all replaced parts and accessories that
108-15 are not covered by a warranty BE RETURNED TO YOU AT THE TIME
108-16 OF SERVICE. (NRS 597.550)
108-17 YOU have the right to require authorization BEFORE any additional
108-18 repairs are made to your vehicle if the charges for those repairs exceed
108-19 20% of the original estimate or $100, whichever is less. (NRS 597.520)
108-20 YOU have the right to receive a COMPLETED STATEMENT OF
108-21 CHARGES for repairs made to your vehicle. (NRS 487.035)
108-22 YOU have the right to a FAIR RESOLUTION of any dispute that
108-23 develops concerning the repair of your vehicle. (NRS 597.490)
108-24 FOR MORE INFORMATION PLEASE CONTACT:
108-25 THE DEPARTMENT OF BUSINESS AND INDUSTRY
108-26 CONSUMER AFFAIRS DIVISION
108-27 IN CLARK COUNTY: (702) 486-7355
108-28 ALL OTHER AREAS TOLL-FREE: 1-800-326-5202
108-29 2. The sign required pursuant to the provisions of subsection 1 must
108-30 include a replica of the great seal of the State of Nevada. The seal must be
108-31 2 inches in diameter and be centered on the face of the sign directly above
108-32 the words “STATE OF NEVADA.”
108-33 3. Any person who violates the provisions of this section is guilty of a
108-34 misdemeanor.
109-1 Sec. 206. NRS 598.975 is hereby amended to read as follows:
109-2 598.975 “Department” means the department of motor vehicles . [and
109-3 public safety.]
109-4 Sec. 207. NRS 616A.140 is hereby amended to read as follows:
109-5 616A.140 A member of the Nevada Wing of the Civil Air Patrol who
109-6 participates:
109-7 1. In a mission; or
109-8 2. In training,
109-9 which has been authorized by the division of emergency management of
109-10 the department of [motor vehicles and] public safety shall be deemed for
109-11 the purposes of chapters 616A to 616D, inclusive, of NRS to be an
109-12 employee of the division of emergency management at the wage of $600
109-13 per month and, in the event of injury during such a mission or training, is
109-14 entitled to the benefits of those chapters.
109-15 Sec. 208. NRS 616A.160 is hereby amended to read as follows:
109-16 616A.160 Volunteer officers attached to the Nevada highway patrol,
109-17 volunteers appointed pursuant to NRS 484.4085 who qualify pursuant to
109-18 subsection 4 of that section, the investigators appointed pursuant to [NRS
109-19 481.243] section 30 of this act or volunteers of a regularly organized and
109-20 recognized police department, metropolitan police department or sheriff’s
109-21 unit, while engaged in their duties as such in any voluntary community
109-22 service and while acting under the direction of the chief of the Nevada
109-23 highway patrol, chief of the investigation division of the department of
109-24 [motor vehicles and] public safety or a sheriff or chief of police, or their
109-25 deputies or assistants, of any county, metropolitan police department, city
109-26 or town in the protection of life or property shall be deemed, for the
109-27 purpose of chapters 616A to 616D, inclusive, of NRS, employees of the
109-28 Nevada highway patrol, investigation division or the city, town,
109-29 metropolitan police department or county so recognizing them, at the wage
109-30 of $900 per month, and are entitled to the benefits of those chapters upon
109-31 compliance therewith by the Nevada highway patrol, investigation division
109-32 or the county, metropolitan police department, city or town.
109-33 Sec. 209. NRS 617.135 is hereby amended to read as follows:
109-34 617.135 “Police officer” includes:
109-35 1. A sheriff, deputy sheriff, officer of a metropolitan police department
109-36 or city policeman;
109-37 2. A chief, inspector, supervisor, commercial officer or trooper of the
109-38 Nevada highway patrol;
109-39 3. A chief, investigator or agent of the investigation division of the
109-40 department of [motor vehicles and] public safety;
109-41 4. An officer or investigator of the section for the control of emissions
109-42 from vehicles [of the motor vehicles branch] of the department of motor
109-43 vehicles ; [and public safety;]
109-44 5. An investigator of the division of compliance enforcement [of the
109-45 motor vehicles branch] of the department of motor vehicles ; [and public
109-46 safety;]
109-47 6. A member of the police department of the University and
109-48 Community College System of Nevada;
109-49 7. A:
110-1 (a) Uniformed employee of; or
110-2 (b) Forensic specialist employed by,
110-3 the department of prisons whose position requires regular and frequent
110-4 contact with the offenders imprisoned and subjects the employee to recall
110-5 in emergencies;
110-6 8. A parole and probation officer of the division of parole and
110-7 probation of the department of [motor vehicles and] public safety; and
110-8 9. A forensic specialist or correctional officer employed by the
110-9 division of mental health and development services of the department of
110-10 human resources at facilities for mentally disordered offenders.
110-11 Sec. 210. NRS 639.236 is hereby amended to read as follows:
110-12 639.236 1. All prescriptions filled by a practitioner must be serially
110-13 numbered and filed in the manner prescribed by regulation of the board.
110-14 Prescriptions for controlled substances listed in schedule II must be filed
110-15 separately from other prescriptions or in a readily retrievable manner as the
110-16 board may provide by regulation. All prescriptions must be retained on file
110-17 for at least 2 years.
110-18 2. Each prescription on file must bear the date on which it was
110-19 originally filled and be personally signed or initialed by the registered
110-20 pharmacist or practitioner who filled it.
