(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 and removes limitation on costs of administration payable from state highway fund for collection of proceeds of certain fees and charges relating to operation of motor vehicles. (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.

 

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; removing the limitation on the costs of administration payable from the state highway fund for the collection of the proceeds of certain fees and charges relating to the operation of motor vehicles; 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;

2-1    4.  Chapter 459 of NRS relating to the transportation of hazardous

2-2  materials; and

2-3    5.  Chapter 477 of NRS relating to the state fire marshal.

2-4    Sec. 5.  1.  The office of director is hereby created within the

2-5  department of public safety.

2-6    2.  The director of the department:

2-7    (a) Is appointed by and serves at the pleasure of the governor;

2-8    (b) Must be appointed with special reference to his training,

2-9  experience, capacity and interest in the field of administration or the

2-10  administering of laws relating to public safety;

2-11    (c) Is in the unclassified service of the state; and

2-12    (d) Shall devote his entire time and attention to the business of his

2-13  office and shall not pursue any other business or occupation or hold any

2-14  other office of profit.

2-15    3.  The director may, within the limits of legislative appropriations,

2-16  employ such deputy directors as may be needed for the administration of

2-17  the department. A deputy director:

2-18    (a) Serves at the pleasure of the director;

2-19    (b) Must be appointed with special reference to his training,

2-20  experience, capacity and interest in the field of administration or the

2-21  administering of laws relating to public safety;

2-22    (c) Is in the unclassified service of the state; and

2-23    (d) Except as otherwise provided in NRS 284.143, shall devote his

2-24  entire time and attention to the business of his office and shall not

2-25  pursue any other business or occupation or hold any other office of

2-26  profit.

2-27    4.  The director shall appoint such technical, clerical and operational

2-28  staff as the execution of his duties and the operation of the department

2-29  may require.

2-30    Sec. 6.  The department consists of:

2-31    1.  An administrative services division;

2-32    2.  An investigation division;

2-33    3.  A Nevada highway patrol division;

2-34    4.  A division of emergency management;

2-35    5.  A state fire marshal division;

2-36    6.  A division of parole and probation;

2-37    7.  A capitol police division; and

2-38    8.  A training division.

2-39    Sec. 7.  The primary functions and responsibilities of the divisions of

2-40  the department are as follows:

2-41    1.  The administrative services division shall furnish fiscal,

2-42  accounting and other administrative services to the director and the

2-43  various divisions, and advise and assist the director and the various

2-44  divisions in carrying out their functions and responsibilities.

2-45    2.  The investigation division shall:

2-46    (a) Execute, administer and enforce the provisions of chapter 453 of

2-47  NRS relating to controlled substances and chapter 454 of NRS relating to

2-48  dangerous drugs;

3-1    (b) Assist the secretary of state in carrying out an investigation

3-2  pursuant to NRS 293.124; and

3-3    (c) Perform such duties and exercise such powers as may be conferred

3-4  upon it pursuant to this chapter and any other specific statute.

3-5    3.  The Nevada highway patrol division shall, in conjunction with the

3-6  department of motor vehicles, execute, administer and enforce the

3-7  provisions of chapter 484 of NRS and perform such duties and exercise

3-8  such powers as may be conferred upon it pursuant to section 20 of this

3-9  act and any other specific statute.

3-10    4.  The division of emergency management shall execute, administer

3-11  and enforce the provisions of chapter 414 of NRS and perform such

3-12  duties and exercise such powers as may be conferred upon it pursuant to

3-13  chapter 414 of NRS and any other specific statute.

3-14    5.  The state fire marshal division shall execute, administer and

3-15  enforce the provisions of chapter 477 of NRS and perform such duties

3-16  and exercise such powers as may be conferred upon it pursuant to

3-17  chapter 477 of NRS and any other specific statute.

3-18    6.  The division of parole and probation shall execute, administer and

3-19  enforce the provisions of chapters 176A and 213 of NRS relating to

3-20  parole and probation and perform such duties and exercise such powers

3-21  as may be conferred upon it pursuant to those chapters and any other

3-22  specific statute.

3-23    7.  The capitol police division shall assist the chief of the buildings

3-24  and grounds division of the department of administration in the

3-25  enforcement of subsection 1 of NRS 331.140.

3-26    8.  The training division shall provide training to the employees of the

3-27  department.

3-28    Sec. 8.  1.  The director shall:

3-29    (a) Direct and supervise all administrative and technical activities of

3-30  the department.

3-31    (b) Formulate the policies of the department and the various divisions

3-32  thereof.

3-33    (c) Coordinate the activities of the various divisions of the department.

3-34    (d) Adopt such regulations as he deems necessary for the operation of

3-35  the department and the enforcement of all laws administered by the

3-36  department.

3-37    2.  The director may delegate to the officers and employees of the

3-38  department such authorities and responsibilities not otherwise delegated

3-39  by a specific statute as he deems necessary for the efficient conduct of the

3-40  business of the department.

3-41    Sec. 9.  1.  The department shall keep its main office at Carson City,

3-42  Nevada, in rooms provided by the buildings and grounds division of the

3-43  department of administration.

3-44    2.  The department may maintain such branch offices throughout the

3-45  state as the director deems necessary for the efficient operation of the

3-46  department and the various divisions thereof. The director may enter into

3-47  such leases or other agreements as may be necessary to establish such

3-48  branch offices.

 

4-1    Sec. 10.  Money collected or received by:

4-2    1.  The division of emergency management pursuant to chapter 414

4-3  of NRS; or

4-4    2.  The state fire marshal division pursuant to chapter 477 of

4-5  NRS,

4-6  must be deposited with the state treasurer for credit to the appropriate

4-7  accounts of the respective divisions.

4-8    Sec. 11.  As used in this section and sections 12 and 13 of this act,

4-9  “public safety telecommunications operator” means a person who

4-10  operates a telecommunications system for emergencies and public safety.

4-11    Sec. 12.  1.  The committee for public safety telecommunications

4-12  operators is hereby created in the department.

4-13    2.  The governor shall appoint to the committee nine members who

4-14  possess knowledge, skill and experience in the fields of law enforcement,

4-15  fire service, public safety telecommunications or highway safety as

4-16  follows:

4-17    (a) Two members from the field of law enforcement;

4-18    (b) Two members from the field of fire service;

4-19    (c) Two members from the field of public safety telecommunications;

4-20    (d) One member who is a dispatcher in the field of highway safety;

4-21    (e) One member who represents a community college; and

4-22    (f) One member from any field set forth in paragraph (a), (b), (c)

4-23  or (d).

4-24    3.  Members serve terms of 2 years after the date of appointment.

4-25    4.  Members serve without compensation but are entitled to the per

4-26  diem allowance and travel expenses provided for state officers and

4-27  employees generally.

4-28    Sec. 13.  1.  The committee for public safety telecommunications

4-29  operators shall:

4-30    (a) Elect a chairman from its members;

4-31    (b) Meet at the call of the chairman;

4-32    (c) Provide for and encourage the training and education of public

4-33  safety telecommunications operators; and

4-34    (d) Adopt minimum standards for the certification and training of

4-35  public safety telecommunications operators.

4-36    2.  The director may adopt regulations necessary for the operation of

4-37  the committee.

4-38    Sec. 14.  There is hereby created within the department a division to

4-39  be known as the Nevada highway patrol.

4-40    Sec. 15.  The Nevada highway patrol is composed of the following

4-41  personnel appointed by the director:

4-42    1.  One chief; and

4-43    2.  Such number of inspectors, supervisors, troopers and commercial

4-44  officers as the director determines necessary to perform the duties set

4-45  forth in section 20 of this act, within the limits of legislative

4-46  appropriations therefor.

4-47    Sec. 16.  The Nevada highway patrol shall not authorize any

4-48  payment to a cadet for holding himself ready for duty if the cadet is

5-1  attending an authorized training academy for which room and board is

5-2  provided at no cost to the cadet.

5-3    Sec. 17.  1.  The chief of the Nevada highway patrol is the chief

5-4  officer of the Nevada highway patrol and has the powers and duties

5-5  provided in section 20 of this act, which must be performed under the

5-6  direction and supervision of the director.

5-7    2.  When requested by the governor to preserve order, protect life or

5-8  property and enforce the laws of this state, the chief may appoint such

5-9  personnel of the Nevada highway patrol as may be necessary for that

5-10  purpose. The salaries and expenses of the personnel incidental to those

5-11  operations must be paid out of appropriations for the department from

5-12  the state general fund.

5-13    Sec. 18.  1.  Except as otherwise provided in this section, the chief

5-14  of the Nevada highway patrol may enter into a contract with any person

5-15  or governmental agency to provide services for the control of vehicular

5-16  traffic related to or affected by any special event sponsored by the person

5-17  or agency.

5-18    2.  Any such contract:

5-19    (a) Must require the sponsor of the special event to reimburse the

5-20  Nevada highway patrol for the cost of the services provided.

5-21    (b) May require the sponsor to furnish a bond to ensure that

5-22  reimbursement is made.

5-23    (c) Is subject to the following limitations:

5-24      (1) The services provided pursuant to the contract must be provided

5-25  by personnel of the Nevada highway patrol.

5-26      (2) The services required must not impair the ability of the Nevada

5-27  highway patrol to perform its customary duties.

5-28    3.  Any money received by the Nevada highway patrol pursuant to

5-29  such a contract must be deposited with the state treasurer for credit to the

5-30  motor vehicle fund.

5-31    4.  As used in this section, “special event” has the meaning ascribed

5-32  to it in NRS 484.900.

5-33    Sec. 19.  Personnel appointed for duty in the Nevada highway patrol

5-34  must:

5-35    1.  Be persons qualified at the time of their appointment with the

5-36  knowledge of all traffic laws of this state and the provisions of chapters

5-37  482, 483 and 706 of NRS.

5-38    2.  Be versed in all laws relating to the powers of police officers as to

5-39  traffic law violations and other offenses committed over and along the

5-40  highways of this state.

5-41    Sec. 20.  The duties of the personnel of the Nevada highway patrol

5-42  are:

5-43    1.  To police the public highways of this state, to enforce and to aid in

5-44  enforcing thereon all the traffic laws of the State of Nevada and to

5-45  enforce all other laws of this state when:

5-46    (a) In the apprehension or pursuit of an offender or suspected

5-47  offender;

5-48    (b) Making arrests for crimes committed in their presence or upon or

5-49  adjacent to the highways of this state; or

6-1    (c) Making arrests pursuant to a warrant in the officer’s possession or

6-2  communicated to him.

6-3    2.  To investigate accidents on all primary and secondary highways

6-4  within the State of Nevada resulting in personal injury, property damage

6-5  or death, and to gather evidence to prosecute any person guilty of any

6-6  violation of the law contributing to the happening of such an accident.

6-7    3.  In conjunction with the department of motor vehicles, to enforce

6-8  the provisions of chapters 366, 408, 482 to 486, inclusive, 487 and 706 of

6-9  NRS.

6-10    4.  To maintain the central repository for Nevada records of criminal

6-11  history and to carry out the provisions of chapter 179A of NRS.