110-21 3. Files of prescriptions are open to inspection by members, inspectors
110-22 and investigators of the board and by inspectors of the Food and Drug
110-23 Administration and agents of the investigation division of the department
110-24 of [motor vehicles and] public safety.
110-25 Sec. 211. NRS 639.238 is hereby amended to read as follows:
110-26 639.238 1. Prescriptions filled and on file in a pharmacy are not a
110-27 public record. A pharmacist shall not divulge the contents of any
110-28 prescription or provide a copy of any prescription, except to:
110-29 (a) The patient for whom the original prescription was issued;
110-30 (b) The practitioner who originally issued the prescription;
110-31 (c) A practitioner who is then treating the patient;
110-32 (d) A member, inspector or investigator of the board or an inspector of
110-33 the Food and Drug Administration or an agent of the investigation division
110-34 of the department of [motor vehicles and] public safety;
110-35 (e) An agency of state government charged with the responsibility of
110-36 providing medical care for the patient;
110-37 (f) An insurance carrier, on receipt of written authorization signed by
110-38 the patient or his legal guardian, authorizing the release of such
110-39 information;
110-40 (g) Any person authorized by an order of a district court;
110-41 (h) Any member, inspector or investigator of a professional licensing
110-42 board which licenses a practitioner who orders prescriptions filled at the
110-43 pharmacy; or
110-44 (i) Other registered pharmacists for the limited purpose of and to the
110-45 extent necessary for the exchange of information relating to persons who
110-46 are suspected of:
110-47 (1) Misusing prescriptions to obtain excessive amounts of drugs.
111-1 (2) Failing to use a drug in conformity with the directions for its use
111-2 or taking a drug in combination with other drugs in a manner that could
111-3 result in injury to that person.
111-4 2. Any copy of a prescription for a controlled substance or a dangerous
111-5 drug as defined in chapter 454 of NRS, issued to a person authorized by
111-6 this section to receive such a copy, must contain all of the information
111-7 appearing on the original prescription and be clearly marked on its face,
111-8 “Copy, Not Refillable-For Reference Purposes Only.” The copy must bear
111-9 the name or initials of the registered pharmacist who prepared the copy.
111-10 3. If a copy of a prescription for any controlled substance or a
111-11 dangerous drug as defined in chapter 454 of NRS is furnished to the
111-12 customer, the original prescription must be voided and notations made
111-13 thereon showing the date and the name of the person to whom the copy
111-14 was furnished.
111-15 4. If, at the express request of a customer, a copy of a prescription for
111-16 any controlled substance or dangerous drug is furnished to another
111-17 pharmacist, the original prescription must be voided and notations made
111-18 thereon showing the date and the name of the pharmacist to whom the copy
111-19 was furnished. The pharmacist receiving the copy shall call the prescribing
111-20 practitioner for a new prescription.
111-21 Sec. 212. NRS 639.239 is hereby amended to read as follows:
111-22 639.239 Members, inspectors and investigators of the board,
111-23 inspectors of the Food and Drug Administration and agents of the
111-24 investigation division of the department of [motor vehicles and] public
111-25 safety may remove any record required to be retained by state or federal
111-26 law or regulation, including any prescription contained in the files of a
111-27 practitioner, if the record in question will be used as evidence in a criminal
111-28 action, civil action or an administrative proceeding, or contemplated action
111-29 or proceeding. The person who removes a record pursuant to this section
111-30 shall:
111-31 1. Affix the name and address of the practitioner to the back of the
111-32 record;
111-33 2. Affix his initials, cause an agent of the practitioner to affix his
111-34 initials and note the date of the removal of the record on the back of the
111-35 record;
111-36 3. Affix the name of the agency for which he is removing the record to
111-37 the back of the record;
111-38 4. Provide the practitioner with a receipt for the record; and
111-39 5. Return a photostatic copy of both sides of the record to the
111-40 practitioner within 15 working days after the record is removed.
111-41 Sec. 213. NRS 648.157 is hereby amended to read as follows:
111-42 648.157 1. A private investigator licensed pursuant to this chapter
111-43 shall not obtain or seek access to information from the department of motor
111-44 vehicles [and public safety] pursuant to subsection 3 of NRS 481.063 for
111-45 any purpose other than a purpose that is directly related to his investigation
111-46 of an insurance claim.
111-47 2. If the board finds that a violation of this section has occurred, the
111-48 board shall, in addition to any other disciplinary action it deems
111-49 appropriate, suspend the license of the private investigator.
112-1 Sec. 214. NRS 680A.080 is hereby amended to read as follows:
112-2 680A.080 To qualify for and hold authority to transact insurance in
112-3 this state, an insurer must be otherwise in compliance with this code and
112-4 with its charter powers, and must be an incorporated stock or mutual
112-5 insurer, or a reciprocal insurer, of the same general type as may be formed
112-6 as a domestic insurer under this code, except that:
112-7 1. No foreign insurer may be authorized to transact insurance in this
112-8 state which does not maintain reserves as required by chapter 681B of NRS
112-9 (assets and liabilities), as applicable to the kind or kinds of insurance
112-10 transacted by such insurer, wherever transacted in the United States of
112-11 America, or which transacts business anywhere in the United States of
112-12 America on the assessment plan, or stipulated premium plan, or any similar
112-13 plan.
112-14 2. No insurer may be authorized to transact a kind of insurance in this
112-15 state unless duly authorized or qualified to transact such insurance in the
112-16 state or country of its domicile.
112-17 3. No insurer may be authorized to transact in this state any kind of
112-18 insurance which is not within the definitions as set forth in NRS 681A.010
112-19 to 681A.080, inclusive (kinds of insurance).
112-20 4. No such authority may be granted or continued to any insurer while
112-21 in arrears to the state for fees, licenses, taxes, assessments, fines or
112-22 penalties accrued on business previously transacted in this state.
112-23 In addition to the other requirements set forth in this section, an insurer
112-24 who proposes to transact in this state insurance that protects a policyholder
112-25 from liability arising out of the ownership, maintenance or use of a motor
112-26 vehicle must demonstrate to the satisfaction of the department of motor
112-27 vehicles [and public safety] that the insurer is able to comply with the
112-28 provisions of NRS 485.314.
112-29 Sec. 215. NRS 690B.020 is hereby amended to read as follows:
112-30 690B.020 1. Except as otherwise provided in this section and NRS
112-31 690B.035, no policy insuring against liability arising out of the ownership,
112-32 maintenance or use of any motor vehicle may be delivered or issued for
112-33 delivery in this state unless coverage is provided therein or supplemental
112-34 thereto for the protection of persons insured thereunder who are legally
112-35 entitled to recover damages, from owners or operators of uninsured or hit-
112-36 and-run motor vehicles, for bodily injury, sickness or disease, including
112-37 death, resulting from the ownership, maintenance or use of the uninsured
112-38 or hit-and-run motor vehicle. No such coverage is required in or
112-39 supplemental to a policy issued to the State of Nevada or any political
112-40 subdivision thereof, or where rejected in writing, on a form furnished by
112-41 the insurer describing the coverage being rejected, by an insured named
112-42 therein, or upon any renewal of such a policy unless the coverage is then
112-43 requested in writing by the named insured. The coverage required in this
112-44 section may be referred to as “uninsured vehicle coverage.”
112-45 2. The amount of coverage to be provided must be not less than the
112-46 minimum limits for liability insurance for bodily injury provided for under
112-47 chapter 485 of NRS, but may be in an amount not to exceed the coverage
112-48 for bodily injury purchased by the policyholder.
113-1 3. For the purposes of this section , the term “uninsured motor vehicle”
113-2 means a motor vehicle:
113-3 (a) With respect to which there is not available at the department of
113-4 motor vehicles [and public safety] evidence of financial responsibility as
113-5 required by chapter 485 of NRS;
113-6 (b) With respect to the ownership, maintenance or use of which there is
113-7 no liability insurance for bodily injury or bond applicable at the time of the
113-8 accident, or, to the extent of such deficiency, any liability insurance for
113-9 bodily injury or bond in force is less than the amount required by NRS
113-10 485.210;
113-11 (c) With respect to the ownership, maintenance or use of which the
113-12 company writing any applicable liability insurance for bodily injury or
113-13 bond denies coverage or is insolvent;
113-14 (d) Used without the permission of its owner if there is no liability
113-15 insurance for bodily injury or bond applicable to the operator;
113-16 (e) Used with the permission of its owner who has insurance which does
113-17 not provide coverage for the operation of the motor vehicle by any person
113-18 other than the owner if there is no liability insurance for bodily injury or
113-19 bond applicable to the operator; or
113-20 (f) The owner or operator of which is unknown or after reasonable
113-21 diligence cannot be found if:
113-22 (1) The bodily injury or death has resulted from physical contact of
113-23 the automobile with the named insured or the person claiming under him or
113-24 with an automobile which the named insured or such a person is
113-25 occupying; and
113-26 (2) The named insured or someone on his behalf has reported the
113-27 accident within the time required by NRS 484.223, 484.225 or 484.227 to
113-28 the police department of the city where it occurred, or if it occurred in an
113-29 unincorporated area, to the sheriff of the county or to the Nevada highway
113-30 patrol.
113-31 4. For the purposes of this section , the term “uninsured motor vehicle”
113-32 also includes, subject to the terms and conditions of coverage, an insured
113-33 other motor vehicle where:
113-34 (a) The liability insurer of the other motor vehicle is unable because of
113-35 its insolvency to make payment with respect to the legal liability of its
113-36 insured within the limits specified in its policy;
113-37 (b) The occurrence out of which legal liability arose took place while
113-38 the uninsured vehicle coverage required under paragraph (a) was in effect;
113-39 and
113-40 (c) The insolvency of the liability insurer of the other motor vehicle
113-41 existed at the time of, or within 2 years after, the occurrence.
113-42 Nothing contained in this subsection prevents any insurer from providing
113-43 protection from insolvency to its insureds under more favorable terms.
113-44 5. If payment is made to any person under uninsured vehicle coverage,
113-45 and subject to the terms of the coverage, to the extent of such payment the
113-46 insurer is entitled to the proceeds of any settlement or recovery from any
113-47 person legally responsible for the bodily injury as to which payment was
113-48 made, and to amounts recoverable from the assets of the insolvent insurer
113-49 of the other motor vehicle.
114-1 6. A vehicle involved in a collision which results in bodily injury or
114-2 death shall be presumed to be an uninsured motor vehicle if no evidence of
114-3 financial responsibility is supplied to the department of motor vehicles [and
114-4 public safety] in the manner required by chapter 485 of NRS within 60
114-5 days after the collision occurs.