6-12    5.  To enforce the provisions of laws and regulations relating to

6-13  motor carriers, the safety of their vehicles and equipment, and their

6-14  transportation of hazardous materials and other cargo.

6-15    6.  To maintain the repository for information concerning hazardous

6-16  materials in Nevada and to carry out its duties pursuant to chapter 459 of

6-17  NRS concerning the transportation of hazardous materials.

6-18    7.  To perform such other duties in connection with those specified in

6-19  this section as may be imposed by the director.

6-20    Sec. 21.  As used in sections 21 to 33, inclusive, of this act, unless the

6-21  context otherwise requires, the words and terms defined in sections 22 to

6-22  25, inclusive, of this act, have the meanings ascribed to them in those

6-23  sections.

6-24    Sec. 22.  “Investigation division” means the investigation division of

6-25  the department.

6-26    Sec. 23.  “Off-road vehicle” means a vehicle which is intended for

6-27  recreational or industrial use and which is not intended or designed for

6-28  use on a public highway.

6-29    Sec. 24.  “Special mobile equipment” has the meaning ascribed to it

6-30  in NRS 482.123.

6-31    Sec. 25.  “Vehicle” has the meaning ascribed to it in NRS 482.135.

6-32    Sec. 26.  The investigation division is composed of:

6-33    1.  A chief appointed by the director; and

6-34    2.  Within the limits of legislative appropriations, a number of

6-35  investigators and agents which the director determines to be sufficient to

6-36  carry out the duties of the division, who are employed in the classified

6-37  service of the state.

6-38    Sec. 27.  The chief of the investigation division shall:

6-39    1.  Furnish services relating to the investigation of crimes, including

6-40  interrogation with the use of polygraph instruments, upon the request of

6-41  the attorney general or any sheriff, chief of police or district attorney.

6-42    2.  Disseminate information relating to the dangers of the use of

6-43  controlled substances and dangerous drugs.

6-44    3.  Provide and operate a system of recording all information received

6-45  by the division relating to persons who have alleged connections with

6-46  organized crime or have some connection with violations of laws

6-47  regulating controlled substances or dangerous drugs.

7-1    4.  Arrange for the purchase of controlled substances and dangerous

7-2  drugs when such a purchase is necessary in an investigation of offenses

7-3  relating to controlled substances and dangerous drugs.

7-4    5.  Procure from law enforcement agencies and other reliable sources

7-5  information relating to violators of laws which govern controlled

7-6  substances and dangerous drugs, including information about their

7-7  character, probable motives, circumstances of arrest, methods of

7-8  operation and other pertinent information.

7-9    6.  Enforce the provisions of chapter 453 of NRS.

7-10    7.  Maintain the records and other information forwarded to the

7-11  division to assist in locating missing persons or identifying dead bodies.

7-12    8.  Furnish information relating to any person of whom he maintains

7-13  a record to any law enforcement agency.

7-14    9.  Assist the secretary of state in carrying out an investigation

7-15  pursuant to NRS 293.124.

7-16    Sec. 28.  1.  The chief of the investigation division shall:

7-17    (a) Investigate and enforce the provisions of law relating to theft and

7-18  fraud in matters concerning vehicles, including special mobile equipment

7-19  and off-road vehicles.

7-20    (b) Procure from law enforcement agencies and other reliable sources

7-21  information relating to violators of laws that govern theft and fraud

7-22  relating to vehicles, including special mobile equipment and off-road

7-23  vehicles. The information may concern the character of the violators,

7-24  their probable motives, the circumstances of their arrests and their

7-25  methods of operation, and may include any other pertinent information.

7-26    (c) Establish and conduct proactive law enforcement programs

7-27  intended to reduce the incidence of commercial theft and fraud related to

7-28  vehicles.

7-29    2.  To carry out the provisions of this section, the chief of the

7-30  investigation division may:

7-31    (a) Accept gifts and grants of money from any person or

7-32  governmental agency; and

7-33    (b) Employ or contract with persons to provide professional or

7-34  technical assistance to the division, payable from the money accepted

7-35  pursuant to this section.

7-36    3.  Money accepted by the chief pursuant to this section must be

7-37  accounted for separately in the state general fund and is hereby

7-38  authorized for expenditure to:

7-39    (a) Pay the cost of carrying out the duties of the chief set forth in this

7-40  section.

7-41    (b) Conduct educational programs to provide information to owners

7-42  of vehicles, including special mobile equipment and off-road vehicles,

7-43  concerning the prevention and reduction of commercial theft and fraud

7-44  related to vehicles.

7-45    (c) Provide such equipment as the chief determines is necessary to test

7-46  methods of preventing or reducing commercial theft and fraud related to

7-47  vehicles.

8-1    4.  As used in this section, “commercial theft” means the theft of

8-2  vehicles, including special mobile equipment and off-road vehicles, for

8-3  financial gain.

8-4    Sec. 29.  The chief of the investigation division may enter into

8-5  agreements with any state or local law enforcement agency in this state

8-6  or in any other state to carry out the duties of the division. A peace

8-7  officer, while carrying out the duties of the investigation division

8-8  pursuant to such an agreement, has the same powers and responsibilities

8-9  as an investigator of the investigation division.

8-10    Sec. 30.  1.  If circumstances require the appointment of persons

8-11  with special skills or training, the chief of the investigation division may

8-12  appoint persons as investigators who have those special skills or training

8-13  and have completed the requirements for the training of a category I

8-14  peace officer. A person appointed as an investigator has the powers of a

8-15  peace officer while carrying out the duties assigned to him by the chief or

8-16  a person designated by the chief.

8-17    2.  As used in this section, “category I peace officer” has the meaning

8-18  ascribed to it in NRS 432B.610.

8-19    Sec. 31.  1.  When a coroner is unable to establish the identity of a

8-20  dead body by means other than by dental records, he shall have a dental

8-21  examination of the body made by a dentist. The dentist shall prepare a

8-22  record of his findings and forward it to the investigation division and to

8-23  the central repository for Nevada records of criminal history.

8-24    2.  Each sheriff, chief of police or other law enforcement agency

8-25  which receives a report of a person missing under suspicious

8-26  circumstances who is 18 years or older shall:

8-27    (a) Transmit to the investigation division and to the central repository

8-28  for Nevada records of criminal history:

8-29      (1) The initial report that contains identifying information

8-30  concerning the missing person within 72 hours after the receipt of that

8-31  report; and

8-32      (2) Any subsequent report concerning the missing person within 5

8-33  working days after the receipt of that report if the report contains

8-34  additional identifying information concerning the missing person;

8-35    (b) Notify immediately such persons and make inquiries concerning

8-36  the missing person as the agency deems necessary; and

8-37    (c) Enter the information concerning the missing person into the

8-38  computer for the National Crime Information Center and the central

8-39  repository for Nevada records of criminal history, if appropriate.

8-40    3.  The sheriff, chief of police or other law enforcement agency shall

8-41  request the written consent of the next of kin or guardian of a person

8-42  who has been reported to him as missing for 30 days or more to obtain

8-43  certain identifying information about the missing person that the

8-44  National Crime Information Center recommends be provided from the

8-45  appropriate providers of medical care. After receiving the written

8-46  consent, the sheriff, chief of police or other law enforcement agency

8-47  shall obtain the identifying information from the providers of medical

8-48  care and forward that information and any other relevant information to

8-49  the investigation division and to the central repository for Nevada

9-1  records of criminal history for comparison with the identifying

9-2  information that is on file concerning unidentified deceased persons.

9-3  This subsection does not prevent the voluntary release of identifying

9-4  information about the missing person by the next of kin or guardian of

9-5  the missing person at any time.

9-6    4.  The next of kin or guardian of the person reported as missing

9-7  shall promptly notify the appropriate law enforcement agency when the

9-8  missing person is found.

9-9    5.  The sheriff, chief of police or other law enforcement agency shall

9-10  inform the investigation division, the central repository for Nevada

9-11  records of criminal history and the National Crime Information Center

9-12  when a missing person has been found.

9-13    6.  The investigation division and the central repository for Nevada

9-14  records of criminal history shall:

9-15    (a) Maintain the records and other information forwarded to them

9-16  pursuant to subsections 1, 2 and 3 for the purpose of comparing the

9-17  records and otherwise assisting in the identification of dead bodies; and

9-18    (b) Upon request, provide the records and other information that are

9-19  maintained pursuant to this subsection to the state disaster identification

9-20  team of the division of emergency management of the department.

9-21    Sec. 32.  Each sheriff and chief of police shall furnish to the

9-22  investigation division, on forms approved by the division, all information

9-23  obtained in an investigation or a prosecution of any person who has been

9-24  alleged to have violated any criminal law of this state if in the

9-25  investigation of the violation it appears that there is some connection

9-26  with:

9-27    1.  Controlled substances or dangerous drugs; or

9-28    2.  The theft of vehicles, including special mobile equipment or off-

9-29  road vehicles.

9-30    Sec. 33.  1.  The director may, as he determines necessary, to assist

9-31  local law enforcement agencies or the investigation division in the

9-32  purchase of evidence and in employing persons other than peace officers

9-33  to obtain evidence, expend money appropriated for such a purpose.

9-34    2.  Upon receiving a written request from the director for money

9-35  appropriated pursuant to this section, the state controller shall draw his

9-36  warrant, payable to the director, in an amount which does not exceed any

9-37  limit set by the legislature in the appropriation.

9-38    3.  The director may keep money which he has drawn pursuant to this

9-39  section in accounts in one or more banks or credit unions or in cash.

9-40    Sec. 34.  The Nevada highway patrol and the investigation division

9-41  shall, at the request of a person who claims to have sustained damages as

9-42  a result of an accident, and upon receipt of a reasonable fee to cover the

9-43  cost of reproduction, provide the person or his legal representative with a

9-44  copy of the accident report and all statements by witnesses and

9-45  photographs in the possession or under the control of the highway patrol

9-46  or investigation division that concern the accident, unless the materials

9-47  are privileged or confidential pursuant to a specific statute.

9-48    Sec. 35.  1.  For the purpose of locating stolen vehicles, except as

9-49  otherwise provided in subsection 3, an employee of the department or a

10-1  local law enforcement agency whose primary responsibility is to conduct

10-2  investigations involving the theft of motor vehicles, may inspect:

10-3    (a) The identification numbers of a vehicle that is on the highway or

10-4  in any garage, repair shop, terminal, parking facility, establishment

10-5  where new or used vehicles or equipment for vehicles are sold, leased or

10-6  rented, vehicle salvage pool or any other similar establishment, or any

10-7  commercial location where agricultural or construction work is being

10-8  actively performed; and

10-9    (b) The title or registration of a vehicle described in paragraph (a) to

10-10  determine the rightful ownership or possession of the vehicle or an

10-11  identifiable component part.

10-12  2.  Whenever possible, a person who conducts an inspection pursuant

10-13  to this section shall conduct the inspection during normal business hours

10-14  and in such a manner as to minimize any interference with or delay of

10-15  the business operations of the establishment where the inspection takes

10-16  place.