114-6 Sec. 216. NRS 690B.029 is hereby amended to read as follows:
114-7 690B.029 1. A policy of insurance against liability arising out of the
114-8 ownership, maintenance or use of a motor vehicle delivered or issued for
114-9 delivery in this state to a person who is 55 years of age or older must
114-10 contain a provision for the reduction in the premiums for 3-year periods if
114-11 the insured:
114-12 (a) Successfully completes, after attaining 55 years of age and every 3
114-13 years thereafter, a course of traffic safety approved by the department of
114-14 motor vehicles ; [and public safety;] and
114-15 (b) For the 3-year period before completing the course of traffic safety
114-16 and each 3-year period thereafter:
114-17 (1) Is not involved in an accident involving a motor vehicle for which
114-18 the insured is at fault;
114-19 (2) Maintains a driving record free of violations; and
114-20 (3) Has not been convicted of or entered a plea of guilty, guilty but
114-21 mentally ill or nolo contendere to a moving traffic violation or an offense
114-22 involving:
114-23 (I) The operation of a motor vehicle while under the influence of
114-24 intoxicating liquor or a controlled substance; or
114-25 (II) Any other conduct prohibited by NRS 484.379 or 484.3795 or
114-26 a law of any other jurisdiction that prohibits the same or similar conduct.
114-27 2. The reduction in the premiums provided for in subsection 1 must be
114-28 based on the actuarial and loss experience data available to each insurer
114-29 and must be approved by the commissioner. Each reduction must be
114-30 calculated based on the amount of the premium before any reduction in that
114-31 premium is made pursuant to this section, and not on the amount of the
114-32 premium once it has been reduced.
114-33 3. A course of traffic safety that an insured is required to complete as
114-34 the result of moving traffic violations must not be used as the basis for a
114-35 reduction in premiums pursuant to this section.
114-36 4. The organization that offers a course of traffic safety approved by
114-37 the department of motor vehicles [and public safety] shall issue a
114-38 certificate to each person who successfully completes the course. A person
114-39 must use the certificate to qualify for the reduction in the premiums
114-40 pursuant to this section.
114-41 5. The commissioner shall review and approve or disapprove a policy
114-42 of insurance that offers a reduction in the premiums pursuant to subsection
114-43 1. An insurer must receive written approval from the commissioner before
114-44 delivering or issuing a policy with a provision containing such a reduction.
114-45 Sec. 217. NRS 706.061 is hereby amended to read as follows:
114-46 706.061 “Department” means the department of motor vehicles . [and
114-47 public safety.]
115-1 Sec. 218. NRS 706.4479 is hereby amended to read as follows:
115-2 706.4479 If a motor vehicle is towed at the request of someone other
115-3 than the owner, or authorized agent of the owner, of the motor vehicle, the
115-4 operator shall, in addition to the requirements set forth in the provisions of
115-5 chapter 108 of NRS:
115-6 1. Notify the registered and legal owner of the motor vehicle by
115-7 certified mail not later than 15 days after placing a vehicle in storage:
115-8 (a) Of the location where the motor vehicle is being stored;
115-9 (b) Whether the storage is inside a locked building, in a secured, fenced
115-10 area or in an unsecured, open area;
115-11 (c) Of the charge for storage; and
115-12 (d) Of the date and time the vehicle was placed in storage.
115-13 2. If the identity of the registered and legal owners is not readily
115-14 available, request the necessary information from the department . [of
115-15 motor vehicles and public safety.] The operator shall attempt to notify the
115-16 owner of the vehicle as soon as possible, but in no case later than 15 days,
115-17 after identification of the owner is obtained.
115-18 3. Use all resources reasonably necessary to ascertain the name of the
115-19 owner of a vehicle and is responsible for making an independent inquiry
115-20 and correct notification of the owner.
115-21 Sec. 219. NRS 706.806 is hereby amended to read as follows:
115-22 706.806 As used in NRS 706.801 to 706.861, inclusive, unless the
115-23 context otherwise requires:
115-24 1. “Country” includes any political subdivision thereof.
115-25 2. “Department” means the department of motor vehicles . [and public
115-26 safety.]
115-27 3. “Fee” means each fee for registration and tax imposed by this state,
115-28 except motor vehicle fuel taxes and motor carrier licensing fees.
115-29 4. “Mileage” includes mileage in this state and in all other states and
115-30 countries.
115-31 5. “Motor vehicle” includes every motor vehicle with a declared gross
115-32 weight in excess of 26,000 pounds required to be registered under the laws
115-33 of this state.
115-34 6. “Operator” includes the owner or operator of any motor vehicle.
115-35 7. “Plan” means a plan adopted by any state or country for the
115-36 proration of fees on a basis to effectuate the principles set forth in NRS
115-37 706.826.
115-38 8. “State” includes the states of the United States, the District of
115-39 Columbia and the territories of the United States.
115-40 9. “Vehicle” includes every vehicle of a type required to be registered
115-41 under the laws of this state.
115-42 Sec. 220. NRS 706.841 is hereby amended to read as follows:
115-43 706.841 1. Each operator shall qualify to operate pursuant to the
115-44 provisions of NRS 706.801 to 706.861, inclusive, by filing an application
115-45 for that purpose with the department [of motor vehicles and public safety]
115-46 before the time any fee becomes delinquent.
115-47 2. The application must:
115-48 (a) Show the total mileage of motor vehicles operated by the person in
115-49 this state and all states and countries during the next preceding 12 months
116-1 ending June 30 and describe and identify each motor vehicle to be operated
116-2 during the period of registration in such detail as the department may
116-3 require.
116-4 (b) Be accompanied by a fee, unless the department is satisfied that the
116-5 fee is secured, to be computed as follows:
116-6 (1) Divide the number of in-state miles by the total number of fleet
116-7 miles;
116-8 (2) Determine the total amount of money necessary to register each
116-9 motor vehicle in the fleet for which registration is requested; and
116-10 (3) Multiply the amount determined under subparagraph (2) by the
116-11 fraction obtained pursuant to subparagraph (1).
116-12 Sec. 221. NRS 706.846 is hereby amended to read as follows:
116-13 706.846 Upon the payment of all fees required pursuant to the
116-14 provisions of NRS 706.801 to 706.861, inclusive, or upon being satisfied
116-15 that the fee is secured and upon compliance with the laws of this state in
116-16 order to register the vehicles, the department [of motor vehicles and public
116-17 safety] shall register them, and issue plates, licenses, emblems, certificates
116-18 or other devices for the vehicles in the same manner as otherwise provided
116-19 by law.
116-20 Sec. 222. NRS 706.8822 is hereby amended to read as follows:
116-21 706.8822 The administrator shall conduct administrative hearings and
116-22 make final decisions, subject to appeal by any aggrieved party to the
116-23 taxicab authority, in the following matters:
116-24 1. Any violation relating to the issuance of or transfer of license plates
116-25 for motor carriers required by either the taxicab authority or the department
116-26 of motor vehicles ; [and public safety;]
116-27 2. Complaints against certificate holders;
116-28 3. Complaints against taxicab drivers;
116-29 4. Applications for, or suspension or revocation of, drivers’ permits
116-30 which may be required by the administrator; and
116-31 5. Imposition of monetary penalties.
116-32 Sec. 223. NRS 706.8828 is hereby amended to read as follows:
116-33 706.8828 1. A certificate holder shall file with the administrator, and
116-34 keep in effect at all times, a policy of insurance with an insurance company
116-35 licensed to do business in the State of Nevada.
116-36 2. The insurance policy specified in subsection 1 must:
116-37 (a) Provide the following coverage:
116-38 For injury to one person in any one accident $100,000
116-39 For injury to two or more persons in any one accident.................................................. 300,000
116-40 For property damage in any one accident 10,000
116-41 (b) Contain a clause which states substantially that the insurance carrier
116-42 may only cancel the policy upon 30 days’ written notice to the certificate
116-43 holder and administrator; and
116-44 (c) Contain such other provisions concerning notice as may be required
116-45 by law to be given to the certificate holder.
117-1 3. If an insurance policy is canceled, the certificate holder shall not
117-2 operate or cause to be operated any taxicab that was covered by the policy
117-3 until other insurance is furnished.
117-4 4. A certificate holder to whom [the motor vehicles branch of] the
117-5 department of motor vehicles [and public safety] has issued a certificate of
117-6 self-insurance may self-insure the first $50,000, combined single-limit, per
117-7 accident, of the coverage required by subsection 2.
117-8 Sec. 224. Section 20 of this act is hereby amended to read as follows:
117-9 The duties of the personnel of the Nevada highway patrol are:
117-10 1. To police the public highways of this state, to enforce and to
117-11 aid in enforcing thereon all the traffic laws of the State of Nevada and
117-12 to enforce all other laws of this state when:
117-13 (a) In the apprehension or pursuit of an offender or suspected
117-14 offender;
117-15 (b) Making arrests for crimes committed in their presence or upon
117-16 or adjacent to the highways of this state; or
117-17 (c) Making arrests pursuant to a warrant in the officer’s possession
117-18 or communicated to him.
117-19 2. To investigate accidents on all primary and secondary
117-20 highways within the State of Nevada resulting in personal injury,
117-21 property damage or death, and to gather evidence to prosecute any
117-22 person guilty of any violation of the law contributing to the happening
117-23 of such an accident.
117-24 3. In conjunction with the department of motor vehicles, to
117-25 enforce the provisions of chapters 365, 366, 408, 482 to 486,
117-26 inclusive, 487 and 706 of NRS.
117-27 4. To maintain the central repository for Nevada records of
117-28 criminal history and to carry out the provisions of chapter 179A of
117-29 NRS.
117-30 5. To enforce the provisions of laws and regulations relating to
117-31 motor carriers, the safety of their vehicles and equipment, and their
117-32 transportation of hazardous materials and other cargo.
117-33 6. To maintain the repository for information concerning
117-34 hazardous materials in Nevada and to carry out its duties pursuant to
117-35 chapter 459 of NRS concerning the transportation of hazardous
117-36 materials.
117-37 7. To perform such other duties in connection with those
117-38 specified in this section as may be imposed by the director.
117-39 Sec. 225. Section 30 of chapter 491, Statutes of Nevada 1991, at page
117-40 1448, is hereby amended to read as follows:
117-41 Sec. 30. 1. Except as otherwise provided in section 34 of this
117-42 act and in addition to all other taxes imposed on the valuation of
117-43 vehicles, the board of county commissioners of Churchill, Elko,
117-44 Humboldt, Washoe and Lander counties and the board of supervisors
117-45 of Carson City may by ordinance, but not as in a case of emergency,
117-46 impose a special privilege tax of 1 cent on each $1 of valuation of the
117-47 vehicle for the privilege of operating upon the public streets, roads
117-48 and highways of the county on each vehicle based in the county
117-49 except:
118-1 (a) A vehicle exempt from the motor vehicle privilege tax pursuant
118-2 to this chapter; or
118-3 (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which
118-4 is engaged in interstate or intercounty operations.
118-5 2. The department of motor vehicles [and public safety] shall
118-6 deposit the proceeds of the tax imposed pursuant to subsection 1 with
118-7 the state treasurer for credit to the tax distribution fund for the county
118-8 in which it was collected.