10-17  3.  A person may not conduct an inspection pursuant to this section

10-18  of a terminal that is privately owned or a parking facility that is privately

10-19  owned unless, before conducting the inspection, the person obtains

10-20  permission to conduct the inspection from:

10-21  (a) The owner of the terminal or parking facility; or

10-22  (b) An agent or representative of the owner who has been authorized

10-23  by the owner to grant permission to a person seeking to conduct an

10-24  inspection pursuant to this section.

10-25  4.  As used in this section:

10-26  (a) “Garage” has the meaning ascribed to it in NRS 487.540.

10-27  (b) “Identifiable component part” means a component of a motor

10-28  vehicle that may be distinguished from other similar components by a

10-29  serial number or other distinguishing number, sign or mark.

10-30  (c) “Local law enforcement agency” means:

10-31     (1) The sheriff’s office of a county;

10-32     (2) A metropolitan police department; or

10-33     (3) A police department of an incorporated city.

10-34  (d) “Parking facility” means a parking deck, parking garage, parking

10-35  structure or paved or unpaved parking lot that members of the public

10-36  regularly enter, are reasonably likely to enter, or are invited or permitted

10-37  to enter as invitees or licensees.

10-38  (e) “Terminal” means a terminal that members of the public regularly

10-39  enter, are reasonably likely to enter, or are invited or permitted to enter

10-40  as invitees or licensees.

10-41  (f) “Vehicle” has the meaning ascribed to it in NRS 482.135.

10-42  Sec. 36.  1.  The department shall develop an educational program

10-43  concerning bicycle safety which must be:

10-44  (a) Suitable for children and adults; and

10-45  (b) Developed by a person who is trained in the techniques of bicycle

10-46  safety.

10-47  2.  The program must be designed to:

10-48  (a) Aid bicyclists in improving their riding skills;

11-1    (b) Inform bicyclists of applicable traffic laws and encourage

11-2  observance of those laws; and

11-3    (c) Promote bicycle safety.

11-4    Sec. 37.  1.  The Nevada bicycle advisory board, consisting of 14

11-5  members appointed by the governor, is hereby created.

11-6    2.  The governor shall appoint to the board:

11-7    (a) Seven members who reside in various geographical areas of this

11-8  state, of which:

11-9      (1) One member must be less than 21 years of age at the time of his

11-10  appointment.

11-11     (2) One member must be representative of an organization in this

11-12  state interested in environmental issues.

11-13     (3) One member must be representative of an organization in this

11-14  state interested in the promotion of bicycling.

11-15     (4) One member must be representative of an organization in this

11-16  state involved in training persons in the safe use of bicycles.

11-17     (5) One member must own or manage a business for the sale or

11-18  repair of bicycles.

11-19     (6) Two members must be representative of the public at large.

11-20  (b) One member who is a representative of the department of

11-21  education.

11-22  (c) One member who is a representative of the division of

11-23  environmental protection of the state department of conservation and

11-24  natural resources.

11-25  (d) One member who is a representative of the division of state parks

11-26  of the state department of conservation and natural resources.

11-27  (e) One member who is a representative of the health division of the

11-28  department of human resources.

11-29  (f) One member who is a representative of the planning division of the

11-30  department of transportation.

11-31  (g) One member who is a representative of the department of public

11-32  safety.

11-33  (h) One member who is a representative of the commission on

11-34  tourism.

11-35  3.  After the initial terms, the term of each member of the board

11-36  appointed pursuant to paragraph (a) of subsection 2 is 2 years. The

11-37  remaining members serve at the pleasure of the governor.

11-38  4.  Members of the board must serve in that capacity without

11-39  compensation, except that necessary travel and per diem expenses may be

11-40  reimbursed, not to exceed the amounts provided for state officers and

11-41  employees generally, to the extent that money is made available for that

11-42  purpose.

11-43  Sec. 38.  1.  The Nevada bicycle advisory board shall:

11-44  (a) At its first meeting and annually thereafter elect a chairman from

11-45  among its members.

11-46  (b) Meet regularly at least once each calendar quarter and may meet

11-47  at other times upon the call of the chairman.

11-48  (c) Promote programs and facilities for the safe use of bicycles in this

11-49  state.

12-1    (d) Advise appropriate agencies of the state on policies, programs and

12-2  facilities for the safe use of bicycles.

12-3    2.  The board may apply for any available grants and accept and use

12-4  any gifts, grants or donations to aid the board in carrying out its duties.

12-5    3.  The department of transportation shall provide secretarial services

12-6  to the board.

12-7    Sec. 39.  NRS 481.015 is hereby amended to read as follows:

12-8    481.015  [As] Except as otherwise provided in sections 2 to 38,

12-9  inclusive, of this act and chapter 486A of NRS, as used in this Title,

12-10  unless the context otherwise requires:

12-11  1.  “Department” means the department of motor vehicles . [and public

12-12  safety.]

12-13  2.  “Director” means the director of the department of motor vehicles .

12-14  [and public safety.]

12-15  Sec. 40.  NRS 481.019 is hereby amended to read as follows:

12-16  481.019  1.  The department of motor vehicles [and public safety] is

12-17  hereby created.

12-18  2.  The department is vested with the powers and authority provided in

12-19  this chapter and shall carry out the purposes of this chapter.

12-20  Sec. 41.  NRS 481.023 is hereby amended to read as follows:

12-21  481.023  1.  Except as otherwise provided therein, the department

12-22  shall execute, administer and enforce, and perform the functions and duties

12-23  provided in:

12-24  [1.  Title 43 of NRS relating to vehicles.

12-25  2.] (a) Chapter 108 of NRS, and perform such duties and exercise

12-26  such powers relating to liens on vehicles as may be conferred upon it

12-27  pursuant to chapter 108 of NRS or the provisions of any other law.

12-28  (b) Chapters 366 and 371 of NRS, relating to the imposition and

12-29  collection of taxes on motor fuels.

12-30  (c) Chapters 481, 482 to 486, inclusive, and 487 of NRS, relating to

12-31  motor vehicles.

12-32  (d) Chapter 706 of NRS relating to licensing of motor vehicle carriers

12-33  and the use of public highways by those carriers.

12-34  [3.  Chapter 366 of NRS relating to imposition and collection of taxes

12-35  on special fuels used for motor vehicles.

12-36  4.  Chapter 453 of NRS relating to controlled substances and chapter

12-37  454 of NRS relating to dangerous drugs.

12-38  5.  Chapter 459 of NRS relating to the transportation of hazardous

12-39  materials.

12-40  6.  Chapter 414 of NRS relating to emergency management.

12-41  7.  Chapter 477 of NRS relating to the state fire marshal.

12-42  8.  Chapters 176A and 213 of NRS relating to parole and probation.

12-43  9.] (e) The provisions of NRS 426.401 to 426.461, inclusive.

12-44  2.  The department shall perform such other duties and exercise such

12-45  other powers as may be conferred upon the department.

12-46  Sec. 42.  NRS 481.023 is hereby amended to read as follows:

12-47  481.023  1.  Except as otherwise provided therein, the department

12-48  shall execute, administer and enforce, and perform the functions and duties

12-49  provided in:

13-1    (a) Chapter 108 of NRS, and perform such duties and exercise such

13-2  powers relating to liens on vehicles as may be conferred upon it pursuant to

13-3  chapter 108 of NRS or the provisions of any other law.

13-4    (b) Chapters 360A, 365, 366 , [and] 371 and 373 of NRS, relating to the

13-5  imposition and collection of taxes on motor fuels.

13-6    (c) Chapters 481, 482 to 486, inclusive, and 487 of NRS, relating to

13-7  motor vehicles.

13-8    (d) Chapter 706 of NRS relating to licensing of motor vehicle carriers

13-9  and the use of public highways by those carriers.

13-10  (e) The provisions of NRS 426.401 to 426.461, inclusive.

13-11  2.  The department shall perform such other duties and exercise such

13-12  other powers as may be conferred upon the department.

13-13  Sec. 43.  NRS 481.027 is hereby amended to read as follows:

13-14  481.027  [1.] The department of motor vehicles [and public safety]

13-15  shall control the manner and type of use of the state highways by the

13-16  public, and the department of transportation shall control the physical

13-17  aspects of the state highways.

13-18  [2.  The functions of the department of motor vehicles and public safety

13-19  concerning highway safety must not be duplicated by any other agency,

13-20  department, commission or officer of the State of Nevada.]

13-21  Sec. 44.  NRS 481.031 is hereby amended to read as follows:

13-22  481.031  The office of director of the department of motor vehicles

13-23  [and public safety] is hereby created.

13-24  Sec. 45.  NRS 481.035 is hereby amended to read as follows:

13-25  481.035  1.  The director:

13-26  (a) Is appointed by and serves at the pleasure of the governor[. He

13-27  must be selected] ;

13-28  (b) Must be appointed with special reference to his training, experience,

13-29  capacity and interest in the field of administration or the administering of

13-30  laws relating to motor vehicles ; [and public safety.

13-31  (b) Is entitled to hold office for a term of 4 years from and after his

13-32  appointment or until his successor is appointed.]

13-33  (c) Is in the unclassified service of the state[.] ; and

13-34  (d) Shall devote his entire time and attention to the business of his

13-35  office and shall not pursue any other business or occupation or hold any

13-36  other office of profit.

13-37  2.  The director may , within the limits of legislative appropriations,

13-38  employ [two deputy directors, one responsible for the administration of the

13-39  laws relating to motor vehicles and one responsible for the administration

13-40  of the laws relating to public safety. Each deputy:] such deputy directors

13-41  as may be needed for the administration of the department. A deputy

13-42  director:

13-43  (a) Must be [selected] appointed with special reference to his training,

13-44  experience, capacity and interest in the field of [his responsibility.]

13-45  administration or the administering of laws relating to motor vehicles;

13-46  (b) Is in the unclassified service of the state ; [.]

13-47  (c) Except as otherwise provided in NRS 284.143, shall devote his

13-48  entire time and attention to the business of his office and shall not pursue

13-49  any other business or occupation or hold any other office of profit[.] ;

14-1    (d) Shall administer the laws relating to motor vehicles and the

14-2  licensing of drivers, as provided in NRS 481.0475, 481.048 and 481.0481;

14-3  and

14-4    (e) Shall maintain records and other information relating to motor

14-5  vehicles and the licensing of drivers, as provided in NRS 481.0475,

14-6  481.048 and 481.0481.

14-7    3.  The director may employ, within the limits of legislative

14-8  appropriations, such administrators, managers, specialists, investigators

14-9  and staff, who are employed in the classified service of the state, as the

14-10  director determines to be necessary to carry out the duties of the

14-11  department.

14-12  Sec. 46.  NRS 481.0473 is hereby amended to read as follows:

14-13  481.0473  [1.] The department consists of:

14-14  [(a) A motor vehicles branch that includes:

14-15     (1)] 1.  A division of the office of the director;

14-16  2.  A division of compliance enforcement[.

14-17     (2)] ;

14-18  3.  A division of field services[.

14-19     (3)] ;

14-20  4.  A division of central services and records[.

14-21     (4)] ;

14-22  5.  A division of management services and programs[.

14-23  (b) A public safety branch that includes:

14-24     (1) A Nevada highway patrol division.