118-9 3. As used in this section , “based” has the meaning ascribed to it
118-10 in NRS 482.011.
118-11 Sec. 226. Section 9 of chapter 475, Statutes of Nevada 1993, at page
118-12 1953, is hereby amended to read as follows:
118-13 Sec. 9. 1. Except as otherwise provided in section 14 of this act
118-14 and in addition to all other taxes imposed on the valuation of vehicles,
118-15 the board of county commissioners of Douglas, Esmeralda, Lincoln,
118-16 Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may
118-17 by ordinance, in the manner provided in section 13 of this act, impose
118-18 a special privilege tax of 1 cent on each $1 of valuation of the vehicle
118-19 for the privilege of operating upon the public streets, roads and
118-20 highways of the county on each vehicle based in the county except:
118-21 (a) A vehicle exempt from the motor vehicle privilege tax pursuant
118-22 to chapter 371 of NRS; or
118-23 (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which
118-24 is engaged in interstate or intercounty operations.
118-25 2. The department of motor vehicles [and public safety] shall
118-26 deposit the proceeds of the tax imposed pursuant to subsection 1 with
118-27 the state treasurer for credit to the tax distribution fund for the county
118-28 in which it was collected.
118-29 3. As used in this section , “based” has the meaning ascribed to it
118-30 in NRS 482.011.
118-31 Sec. 227. Section 7 of chapter 575, Statutes of Nevada 1997, at page
118-32 2825, is hereby amended to read as follows:
118-33 Sec. 7. The amendatory provisions of this act expire by
118-34 limitation on October 1, 2001, if on that date the department of motor
118-35 vehicles [and public safety] has received fewer than 250 applications
118-36 for the issuance of a license plate pursuant to section 1 of this act.
118-37 Sec. 228. Section 18 of chapter 599, Statutes of Nevada 1997, at page
118-38 3005, is hereby amended to read as follows:
118-39 Sec. 18. Assembly Bill No. 529 of this sessionis hereby
118-40 amended by adding thereto a new section to be
designated as
section 3, immediately following section 2, to read as follows:
118-41 Sec. 3. The amendatory provisions of this act expire by
118-42 limitation on October 1, 2001, if on that date the department of
118-43 motor vehicles [and public safety] has received fewer than 250
118-44 applications for the issuance of a license plate pursuant to section 1
118-45 of this act.
119-1 Sec. 229. Section 6 of chapter 607, Statutes of Nevada 1997, at page
119-2 3055, is hereby amended to read as follows:
119-3 Sec. 6. The amendatory provisions of this act expire by
119-4 limitation on October 1, 2001, if on that date the department of motor
119-5 vehicles [and public safety] has received fewer than 250 applications
119-6 for the issuance of a license plate pursuant to section 1 of this act.
119-7 Sec. 230. Section 6 of chapter 64, Statutes of Nevada 1999, at page
119-8 159, is hereby amended to read as follows:
119-9 Sec. 6. The amendatory provisions of sections 1, 2 and 3 of this
119-10 act expire by limitation on October 1, 2003, if on that date the
119-11 department of motor vehicles [and public safety] has received less
119-12 than 250 applications for the issuance of license plates pursuant to the
119-13 provisions of section 1 of this act.
119-14 Sec. 231. Section 2 of chapter 224, Statutes of Nevada 1999, at page
119-15 990, is hereby amended to read as follows:
119-16 Sec. 2. As used in this chapter, “department” means the
119-17 department of motor vehicles.
119-18 Sec. 232. Section 52 of chapter 224, Statutes of Nevada 1999, at page
119-19 1003, is hereby amended to read as follows:
119-20 Sec. 52. “Department” means the department of motor vehicles.
119-21 Sec. 233. Section 101 of chapter 224, Statutes of Nevada 1999, at
119-22 page 1021, is hereby amended to read as follows:
119-23 Sec. 101. Chapter 373 of NRS is hereby amended by adding
119-24 thereto a new section to read as follows:
119-25 “Department” means the department of motor vehicles.
119-26 Sec. 234. Section 106 of chapter 224, Statutes of Nevada 1999, at
119-27 page 1022, is hereby amended to read as follows:
119-28 Sec. 106. NRS 590.120 is hereby amended to read as follows:
119-29 590.120 1. Every person, or any officer, agent or employee
119-30 thereof, shipping or transporting any [gasoline] motor vehicle fuel or
119-31 lubricating oil into this state for sale or consignment, or with intent to
119-32 sell or consign the same, shall pay to the department of [taxation]
119-33 motor vehicles an inspection fee of 0.055 of a cent per gallon for
119-34 every gallon of [gasoline] motor vehicle fuel or lubricating oil so
119-35 shipped or transported into the state, or that is held for sale within this
119-36 state. [Nothing in this section requires] This section does not require
119-37 the payment of an inspection fee on any shipment or consignment of
119-38 [gasoline] motor vehicle fuel or lubricating oil when [such] the
119-39 inspection fee has [already] been paid.
119-40 2. Of each inspection fee paid to the department of [taxation]
119-41 motor vehicles pursuant to this section, 0.005 of a cent per gallon
119-42 must be transferred quarterly to an account in the state general fund
119-43 for the state board of agriculture. The state board of agriculture shall
119-44 use all money transferred pursuant to this subsection to pay the
119-45 expenses incurred in enforcing the provisions of NRS 590.070.
119-46 3. On or before the [25th]last day of each calendar month, every
119-47 person, or any officer, agent or employee thereof, required to pay the
119-48 inspection fee [mentioned] described in subsection 1 shall send to the
119-49 department of [taxation] motor vehicles a correct report of the
120-1 [gasoline] motor vehicle fuel or oil volumes for the preceding month.
120-2 The report must include a list of distributors or retailers distributing or
120-3 selling the products and must be accompanied by the required fees.
120-4 4. Failure to send the report and remittance as specified in
120-5 subsections 1 and 3 is a violation of NRS 590.010 to 590.150,
120-6 inclusive, and is punishable as provided in NRS 590.150.
120-7 5. The provisions of this section must be carried out in the
120-8 manner prescribed in chapter 365 of NRS and sections 2 to 45,
120-9 inclusive, of this act.
120-10 Sec. 235. Section 107 of chapter 224, Statutes of Nevada 1999, at
120-11 page 1022, is hereby amended to read as follows:
120-12 Sec. 107. NRS 590.130 is hereby amended to read as follows:
120-13 590.130 Except as otherwise provided in subsection 2 of NRS
120-14 590.120, all inspection fees received by the department of [taxation]
120-15 motor vehicles must be deposited with the state treasurer for credit to
120-16 the state general fund, and all expenses incurred in carrying out the
120-17 provisions of NRS 590.010 to 590.150, inclusive, must be paid out of
120-18 funds provided by direct legislative appropriation.
120-19 Sec. 236. Section 108 of chapter 224, Statutes of Nevada 1999, at
120-20 page 1022, is hereby amended to read as follows:
120-21 Sec. 108. NRS 590.720 is hereby amended to read as follows:
120-22 590.720 “Department” means the department of [taxation.] motor
120-23 vehicles.
120-24 Sec. 237. Section 109 of chapter 224, Statutes of Nevada 1999, at
120-25 page 1022, is hereby amended to read as follows:
120-26 Sec. 109. NRS 590.840 is hereby amended to read as follows:
120-27 590.840 1. Except as otherwise provided in subsection [3,] 2,
120-28 the department shall collect for deposit in the fund a fee of 0.75 cent
120-29 for each gallon of motor vehicle fuel, diesel fuel of grade number 1,
120-30 diesel fuel of grade number 2 and heating oil imported into this state
120-31 in one of those forms or refined in this state. The fee imposed by this
120-32 section is in addition to the taxes imposed by chapters 365 and 366 of
120-33 NRS.
120-34 2. [The department of motor vehicles shall cooperate with the
120-35 department of taxation in ascertaining the amount of diesel fuel so
120-36 imported and the identity of each person liable for payment of the fee
120-37 upon it.
120-38 3.] The fee imposed by subsection 1 does not apply to motor
120-39 vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade
120-40 number 2 or heating oil that is:
120-41 (a) Imported or refined by the United States, its unincorporated
120-42 agencies and instrumentalities, or any incorporated agency or
120-43 instrumentality of the United States wholly owned by the United
120-44 States or by a corporation wholly owned by the United States;
120-45 (b) Exported from [the] this state;
120-46 (c) Imported or refined by railroad companies for use in
120-47 locomotive engines;
120-48 (d) Being transported through [the] this state in interstate
120-49 commerce; or
121-1 (e) Used as fuel for jet or turbine-powered aircraft.
121-2 [4.] 3. The fee is payable on or before the [25th] last day of each
121-3 calendar month for those products subject to the fee that are handled
121-4 during the preceding calendar month. The department shall prescribe
121-5 by regulation the manner of payment of the fee and for this purpose
121-6 may reasonably classify the persons liable for payment. The
121-7 department may, in collecting the fee, employ any administrative
121-8 power conferred upon it by chapter 365 of NRS[.
121-9 5.] or sections 2 to 45, inclusive, of this act.
121-10 4. The expenses incurred by the department in performing its
121-11 duties under NRS 590.700 to 590.920, inclusive, are a charge against
121-12 the fund.
121-13 Sec. 238. Section 8 of chapter 277, Statutes of Nevada 1999, at page
121-14 1168, is hereby amended to read as follows:
121-15 Sec. 8. 1. This section and sections 1 to 4, inclusive, 6 and 7 of
121-16 this act become effective on October 1, 1999.
121-17 2. Section 5 of this act becomes effective at 12:01 a.m. on
121-18 October 1, 1999.
121-19 3. The amendatory provisions of sections 2, 5 and 7 of this act
121-20 expire by limitation on October 1, 2003, if on that date the department
121-21 of motor vehicles [and public safety] has received fewer than 250
121-22 applications for the issuance of a license plate pursuant to section 2 of
121-23 this act.
121-24 4. The amendatory provisions of sections 3, 4 and 6 of this act
121-25 expire by limitation on October 1, 2003, if on that date the department
121-26 of motor vehicles [and public safety] has received fewer than 250
121-27 applications for the issuance of a license plate pursuant to section 3 of
121-28 this act.
121-29 Sec. 239. NRS 481.043, 481.0477, 481.085, 481.105, 481.115,
121-30 481.125, 481.130, 481.140, 481.147, 481.150, 481.155, 481.160, 481.180,
121-31 481.185, 481.195, 481.205, 481.215, 481.225, 481.230, 481.240, 481.2405,
121-32 481.241, 481.243, 481.245, 481.250, 481.260, 481.300, 481.310, 486.500,
121-33 486.510 and 486.520 are hereby repealed.