14-25     (2) An administrative services division.

14-26     (3) An investigation division.

14-27     (4) A division of emergency management.

14-28     (5) A state fire marshal division.

14-29     (6) A division of parole and probation.

14-30     (7) A capitol police division.

14-31     (8) A training division.

14-32  (c) Such other branches or divisions as the director may from time to

14-33  time establish.

14-34  2.  Before he reorganizes the department, the director shall obtain the

14-35  approval of:

14-36  (a) The legislature, if it is in regular session; or

14-37  (b) The interim finance committee, if the legislature is not in regular

14-38  session.] ;

14-39  6.  A division of information technology; and

14-40  7.  An administrative services division.

14-41  Sec. 47.  NRS 481.0475 is hereby amended to read as follows:

14-42  481.0475  [1.  Any change in the organization of the department may

14-43  include the branches, divisions, functions and responsibilities described in

14-44  subsection 2 but must not include those described in paragraphs (d), (g)

14-45  and (h) of that subsection.

14-46  2.  Unless the organization of the department is changed by the

14-47  director, the primary functions and responsibilities of the specified

14-48  branches and divisions of the department are as follows:

14-49  (a) The motor vehicles branch shall:

15-1      (1) Execute, administer and enforce the provisions of chapter 482 of

15-2  NRS and perform such duties and exercise such powers as may be

15-3  conferred upon it pursuant to chapter 482 of NRS and the provisions of any

15-4  other laws;

15-5      (2) Execute and administer the laws relative to the licensing of motor

15-6  vehicle carriers and the use of public highways by those carriers as

15-7  contained in chapter 706 of NRS;

15-8      (3) Perform such duties and exercise such powers as may be

15-9  conferred upon it pursuant to chapter 706 of NRS;

15-10     (4) Execute and administer the provisions of chapter 366 of NRS,

15-11  relating to the imposition and collection of taxes on special fuels used for

15-12  motor vehicles;

15-13     (5) Perform such duties and exercise such powers as may be

15-14  conferred upon it pursuant to chapter 366 of NRS;

15-15     (6) Execute, administer and enforce the provisions of chapter 483 of

15-16  NRS and perform such duties and exercise such powers as may be

15-17  conferred upon it pursuant to chapter 483 of NRS;

15-18     (7) Execute, administer and enforce the provisions of chapter 485 of

15-19  NRS and perform such duties and exercise such powers as may be

15-20  conferred upon it pursuant to chapter 485 of NRS;

15-21     (8) Execute, administer and enforce the laws relating to the licensing

15-22  of drivers of motorcycles and similar vehicles in accordance with the

15-23  provisions of chapter 486 of NRS;

15-24     (9) Execute, administer and enforce the provisions of chapter 487 of

15-25  NRS and perform such duties and exercise such powers as may be

15-26  conferred upon it pursuant to chapter 487 of NRS; and

15-27     (10) Execute, administer and enforce the provisions of chapter 108 of

15-28  NRS and perform such duties and exercise such powers relating to liens on

15-29  vehicles as may be conferred upon it pursuant to chapter 108 of NRS or the

15-30  provisions of any other laws.

15-31  (b)] The administrative services division shall furnish fiscal, accounting

15-32  and other administrative services to the director and the various [branches

15-33  and] divisions, and advise and assist the director and the various [branches

15-34  and] divisions in carrying out their functions and responsibilities.

15-35  [(c) The investigation division shall:

15-36     (1) Execute, administer and enforce the provisions of chapter 453 of

15-37  NRS relating to controlled substances and chapter 454 of NRS relating to

15-38  dangerous drugs;

15-39     (2) Assist the secretary of state in carrying out an investigation

15-40  pursuant to NRS 293.124; and

15-41     (3) Perform such duties and exercise such powers as may be

15-42  conferred upon it pursuant to this chapter and any other laws.

15-43  (d) The Nevada highway patrol division shall execute, administer and

15-44  enforce the provisions of chapter 484 of NRS and perform such duties and

15-45  exercise such powers as may be conferred upon it pursuant to NRS

15-46  481.180 and the provisions of any other laws.

15-47  (e) The division of emergency management shall execute, administer

15-48  and enforce the provisions of chapter 414 of NRS and perform such duties

16-1  and exercise such powers as may be conferred upon it pursuant to chapter

16-2  414 of NRS and the provisions of any other laws.

16-3    (f) The state fire marshal division shall execute, administer and enforce

16-4  the provisions of chapter 477 of NRS and perform such duties and exercise

16-5  such powers as may be conferred upon it pursuant to chapter 477 of NRS

16-6  and the provisions of any other laws.

16-7    (g) The division of parole and probation shall execute, administer and

16-8  enforce the provisions of chapters 176A and 213 of NRS relating to parole

16-9  and probation and perform such duties and exercise such powers as may be

16-10  conferred upon it pursuant to those chapters and the provisions of any other

16-11  laws.

16-12  (h) The capitol police division shall assist the chief of the buildings and

16-13  grounds division of the department of administration in the enforcement of

16-14  subsection 1 of NRS 331.140.

16-15  (i) The training division shall provide training to the employees of the

16-16  department.]

16-17  Sec. 48.  NRS 481.048 is hereby amended to read as follows:

16-18  481.048  1.  [There is hereby created, within the motor vehicles

16-19  branch of the department, a division of compliance enforcement.

16-20  2.] The director shall appoint, within the limits of legislative

16-21  appropriations, investigators for the division[.

16-22  3.] of compliance enforcement.

16-23  2. The duties of the investigators are to travel the state and:

16-24  (a) Act as investigators in the enforcement of the provisions of chapters

16-25  482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to

16-26  108.500, inclusive, as those sections pertain to motor vehicles, trailers,

16-27  motorcycles, recreational vehicles and semitrailers, as defined in chapter

16-28  482 of NRS.

16-29  (b) Act as [adviser] advisers to dealers in connection with any problems

16-30  arising under the provisions of [that chapter.] chapter 482 of NRS.

16-31  (c) Cooperate with personnel of the Nevada highway patrol in the

16-32  enforcement of the motor vehicle laws as they pertain to dealers.

16-33  (d) Act as investigators in the enforcement of the provisions of NRS

16-34  483.700 to 483.780, inclusive, relating to the licensing of schools and

16-35  instructors for training drivers.

16-36  (e) Perform such other duties as may be imposed by the director.

16-37  Sec. 49.  NRS 481.0481 is hereby amended to read as follows:

16-38  481.0481  1.  There is hereby created[, within the motor vehicles

16-39  branch of] within the department[,] a section for the control of emissions

16-40  from vehicles.

16-41  2.  The director shall appoint, within the limits of legislative

16-42  appropriations, investigators, officers and technicians for the control of

16-43  emissions from vehicles.

16-44  3.  The duties of the investigators, officers and technicians are to travel

16-45  the state and:

16-46  (a) Act as agents and inspectors in the enforcement of the provisions of

16-47  NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS, and NRS

16-48  484.644 and 484.6441.

17-1    (b) Cooperate with the division of environmental protection of the state

17-2  department of conservation and natural resources in all matters pertaining

17-3  to the control of emissions from vehicles.

17-4    (c) Perform such other duties as may be imposed by the director.

17-5    Sec. 50.  NRS 481.051 is hereby amended to read as follows:

17-6    481.051  1.  The director shall direct and supervise all administrative

17-7  and technical activities of the department. [He shall devote his entire time

17-8  to the duties of his office, and shall not follow other gainful employment or

17-9  occupation.]

17-10  2.  The director may organize the department into various divisions,

17-11  alter the organization and reassign responsibilities and duties as he deems

17-12  appropriate.

17-13  3.  The director shall:

17-14  (a) Formulate the policy of the department and the various divisions

17-15  thereof.

17-16  (b) Coordinate the activities of the various divisions of the department.

17-17  (c) Adopt such regulations consistent with law as he deems necessary

17-18  for the operation of the department and the enforcement of all laws

17-19  administered by the department.

17-20  4.  The director may appoint vendors to serve as agents of the

17-21  department to sell temporary permits. The vendor shall collect the fees for

17-22  the permits issued pursuant to chapter 706 of NRS[,] and pay them to the

17-23  department. The vendor shall guarantee payment by giving a bond in an

17-24  amount not less than $25,000, executed by the vendor as principal, and by

17-25  a corporation qualified pursuant to the laws of this state as surety, payable

17-26  to the State of Nevada. In lieu of a bond, the vendor may deposit with the

17-27  state treasurer a like amount of lawful money of the United States or any

17-28  other form of security authorized by NRS 100.065. If security is provided

17-29  in the form of a savings certificate, certificate of deposit or investment

17-30  certificate, the certificate must state that the amount is not available for

17-31  withdrawal except upon [order] approval of the director. [The] Upon

17-32  approval of the governor, the director may appoint inspectors of the

17-33  transportation services authority and personnel of the Nevada highway

17-34  patrol division of the department of public safety to serve without

17-35  remuneration as vendors for the purposes of this subsection.

17-36  5.  The director may delegate to the officers and employees of the

17-37  department such authorities and responsibilities not otherwise delegated by

17-38  law as he deems necessary for the efficient conduct of the business of the

17-39  department.

17-40  Sec. 51.  NRS 481.057 is hereby amended to read as follows:

17-41  481.057  In [counties with a population in excess of 100,000,] a county

17-42  whose population is 100,000 or more, the director may arrange for the

17-43  office of the [motor vehicles branch of the] department to remain open on

17-44  Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.

17-45  Sec. 52.  NRS 481.083 is hereby amended to read as follows:

17-46  481.083  1.  [Except for the operation of the investigation division, the

17-47  division of emergency management, the state fire marshal division, the

17-48  division of parole and probation, and the capitol police division of the

17-49  department, money] Money for the administration of the provisions of this

18-1  chapter must be provided by direct legislative appropriation from the state

18-2  highway fund upon the presentation of budgets in the manner required by

18-3  law.

18-4    2.  All money provided for the support of the department and its

18-5  various divisions must be paid out on claims approved by the director in

18-6  the same manner as other claims against the state are paid.

18-7    Sec. 53.  NRS 481.087 is hereby amended to read as follows:

18-8    481.087  [1.  Except as otherwise provided in subsection 2, the] The

18-9  expenses incurred in the administration of this chapter and in the

18-10  administration of the powers and duties provided in this chapter shall be

18-11  deemed to be a cost of administration with respect to the operation of

18-12  motor vehicles upon the public highways of this state.

18-13  [2.  The provisions of subsection 1 do not apply to the expenses

18-14  incurred in the administration of:

18-15  (a) The investigation division;

18-16  (b) The division of emergency management;

18-17  (c) The state fire marshal division;

18-18  (d) The division of parole and probation; and

18-19  (e) The capitol police division,

18-20  of the department.]

18-21  Sec. 54.  NRS 482.267 is hereby amended to read as follows:

18-22  482.267  The director shall utilize the facility for the production of

18-23  license plates which is located at the department of prisons to produce all

18-24  license plates required by the department of motor vehicles . [and public

18-25  safety.]