121-34 Sec. 240. 1. If the authority to appoint an officer or a member of a
121-35 board, commission or similar body is transferred pursuant to the provisions
121-36 of this act to another appointing authority, the officer or member remains
121-37 in office:
121-38 (a) If he serves a definite term of office, for the duration of that term
121-39 unless removed before that date in the manner authorized by law.
121-40 (b) If he serves at the pleasure of the appointing authority, until replaced
121-41 by the new appointing authority.
121-42 2. Any regulations adopted by an officer or agency whose name has
121-43 been changed or whose responsibilities have been transferred pursuant to
121-44 the provisions of this act to another officer or agency remain in force until
121-45 amended by the officer or agency to which the responsibility for the
121-46 adoption of the regulations is transferred. Such regulations may be
121-47 enforced by the officer or agency to which the responsibility for the
121-48 enforcement of the regulations is transferred.
122-1 3. Any contract or other agreement entered into by an officer or
122-2 agency whose name is changed or whose responsibility for the
122-3 administration of the provisions of the contract or other agreement is
122-4 transferred pursuant to the provisions of this act to another officer or
122-5 agency are binding upon the officer or agency to which the responsibility
122-6 for the administration of the provisions of the contract or other agreement
122-7 is transferred. Such contracts or other agreements may be enforced by the
122-8 officer or agency to which the responsibility for the administration of the
122-9 provisions of the contract or other agreement is transferred.
122-10 Sec. 241. 1. This section, sections 1 to 41, inclusive, 43 to 223,
122-11 inclusive, 225 to 240, inclusive, and 242 of this act become effective upon
122-12 passage and approval for the purpose of authorizing any preliminary
122-13 activities necessary to ensure that the provisions of this act are carried out
122-14 in an orderly fashion and on July 1, 2001, for all other purposes.
122-15 2. Sections 42 and 224 of this act become effective on January 1, 2002.
122-16 Sec. 242. 1. The legislative counsel shall, in preparing the reprint
122-17 and supplements to the Nevada Revised Statutes, with respect to any
122-18 section which is not amended by this act or is adopted or amended by
122-19 another act, appropriately change any reference to an officer or agency
122-20 whose name is changed or whose responsibilities have been transferred
122-21 pursuant to the provisions of this act to refer to the appropriate officer of
122-22 agency. If any internal reference is made to a section repealed by this act,
122-23 the legislative counsel shall delete the reference and replace it by reference
122-24 to the superseding section, if any.
122-25 2. The legislative counsel shall, in preparing supplements to the
122-26 Nevada Administrative Code, appropriately change any reference to an
122-27 officer or agency whose name is changed or whose responsibilities have
122-28 been transferred pursuant to the provisions of this act to refer to the
122-29 appropriate officer of agency. If any internal reference is made to a section
122-30 repealed by this act, the legislative counsel shall delete the reference and
122-31 replace it by reference to the superseding section, if any.
122-32 3. Any reference in a bill or resolution passed by the 71st session of
122-33 the Nevada legislature to an officer or agency whose name is changed or
122-34 whose responsibilities have been transferred pursuant to the provisions of
122-35 this act to another officer or agency shall be deemed to refer to the officer
122-36 or agency to which the responsibility is transferred.
122-37 LEADLINES OF REPEALED SECTIONS
122-38 481.043 Removal of director; vacancies.
122-39 481.0477 Motor vehicles branch: Composition; duties of deputy
122-40 director.
122-41 481.085 Deposit of money collected or received by certain
122-42 divisions.
122-43 481.105 “Public safety telecommunications operator” defined.
122-44 481.115 Creation; composition; terms of members; compensation.
123-1 481.125 Duties; regulations.
123-2 481.130 Creation.
123-3 481.140 Composition.
123-4 481.147 Payment for cadet attending authorized training
123-5 academy and provided with free room and board prohibited.
123-6 481.150 Powers and duties of chief; appointment of personnel to
123-7 protect life and property and enforce state law.
123-8 481.155 Contracts to provide services for control of vehicular
123-9 traffic in connection with special events.
123-10 481.160 Qualifications of personnel.
123-11 481.180 Duties of personnel.
123-12 481.185 Definitions.
123-13 481.195 “Investigation division” defined.
123-14 481.205 “Off-road vehicle” defined.
123-15 481.215 “Special mobile equipment” defined.
123-16 481.225 “Vehicle” defined.
123-17 481.230 Chief; investigators and agents.
123-18 481.240 Duties of chief.
123-19 481.2405 Additional duties of chief concerning theft and fraud
123-20 related to vehicles.
123-21 481.241 Chief authorized to enter into agreement with state or
123-22 local law enforcement agencies to carry out duties of division;
123-23 exceptions; powers and responsibilities of peace officer pursuant to
123-24 agreement.
123-25 481.243 Appointment of persons with special skills or training as
123-26 investigators; power of appointed persons.
123-27 481.245 Dental examination of unidentifiable dead body;
123-28 procedures following report of person as missing.
123-29 481.250 Sheriff and chief of police to furnish information
123-30 obtained in investigation or prosecution connected with controlled
123-31 substances, dangerous drugs or theft of vehicles.
123-32 481.260 Money to purchase evidence.
123-33 481.300 Report of accident to be furnished upon request of
123-34 person claiming to have sustained damages.
123-35 481.310 Investigations involving theft of motor vehicles:
123-36 Authorized inspections.
123-37 486.500 Educational program concerning bicycle safety.
123-38 486.510 Nevada bicycle advisory board: Creation; appointment
123-39 of members; terms; compensation.
123-40 486.520 Nevada bicycle advisory board: Duties; application for
123-41 grants; assistance from department of transportation.
123-42 H