18-26  Sec. 55.  NRS 482.313 is hereby amended to read as follows:

18-27  482.313  1.  Upon the lease of a passenger car by a short-term lessor

18-28  in this state, the short-term lessor shall charge and collect from the short-

18-29  term lessee a fee of 6 percent of the total amount for which the passenger

18-30  car was leased, excluding any taxes or other fees imposed by a

18-31  governmental entity. The amount of the fee must be indicated in the lease

18-32  agreement.

18-33  2.  On or before January 31 of each year, the short-term lessor shall:

18-34  (a) File with the department of taxation and the department of motor

18-35  vehicles , [and public safety,] on a form prescribed by the department of

18-36  taxation, a report indicating the total amount of:

18-37     (1) Fees collected by the short-term lessor during the immediately

18-38  preceding year pursuant to this section; and

18-39     (2) Vehicle licensing fees and taxes paid by the short-term lessor

18-40  during the immediately preceding year pursuant to this chapter.

18-41  (b) Remit to the department of taxation:

18-42     (1) One-third of the fees collected by the short-term lessor during the

18-43  immediately preceding year pursuant to this section; and

18-44     (2) Of the remainder of those fees, any amount in excess of the total

18-45  amount of vehicle licensing fees and taxes paid by the short-term lessor

18-46  during the immediately preceding year pursuant to this chapter.

18-47  3.  The department of taxation shall deposit all money received from

18-48  short-term lessors pursuant to the provisions of this section with the state

18-49  treasurer for credit to the state general fund.

19-1    4.  To ensure compliance with this section, the department of taxation

19-2  may audit the records of a short-term lessor.

19-3    5.  The provisions of this section do not limit or affect the payment of

19-4  any taxes or fees imposed pursuant to the provisions of this chapter.

19-5    6.  The department of motor vehicles [and public safety] shall, upon

19-6  request, provide to the department of taxation any information in its

19-7  records relating to a short-term lessor that the department of taxation

19-8  considers necessary to collect the fee required by this section.

19-9    7.  As used in this section, “vehicle licensing fees and taxes” means:

19-10  (a) The fees paid by a short-term lessor for the registration of, and the

19-11  issuance of certificates of title for, the passenger cars leased by him; and

19-12  (b) The basic and supplemental governmental services taxes paid by the

19-13  short-term lessor with regard to those passenger cars.

19-14  Sec. 56.  NRS 482.334 is hereby amended to read as follows:

19-15  482.334  1.  Before commencing the provision of services to a

19-16  prospective buyer, a broker shall execute a written brokerage agreement

19-17  with the prospective buyer.

19-18  2.  A brokerage agreement executed pursuant to subsection 1 must be

19-19  in at least 10-point type and must include:

19-20  (a) The name, address, license number and telephone number of the

19-21  broker.

19-22  (b) A complete description of the vehicle, including, but not limited to,

19-23  the make, model, year and color of the vehicle.

19-24  (c) A specific statement of:

19-25     (1) The amount of the purchase price of the vehicle; and

19-26     (2) The date on which the brokerage agreement expires, if an

19-27  agreement with a vehicle dealer to purchase a vehicle has not been signed.

19-28  (d) One of the following statements, as applicable for the particular

19-29  transaction, printed in at least 10-point bold type and placed immediately

19-30  below the statement required by paragraph (c):

19-31     (1) The broker does not receive a fee from the dealer which is selling

19-32  this vehicle.

19-33     (2) The broker does receive a fee from the dealer which is selling this

19-34  vehicle.

19-35  (e) A notice on the face of the brokerage agreement with a title in at

19-36  least 14-point bold type and the text in at least 10-point bold type in

19-37  substantially the following form:

 

19-38  NOTICE

 

19-39           This is an agreement to provide services; it is not an agreement for

19-40  the purchase of a vehicle. The laws of the State of Nevada provide

19-41  you with the following rights and protection:

19-42           1.  Once you have signed this agreement, you have the right to

19-43  cancel it and receive a full refund of any money that you paid under

19-44  any of the following circumstances:

19-45           (a) The final price of the vehicle exceeds the purchase price stated

19-46  in this agreement.

20-1  (b) The vehicle, upon delivery, does not match the description

20-2  provided in this agreement.

20-3  (c) This agreement expired before you were presented with an

20-4  agreement to purchase the vehicle from a dealer.

20-5  2.  If you have paid a deposit to purchase the vehicle, you have the

20-6  right to receive a full refund of that deposit at any time before you

20-7  sign an agreement to purchase the vehicle with a dealer. The amount

20-8  of any deposit to purchase a vehicle must not exceed 10 percent of the

20-9  purchase price of the vehicle and must be deposited by the broker in a

20-10  federally insured trust account.

20-11           3.  If you are unable to resolve a dispute with your broker, please

20-12  contact your local office of the department of motor vehicles . [and

20-13  public safety.]

 

20-14  (f) The date of execution of the brokerage agreement.

20-15  (g) The signatures of the broker and the prospective buyer.

20-16  3.  A broker shall retain copies of any brokerage agreement executed

20-17  pursuant to this section for 3 years.

20-18  Sec. 57.  NRS 482.36662 is hereby amended to read as follows:

20-19  482.36662  1.  A used vehicle dealer who sells to a retail customer a

20-20  used vehicle the odometer of which registers 75,000 miles or more shall

20-21  provide to that retail customer an express written warranty which complies

20-22  with the requirements set forth in subsection 2 and is valid for the period

20-23  set forth in the schedule of warranties created pursuant to NRS 482.36663,

20-24  if the used vehicle dealer is the subject of more than three substantiated

20-25  complaints filed against him with the department of motor vehicles [and

20-26  public safety] during a 12-month period.

20-27  2.  An express written warranty required pursuant to subsection 1 must

20-28  contain a statement that, in the event the operation of the used vehicle

20-29  becomes impaired as a result of a defect in a component or system of the

20-30  vehicle’s engine or drivetrain, the used vehicle dealer shall, with

20-31  reasonable promptness, correct the defect or cause the defect to be

20-32  corrected.

20-33  Sec. 58.  NRS 482.368 is hereby amended to read as follows:

20-34  482.368  1.  Except as otherwise provided in subsection 2, the

20-35  department shall provide suitable distinguishing license plates for exempt

20-36  vehicles. These plates must be displayed on the vehicles in the same

20-37  manner as provided for privately owned vehicles. The fee for the issuance

20-38  of the plates is $5. Any license plates authorized by this section must be

20-39  immediately returned to the department when the vehicle for which they

20-40  were issued ceases to be used exclusively for the purpose for which it was

20-41  exempted from the governmental services tax.

20-42  2.  License plates furnished for:

20-43  (a) Those vehicles which are maintained for and used by the governor

20-44  or under the authority and direction of the chief parole and probation

20-45  officer, the state contractors’ board and auditors, the state fire marshal, the

20-46  investigation division of the department of public safety and any

20-47  authorized federal law enforcement agency or law enforcement agency

20-48  from another state;

21-1    (b) One vehicle used by the department of prisons, three vehicles used

21-2  by the division of wildlife of the state department of conservation and

21-3  natural resources, two vehicles used by the Caliente youth center and four

21-4  vehicles used by the Nevada youth training center;

21-5    (c) Vehicles of a city, county or the state, if authorized by the

21-6  department for the purposes of law enforcement or work related thereto or

21-7  such other purposes as are approved upon proper application and

21-8  justification; and

21-9    (d) Vehicles maintained for and used by investigators of the following:

21-10     (1) The state gaming control board;

21-11     (2) The state department of agriculture;

21-12     (3) The attorney general;

21-13     (4) City or county juvenile officers;

21-14     (5) District attorneys’ offices;

21-15     (6) Public administrators’ offices;

21-16     (7) Public guardians’ offices;

21-17     (8) Sheriffs’ offices;

21-18     (9) Police departments in the state; and

21-19     (10) The securities division of the office of the secretary of

21-20  state,

21-21  must not bear any distinguishing mark which would serve to identify the

21-22  vehicles as owned by the state, county or city. These license plates must be

21-23  issued annually for $12 per plate or, if issued in sets, per set.

21-24  3.  The director may enter into agreements with departments of motor

21-25  vehicles of other states providing for exchanges of license plates of regular

21-26  series for vehicles maintained for and used by investigators of the law

21-27  enforcement agencies enumerated in paragraph (d) of subsection 2, subject

21-28  to all of the requirements imposed by that paragraph, except that the fee

21-29  required by that paragraph must not be charged.

21-30  4.  Applications for the licenses must be made through the head of the

21-31  department, board, bureau, commission, school district or irrigation

21-32  district, or through the chairman of the board of county commissioners of

21-33  the county or town or through the mayor of the city, owning or controlling

21-34  the vehicles, and no plate or plates may be issued until a certificate has

21-35  been filed with the department showing that the name of the department,

21-36  board, bureau, commission, county, city, town, school district or irrigation

21-37  district, as the case may be, and the words “For Official Use Only” have

21-38  been permanently and legibly affixed to each side of the vehicle, except

21-39  those vehicles enumerated in subsection 2.

21-40  5.  As used in this section, “exempt vehicle” means a vehicle exempt

21-41  from the governmental services tax, except a vehicle owned by the United

21-42  States.

21-43  6.  The department shall adopt regulations governing the use of all

21-44  license plates provided for in this section. Upon a finding by the

21-45  department of any violation of its regulations, it may revoke the violator’s

21-46  privilege of registering vehicles pursuant to this section.

21-47  Sec. 59.  NRS 482.3843 is hereby amended to read as follows:

21-48  482.3843  1.  The chief of a volunteer fire department may apply to

21-49  the department of motor vehicles [and public safety] for the issuance of a

22-1  placard for a member of the volunteer fire department or a volunteer

22-2  emergency medical technician associated with the department. The

22-3  application must:

22-4    (a) Be submitted on a form approved by the department of motor

22-5  vehicles ; [and public safety;] and

22-6    (b) Include:

22-7      (1) The name of the volunteer fire department;

22-8      (2) The county in which the volunteer fire department is located; and

22-9      (3) The number of placards requested.

22-10  2.  Upon receipt of an application pursuant to the provisions of

22-11  subsection 1, the department of motor vehicles [and public safety] shall

22-12  prepare and issue the number of placards requested in the application. The

22-13  placards must be yellow in color and must have appropriate mounting

22-14  holes. The volunteer fire department is responsible for determining the

22-15  design, lettering and numbering of the placards.

22-16  3.  The chief of the volunteer fire department shall establish rules:

22-17  (a) Regarding the issuance and use of the placards; and

22-18  (b) Establishing a method of establishing and maintaining records of

22-19  placards that have been issued.

22-20  4.  When a member to whom a placard has been issued ceases to be a

22-21  member of the volunteer fire department, or when a volunteer emergency

22-22  medical technician to whom a placard has been issued ceases to be

22-23  associated with the department, the person shall surrender the placard to

22-24  the chief of the volunteer fire department from which he received the

22-25  placard.

22-26  5.  A placard issued pursuant to the provisions of this section may not

22-27  be used in lieu of a license plate otherwise required by this chapter.

22-28  6.  The department of motor vehicles [and public safety] shall not

22-29  charge a fee for the issuance of the placards pursuant to this section.

22-30  Sec. 60.  NRS 483.340 is hereby amended to read as follows:

22-31  483.340  1.  The department shall upon payment of the required fee

22-32  issue to every qualified applicant a driver’s license indicating the type or

22-33  class of vehicles the licensee may drive. The license must bear a unique

22-34  number assigned to the licensee pursuant to NRS 483.345, the licensee’s

22-35  social security number, if he has one, unless he requests that it not appear

22-36  on the license, the full name, date of birth, mailing address, and a brief

22-37  description of the licensee, and a space upon which the licensee shall write

22-38  his usual signature in ink immediately upon receipt of the license. A

22-39  license is not valid until it has been so signed by the licensee.

22-40  2.  The department may issue a driver’s license for purposes of

22-41  identification only for use by officers of local police and sheriffs’

22-42  departments, agents of the investigation division of the department of

22-43  public safety while engaged in special undercover investigations relating to

22-44  narcotics or prostitution or for other undercover investigations requiring

22-45  the establishment of a fictitious identity, federal agents while engaged in

22-46  undercover investigations, investigators employed by the attorney general

22-47  while engaged in undercover investigations and agents of the state gaming

22-48  control board while engaged in investigations pursuant to NRS 463.140.

22-49  An application for such a license must be made through the head of the

23-1  police or sheriff’s department, the chief of the investigation division[,] of

23-2  the department of public safety, the director of the appropriate federal

23-3  agency, the attorney general or the chairman of the state gaming control

23-4  board. Such a license is exempt from the fees required by NRS 483.410.

23-5  The department, by regulation, shall provide for the cancellation of any

23-6  such driver’s license upon the completion of the special investigation for

23-7  which it was issued.

23-8    3.  Information pertaining to the issuance of a driver’s license pursuant

23-9  to subsection 2 is confidential.

23-10  4.  It is unlawful for any person to use a driver’s license issued pursuant

23-11  to subsection 2 for any purpose other than the special investigation for

23-12  which it was issued.

23-13  5.  At the time of the issuance of the driver’s license, the department

23-14  shall give the holder the opportunity to indicate on his driver’s license that

23-15  he wishes to be a donor of all or part of his body pursuant to NRS 451.500

23-16  to 451.590, inclusive, or that he refuses to make an anatomical gift of his

23-17  body or part of his body.

23-18  Sec. 61.  NRS 486A.160 is hereby amended to read as follows:

23-19  486A.160  1.  The department shall:

23-20  (a) Make such determinations and issue such orders as may be

23-21  necessary to carry out the provisions of this chapter;

23-22  (b) Enforce the regulations adopted by the commission pursuant to the

23-23  provisions of this chapter; and

23-24  (c) Conduct any investigation, research or study necessary to carry out

23-25  the provisions of this chapter.

23-26  2.  Upon request, the department of motor vehicles [and public safety]

23-27  shall provide to the department information contained in records of

23-28  registration of motor vehicles.

23-29  Sec. 62.  NRS 487.002 is hereby amended to read as follows:

23-30  487.002  1.  As used in this section:

23-31  (a) “Commissioner” means the commissioner of insurance.

23-32  (b) “Department” means the department of motor vehicles . [and public

23-33  safety.]

23-34  2.  The advisory board on automotive affairs, consisting of seven

23-35  members appointed by the governor, is hereby created within the division

23-36  of insurance of the department of business and industry.

23-37  3.  The governor shall appoint to the board one representative of:

23-38  (a) The commissioner;

23-39  (b) The department;

23-40  (c) Licensed operators of body shops;

23-41  (d) Licensed automobile wreckers;

23-42  (e) Insurers of motor vehicles;

23-43  (f) Automobile manufacturers; and

23-44  (g) The general public.

23-45  4.  After the initial terms, each member of the board serves a term of

23-46  4 years.

23-47  The members of the board shall annually elect from among their number a

23-48  chairman and a vice chairman. The commissioner shall provide secretarial

23-49  services for the board.

24-1    5.  The board shall meet regularly at least twice each year and may

24-2  meet at other times upon the call of the chairman. Each member of the

24-3  board is entitled to the per diem allowance and travel expenses provided

24-4  for state officers and employees generally.

24-5    6.  Not less than 30 days before the adoption by the commissioner or

24-6  the department of any regulation pursuant to subsection 7 or otherwise

24-7  relating to the operation of body shops or automobile wreckers, the

24-8  commissioner or the director, as appropriate, shall submit the proposed

24-9  regulation to the board for its review and comment.

24-10  7.  The commissioner and the department, jointly, shall adopt and the

24-11  board may propose, pursuant to NRS 233B.100, regulations to the

24-12  appropriate agency concerning:

24-13  (a) The use of new or used parts for the repair of motor vehicles and

24-14  parts that are not manufactured by the manufacturers of the motor vehicles

24-15  for which they are used.

24-16  (b) The survey methodology that may be used by an insurer to ascertain

24-17  prevailing charges for the repair of a motor vehicle.

24-18  (c) The preferred use of a business which repairs motor vehicles by an

24-19  insurer of motor vehicles.

24-20  Sec. 63.  NRS 487.007 is hereby amended to read as follows:

24-21  487.007  As used in this chapter , the term “state agency” means:

24-22  1.  The manufactured housing division of the department of business

24-23  and industry with regard to mobile homes and commercial coaches.

24-24  2.  The department of motor vehicles [and public safety] with regard to

24-25  all other vehicles subject to registration under the laws of this state.

24-26  Sec. 64.  NRS 487.230 is hereby amended to read as follows:

24-27  487.230  1.  Any sheriff, constable, member of the Nevada highway

24-28  patrol, officer of the legislative police, investigator of the division of

24-29  compliance enforcement of the [motor vehicles branch of the] department,

24-30  personnel of the capitol police division of the department[,] of public

24-31  safety, designated employees of the manufactured housing division of the

24-32  department of business and industry, special investigator employed by the

24-33  office of a district attorney, marshal or policeman of a city or town, or a

24-34  marshal or park ranger who is part of a unit of specialized law enforcement

24-35  established pursuant to NRS 280.125 who has reason to believe that a

24-36  vehicle has been abandoned on public property in his jurisdiction may

24-37  remove the vehicle from that property. At the request of the owner or

24-38  person in possession or control of private property who has reason to

24-39  believe that a vehicle has been abandoned on his property, the vehicle may

24-40  be removed by the operator of a tow car or an automobile wrecker from

24-41  that private property.

24-42  2.  A person who authorizes the removal of an abandoned vehicle

24-43  pursuant to subsection 1 shall:

24-44  (a) Have the vehicle taken to the nearest garage or other place

24-45  designated for storage by:

24-46     (1) The state agency or political subdivision making the request, if

24-47  the vehicle is removed from public property.

24-48     (2) The owner or person in possession or control of the property, if

24-49  the vehicle is removed from private property.

25-1    (b) Make all practical inquiries to ascertain if the vehicle is stolen by

25-2  checking the license plate number, vehicle identification number and other

25-3  available information which will aid in identifying the registered and legal

25-4  owner of the vehicle and supply the information to the person who is

25-5  storing the vehicle.

25-6    Sec. 65.  NRS 487.470 is hereby amended to read as follows:

25-7    487.470  1.  Only a licensed automobile wrecker, dealer of new or

25-8  used motor vehicles or rebuilder may bid to purchase a vehicle from an

25-9  operator of a salvage pool, and the operator may only sell a vehicle to such

25-10  a person. An operator shall not accept a bid from:

25-11  (a) An automobile wrecker until:

25-12     (1) He presents the card issued by the department pursuant to NRS

25-13  487.070 or other identifying card; or

25-14     (2) If he is licensed or otherwise authorized to operate as an

25-15  automobile wrecker in another state or foreign country, he presents

25-16  evidence of that licensure or authorization and has registered with the

25-17  operator pursuant to subsection 2; or

25-18  (b) A dealer of new or used motor vehicles or a rebuilder until:

25-19     (1) He presents the card issued by the department pursuant to NRS

25-20  487.475 or other identifying card; or

25-21     (2) If he is licensed or otherwise authorized to operate as a dealer of

25-22  new or used motor vehicles or as a rebuilder in another state or foreign

25-23  country, he presents evidence of that licensure or authorization and has

25-24  registered with the operator pursuant to subsection 2.

25-25  2.  Any automobile wrecker, dealer of new or used motor vehicles or

25-26  rebuilder who is licensed or otherwise authorized to operate in another

25-27  state or foreign country shall register with each operator of a salvage pool

25-28  with whom he bids to purchase vehicles, by filing with the operator copies

25-29  of his license or other form of authorization from the other state or country,

25-30  and his driver’s license, business license, certificate evidencing the filing of

25-31  a bond, resale certificate and proof of social security or tax identification

25-32  number, if such documentation is required for licensure in the other state or

25-33  country. Each operator of a salvage pool shall keep such copies at his place

25-34  of business and in a manner so that they are easily accessible and open to

25-35  inspection by employees of the department of motor vehicles [and public

25-36  safety] and to officers of law enforcement agencies in this state.

25-37  Sec. 66.  NRS 14.070 is hereby amended to read as follows:

25-38  14.070  1.  The use and operation of a motor vehicle over the public

25-39  roads, streets or highways, or in any other area open to the public and

25-40  commonly used by motor vehicles, in the State of Nevada by any person,

25-41  either as principal, master, agent or servant, shall be deemed an

25-42  appointment by the operator, on behalf of himself and his principal or

25-43  master, his executor, administrator or personal representative, of the

25-44  director of the department of motor vehicles [and public safety] to be his

25-45  true and lawful attorney upon whom may be served all legal process in any

25-46  action or proceeding against him, his principal or master, his executor,

25-47  administrator or personal representative, growing out of such use or

25-48  resulting in damage or loss to person or property, and the use or operation

25-49  signifies his agreement that any process against him which is so served has

26-1  the same legal force and validity as though served upon him personally

26-2  within the State of Nevada.

26-3    2.  Service of process must be made by leaving a copy of the process

26-4  with a fee of $5 in the hands of the director of the department of motor

26-5  vehicles [and public safety] or in his office, and the service shall be

26-6  deemed sufficient upon the operator if notice of service and a copy of the

26-7  process is sent by registered or certified mail by the plaintiff to the

26-8  defendant at the address supplied by the defendant in his accident report, if

26-9  any, and if not, at the best address available to the plaintiff, and a return

26-10  receipt signed by the defendant or a return of the United States Postal

26-11  Service stating that the defendant refused to accept delivery or could not be

26-12  located, or that the address was insufficient, and the plaintiff’s affidavit of

26-13  compliance therewith are attached to the original process and returned and

26-14  filed in the action in which it was issued. Personal service of notice and a

26-15  copy of the process upon the defendant, wherever found outside of this

26-16  state, by any person qualified to serve like process in the State of Nevada is

26-17  the equivalent of mailing, and may be proved by the affidavit of the person

26-18  making the personal service appended to the original process and returned

26-19  and filed in the action in which it was issued.

26-20  3.  The court in which the action is pending may order such

26-21  continuances as may be necessary to afford the defendant reasonable

26-22  opportunity to defend the action.

26-23  4.  The fee of $5 paid by the plaintiff to the director of the department

26-24  of motor vehicles [and public safety] at the time of the service must be

26-25  taxed in his costs if he prevails in the suit. The director of the department

26-26  of motor vehicles [and public safety] shall keep a record of all service of

26-27  process, including the day and hour of service.

26-28  5.  The foregoing provisions of this section with reference to the

26-29  service of process upon an operator defendant are not exclusive, except if

26-30  the operator defendant is found within the State of Nevada, he must be

26-31  served with process in the State of Nevada.

26-32  6.  The provisions of this section apply to nonresident motorists and to

26-33  resident motorists who have left the state or cannot be found within the

26-34  state following an accident which is the subject of an action for which

26-35  process is served pursuant to this section.

26-36  Sec. 67.  NRS 50.315 is hereby amended to read as follows:

26-37  50.315  1.  Except as otherwise provided in subsections 6 and 7, the

26-38  affidavit or declaration of a person is admissible in evidence in any

26-39  criminal or administrative proceeding to prove:

26-40  (a) That the affiant or declarant has been certified by the director of the

26-41  department of [motor vehicles and] public safety as being competent to

26-42  operate devices of a type certified by the committee on testing for

26-43  intoxication as accurate and reliable for testing a person’s breath to

26-44  determine the concentration of alcohol in his breath;

26-45  (b) The identity of a person from whom the affiant or declarant obtained

26-46  a sample of breath; and

26-47  (c) That the affiant or declarant tested the sample using a device of a

26-48  type so certified and that the device was functioning properly.

27-1    2.  Except as otherwise provided in subsections 6 and 7, the affidavit or

27-2  declaration of a person who prepared a chemical solution or gas that has

27-3  been used in calibrating a device for testing another’s breath to determine

27-4  the concentration of alcohol in his breath is admissible in evidence in any

27-5  criminal or administrative proceeding to prove:

27-6    (a) The occupation of the affiant or declarant; and

27-7    (b) That the solution or gas has the chemical composition necessary for

27-8  accurately calibrating it.

27-9    3.  Except as otherwise provided in subsections 6 and 7, the affidavit or

27-10  declaration of a person who calibrates a device for testing another’s breath

27-11  to determine the concentration of alcohol in his breath is admissible in

27-12  evidence in any criminal or administrative proceeding to prove:

27-13  (a) The occupation of the affiant or declarant;

27-14  (b) That on a specified date the affiant or declarant calibrated the device

27-15  at a named law enforcement agency by using the procedures and

27-16  equipment prescribed in the regulations of the committee on testing for

27-17  intoxication;

27-18  (c) That the calibration was performed within the period required by the

27-19  committee’s regulations; and

27-20  (d) Upon completing the calibration of the device, it was operating

27-21  properly.

27-22  4.  Except as otherwise provided in subsections 6 and 7, the affidavit or

27-23  declaration made under the penalty of perjury of a person who withdraws a

27-24  sample of blood from another for analysis by an expert as set forth in NRS

27-25  50.320 is admissible in any criminal or administrative proceeding to prove:

27-26  (a) The occupation of the affiant or declarant;

27-27  (b) The identity of the person from whom the affiant or declarant

27-28  withdrew the sample;

27-29  (c) The fact that the affiant or declarant kept the sample in his sole

27-30  custody or control and in substantially the same condition as when he first

27-31  obtained it until delivering it to another; and

27-32  (d) The identity of the person to whom the affiant or declarant delivered

27-33  it.

27-34  5.  Except as otherwise provided in subsections 6 and 7, the affidavit or

27-35  declaration of a person who receives from another a sample of blood or

27-36  urine or other tangible evidence that is alleged to contain alcohol or a

27-37  controlled substance, chemical, poison, organic solvent or another

27-38  prohibited substance may be admitted in any criminal, civil or

27-39  administrative proceeding to prove:

27-40  (a) The occupation of the affiant or declarant;

27-41  (b) The fact that the affiant or declarant received a sample or other

27-42  evidence from another person and kept it in his sole custody or control in

27-43  substantially the same condition as when he first received it until delivering

27-44  it to another; and

27-45  (c) The identity of the person to whom the affiant or declarant delivered

27-46  it.

27-47  6.  If, at or before the time of the trial, the defendant establishes that:

27-48  (a) There is a substantial and bona fide dispute regarding the facts in the

27-49  affidavit or declaration; and

28-1    (b) It is in the best interests of justice that the witness who signed the

28-2  affidavit or declaration be cross-examined,

28-3  the court may order the prosecution to produce the witness and may

28-4  continue the trial for any time the court deems reasonably necessary to

28-5  receive such testimony. The time within which a trial is required is

28-6  extended by the time of the continuance.

28-7    7.  During any trial in which the defendant has been accused of

28-8  committing a felony, the defendant may object in writing to admitting into

28-9  evidence an affidavit or declaration described in this section. If the

28-10  defendant makes such an objection, the court shall not admit the affidavit

28-11  or declaration into evidence and the prosecution may cause the person to

28-12  testify in court to any information contained in the affidavit or declaration.

28-13  8.  The committee on testing for intoxication shall adopt regulations

28-14  prescribing the form of the affidavits and declarations described in this

28-15  section.

28-16  Sec. 68.  NRS 62.211 is hereby amended to read as follows:

28-17  62.211  1.  Except as otherwise provided in this chapter, if the court

28-18  finds that a child is within the purview of this chapter, it shall so decree and

28-19  may:

28-20  (a) Place the child under supervision in his own home or in the custody

28-21  of a suitable person elsewhere, upon such conditions as the court may

28-22  determine. A program of supervision in the home may include electronic

28-23  surveillance of the child. The legislature declares that a program of

28-24  supervision that includes electronic surveillance is intended as an

28-25  alternative to commitment and not as an alternative to probation, informal

28-26  supervision or a supervision and consent decree.

28-27  (b) Commit the child to the custody of a public or private institution or

28-28  agency authorized to care for children, or place him in a home with a

28-29  family. In committing a child to a private institution or agency the court

28-30  shall select one that is required to be licensed by the department of human

28-31  resources to care for such children, or, if the institution or agency is in

28-32  another state, by the analogous department of that state. The court shall not

28-33  commit a female child to a private institution without prior approval of the

28-34  superintendent of the Caliente youth center, and shall not commit a male

28-35  child to a private institution without prior approval of the superintendent of

28-36  the Nevada youth training center.

28-37  (c) Order such medical, psychiatric, psychological or other care and

28-38  treatment as the court deems to be for the best interests of the child, except

28-39  as otherwise provided in this section.

28-40  (d) Order the parent, guardian, custodian or any other person to refrain

28-41  from continuing the conduct which, in the opinion of the court, has caused

28-42  or tended to cause the child to come within or remain under the provisions

28-43  of this chapter.

28-44  (e) If the child is less than 18 years of age, order:

28-45     (1) The parent, guardian or custodian of the child; and

28-46     (2) Any brother, sister or other person who is living in the

28-47  same household as the child over whom the court has

28-48  jurisdiction,

29-1  to attend or participate in counseling, with or without the child, including,

29-2  but not limited to, counseling regarding parenting skills, alcohol or

29-3  substance abuse, or techniques of dispute resolution.

29-4    (f) Order the parent or guardian of the child to participate in a program

29-5  designed to provide restitution to the victim of an act committed by the

29-6  child or to perform public service.

29-7    (g) Order the parent or guardian of the child to pay all or part of the cost

29-8  of the proceedings, including, but not limited to, reasonable attorney’s fees,

29-9  any costs incurred by the court and any costs incurred in the investigation

29-10  of an act committed by the child and the taking into custody of the child.

29-11  (h) Order the suspension of the child’s driver’s license for at least 90

29-12  days but not more than 2 years. If the child does not possess a driver’s

29-13  license, the court may prohibit the child from receiving a driver’s license

29-14  for at least 90 days but not more than 2 years:

29-15     (1) Immediately following the date of the order, if the child is eligible

29-16  to receive a driver’s license.

29-17     (2) After the date he becomes eligible to apply for a driver’s license,

29-18  if the child is not eligible to receive a license on the date of the

29-19  order.

29-20  If the court issues an order suspending the driver’s license of a child

29-21  pursuant to this paragraph, the judge shall require the child to surrender to

29-22  the court all driver’s licenses then held by the child. The court shall, within

29-23  5 days after issuing the order, forward to the department of motor vehicles

29-24  [and public safety] the licenses, together with a copy of the order. If,

29-25  pursuant to this paragraph, the court issues an order delaying the ability of

29-26  a child to receive a driver’s license, the court shall, within 5 days after

29-27  issuing the order, forward to the department of motor vehicles [and public

29-28  safety] a copy of the order. The department of motor vehicles [and public

29-29  safety] shall report a suspension pursuant to this paragraph to an insurance

29-30  company or its agent inquiring about the child’s driving record, but such a

29-31  suspension must not be considered for the purpose of rating or

29-32  underwriting. The department of motor vehicles [and public safety] shall

29-33  not require the child to submit to the tests and other requirements which are

29-34  adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

29-35  condition of reinstatement or reissuance after a suspension of his license

29-36  pursuant to this paragraph, unless the suspension resulted from his poor

29-37  performance as a driver.

29-38  (i) Place the child, when he is not in school, under the supervision of:

29-39     (1) A public organization to work on public projects;

29-40     (2) A public agency to work on projects to eradicate graffiti; or

29-41     (3) A private nonprofit organization to perform other public

29-42  service.

29-43  The person under whose supervision the child is placed shall keep the child

29-44  busy and well supervised and shall make such reports to the court as it may

29-45  require. As a condition of such a placement, the court may require the child

29-46  or his parent or guardian to deposit with the court a reasonable sum of

29-47  money to pay for the cost of policies of insurance against liability for

29-48  personal injury and damage to property or for industrial insurance, or both,

29-49  during those periods in which he performs the work, unless, in the case of

30-1  industrial insurance, it is provided by the organization or agency for which

30-2  he performs the work.

30-3    (j) Permit the child to reside in a residence without the immediate

30-4  supervision of an adult, or exempt the child from mandatory attendance at

30-5  school so that the child may be employed full time, or both, if the child is

30-6  at least 16 years of age, has demonstrated the capacity to benefit from this

30-7  placement or exemption and is under the strict supervision of the juvenile

30-8  division.

30-9    (k) Require the child to provide restitution to the victim of the crime

30-10  which the child has committed.

30-11  (l) Impose a fine on the child. If a fine is imposed, the court shall

30-12  impose an administrative assessment pursuant to NRS 62.2175.

30-13  (m) If the child has not previously been found to be within the purview

30-14  of this chapter and if the act for which the child is found to be within the

30-15  purview of this chapter did not involve the use or threatened use of force or

30-16  violence, order the child to participate in a publicly or privately operated

30-17  program of sports or physical fitness that is adequately supervised or a

30-18  publicly or privately operated program for the arts that is adequately

30-19  supervised. A program for the arts may include, but is not limited to,

30-20  drawing, painting, photography or other visual arts, musical, dance or

30-21  theatrical performance, writing or any other structured activity that

30-22  involves creative or artistic expression. If the court orders the child to

30-23  participate in a program of sports or physical fitness or a program for the

30-24  arts, the court may order any or all of the following, in the following order

30-25  of priority if practicable:

30-26     (1) The parent or guardian of the child, to the extent of his financial

30-27  ability, to pay the costs associated with the participation of the child in the

30-28  program, including, but not limited to, a reasonable sum of money to pay

30-29  for the cost of policies of insurance against liability for personal injury and

30-30  damage to property during those periods in which the child participates in

30-31  the program;

30-32     (2) The child to work on projects or perform public service pursuant

30-33  to paragraph (i) for a period that reflects the costs associated with the

30-34  participation of the child in the program; or

30-35     (3) The county in which the petition alleging the child to be

30-36  delinquent or in need of supervision is filed to pay the costs associated with

30-37  the participation of the child in the program.

30-38  2.  If the court finds that a child who is less than 17 years of age has

30-39  committed a delinquent act, the court may order the parent or guardian of

30-40  the child to pay any fines and penalties imposed for the delinquent act. If

30-41  the parent or guardian is unable to pay the fines and penalties imposed

30-42  because of financial hardship, the court may require the parent or guardian

30-43  to perform community service.

30-44  3.  In determining the appropriate disposition of a case concerning a

30-45  child found to be within the purview of this chapter, the court shall

30-46  consider whether the act committed by the child involved the use of a

30-47  firearm or the use or threatened use of force or violence against the victim

30-48  of the act and whether the child is a serious or chronic offender. If the court

30-49  finds that the act committed by the child involved the use of a firearm or

31-1  the use or threatened use of force or violence against the victim or that the

31-2  child is a serious or chronic offender, the court shall include the finding in

31-3  its order and may, in addition to the options set forth in subsections 1 and 2

31-4  of this section and NRS 62.213:

31-5    (a) Commit the child for confinement in a secure facility, including a

31-6  facility which is secured by its staff.

31-7    (b) Impose any other punitive measures the court determines to be in the

31-8  best interests of the public or the child.

31-9    4.  Except as otherwise provided in NRS 62.455 and 62.570, at any

31-10  time, either on its own volition or for good cause shown, the court may

31-11  terminate its jurisdiction concerning the child.

31-12  5.  Whenever the court commits a child to any institution or agency

31-13  pursuant to this section or NRS 62.213, it shall transmit a summary of its

31-14  information concerning the child and order the administrator of the school

31-15  that the child last attended to transmit a copy of the child’s educational

31-16  records to the institution or agency. The institution or agency shall give to

31-17  the court any information concerning the child that the court may require.

31-18  6.  In determining whether to place a child pursuant to this section in

31-19  the custody of a person other than his parent, guardian or custodian,

31-20  preference must be given to any person related within the third degree of

31-21  consanguinity to the child whom the court finds suitable and able to

31-22  provide proper care and guidance for the child.

31-23  Sec. 69.  NRS 62.221 is hereby amended to read as follows:

31-24  62.221  Whenever any child is found to have committed a minor traffic

31-25  offense, the judge, or his authorized representative, shall forward to the

31-26  department of motor vehicles [and public safety,] in the form required by

31-27  NRS 483.450, a record of the violation, other than violation of a law or

31-28  ordinance governing standing or parking, and may do any or all of the

31-29  following:

31-30  1.  Impose a fine. If a fine is imposed, the judge or his authorized

31-31  representative shall impose an administrative assessment pursuant to NRS

31-32  62.2175.

31-33  2.  Recommend to the department of motor vehicles [and public safety]

31-34  the suspension of the child’s driver’s license.

31-35  3.  Require that the child attend and complete a traffic survival course.

31-36  4.  Order that the child or his parents pay the reasonable cost of the

31-37  child’s attending the traffic survival course.

31-38  5.  Order the child to be placed on a work detail to repay any fine

31-39  imposed.

31-40  6.  Order the child placed on probation.

31-41  Sec. 70.  NRS 62.2263 is hereby amended to read as follows:

31-42  62.2263  1.  When a court issues an order pursuant to NRS 62.224,

31-43  62.2255, 62.226 or 62.228, it shall forward to the department of motor

31-44  vehicles [and public safety] a copy of the order and the driver’s license of

31-45  the child who is the subject of the order within 5 days after issuing the

31-46  order.

31-47  2.  The department of motor vehicles : [and public safety:]

32-1    (a) Shall not treat such an unlawful act set forth in NRS 62.224,

32-2  62.2255, 62.226 or 62.228 in the manner statutorily required for moving

32-3  traffic violations.

32-4    (b) Shall report the suspension of a driver’s license pursuant to NRS

32-5  62.224, 62.2255, 62.226 or 62.228 to an insurance company or its agent

32-6  inquiring about the driving record of the child, but such a suspension must

32-7  not be considered for the purpose of rating or underwriting.

32-8    (c) Shall not require a child whose driver’s license was suspended

32-9  pursuant to NRS 62.224, 62.2255, 62.226 or 62.228 to submit to the tests

32-10  and other requirements that are adopted by regulation pursuant to

32-11  subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance

32-12  after a suspension of his license, unless the suspension also resulted from

32-13  his poor performance as a driver.

32-14  Sec. 71.  NRS 62.227 is hereby amended to read as follows:

32-15  62.227  1.  If a child who is less than 18 years of age is found by the

32-16  juvenile court to have committed an unlawful act in violation of NRS

32-17  484.379 or 484.3795, the judge[,] or his authorized representative[,] shall,

32-18  if the child possesses a driver’s license, issue an order revoking the driver’s

32-19  license of that child for 90 days. If such an order is issued, the judge shall

32-20  require the child to surrender to the court all driver’s licenses then held by

32-21  the child. The court shall, within 5 days after issuing the order, forward to

32-22  the department of motor vehicles [and public safety] the licenses and a

32-23  copy of the order.

32-24  2.  The judge shall require the child to submit to the tests and other

32-25  requirements which are adopted by regulation pursuant to subsection 1 of

32-26  NRS 483.495 as a condition of reinstatement of the driver’s license of the

32-27  child.

32-28  3.  If the child is found to have committed a subsequent unlawful act as

32-29  set forth in subsection 1, the court shall order an additional period of

32-30  revocation to apply consecutively with the previous order.

32-31  4.  The judge may authorize the department to issue a restricted driver’s

32-32  license pursuant to NRS 483.490 to a child whose driver’s license is

32-33  revoked pursuant to this section.

32-34  Sec. 72.  NRS 62.360 is hereby amended to read as follows:

32-35  62.360  1.  The court shall make and keep records of all cases brought

32-36  before it.

32-37  2.  The records may be opened to inspection only by order of the court

32-38  to persons having a legitimate interest therein except that a release without

32-39  a court order may be made of any:

32-40  (a) Records of traffic violations which are being forwarded to the

32-41  department of motor vehicles ; [and public safety;]

32-42  (b) Records which have not been sealed and which are required by the

32-43  division of parole and probation of the department of [motor vehicles and]

32-44  public safety for preparation of presentence investigations and reports

32-45  pursuant to NRS 176.135 or general investigations and reports pursuant to

32-46  NRS 176.151;

32-47  (c) Information maintained in the standardized system established

32-48  pursuant to NRS 62.910;

33-1    (d) Records which have not been sealed and which are to be used,

33-2  pursuant to chapter 179D of NRS, by:

33-3      (1) The central repository for Nevada records of criminal history;

33-4      (2) The division of parole and probation of the department of [motor

33-5  vehicles and] public safety; or

33-6      (3) A person who is conducting an assessment of the risk of

33-7  recidivism of an adult or juvenile sex offender; and

33-8    (e) Information that must be collected by the division of child and

33-9  family services of the department of human resources pursuant to NRS

33-10  62.920.

33-11  3.  The clerk of the court shall prepare and cause to be printed forms

33-12  for social and legal records and other papers as may be required.

33-13  4.  Whenever the conduct of a child with respect to whom the

33-14  jurisdiction of the juvenile court has been invoked may be the basis of a

33-15  civil action, any party to the civil action may petition the court for release

33-16  of the child’s name, and upon satisfactory showing to the court that the

33-17  purpose in obtaining the information is for use in a civil action brought or

33-18  to be brought in good faith, the court shall order the release of the child’s

33-19  name and authorize its use in the civil action.

33-20  Sec. 73.  NRS 62.530 is hereby amended to read as follows:

33-21  62.530  “Division” means the division of parole and probation of the

33-22  department of [motor vehicles and] public safety.

33-23  Sec. 74.  NRS 62.870 is hereby amended to read as follows:

33-24  62.870  1.  When a child applies for a driver’s license, the department

33-25  of motor vehicles [and public safety] shall notify the child of the provisions

33-26  of paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224[, 62.2255,

33-27  62.226, 62.2263,] to 62.227 , inclusive, and 62.228.

33-28  2.  After providing the notice pursuant to subsection 1, the department

33-29  shall require the child to sign an affidavit acknowledging that he is aware

33-30  that his driver’s license may be suspended or revoked pursuant to

33-31  paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255,

33-32  62.226, 62.227 or 62.228.

33-33  Sec. 75.  NRS 108.2679 is hereby amended to read as follows:

33-34  108.2679  “Registered owner” means:

33-35  1.  A person whose name appears in the files of the manufactured

33-36  housing division of the department of business and industry as the person

33-37  to whom the mobile home or manufactured home is registered, but does

33-38  not include:

33-39  (a) A creditor who holds title to the mobile home or manufactured

33-40  home; or

33-41  (b) The owner or holder of a lien encumbering the mobile home or

33-42  manufactured home.

33-43  2.  A person whose name appears in the files of the [motor vehicles

33-44  branch of the] department of motor vehicles [and public safety] as the

33-45  person to whom the vehicle is registered.

33-46  Sec. 76.  NRS 108.310 is hereby amended to read as follows:

33-47  108.310  Subject to the provisions of NRS 108.315, the lien created in

33-48  NRS 108.270 to 108.360, inclusive, may be satisfied as follows:

34-1    1.  The lien claimant shall give written notice to the person on whose

34-2  account the storing, maintaining, keeping, repairing, labor, fuel, supplies,

34-3  facilities, services or accessories were made, done or given, and to any

34-4  other person known to have or to claim an interest in the motor vehicle,

34-5  aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,

34-6  recreational vehicle, mobile home or manufactured home, upon which the

34-7  lien is asserted, and to the:

34-8    (a) Manufactured housing division of the department of business and

34-9  industry with regard to mobile homes, manufactured homes[,] and

34-10  commercial coaches as defined in chapter 489 of NRS; or

34-11  (b) [Motor vehicles branch of the] The department of motor vehicles

34-12  [and public safety] with regard to all other items included in this section.

34-13  2.  In accordance with the terms of a notice so given, a sale by auction

34-14  may be held to satisfy any valid claim which has become a lien on the

34-15  motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft

34-16  parts, trailer, recreational vehicle, mobile home or manufactured home.

34-17  The sale must be held in the place where the lien was acquired, or, if that

34-18  place is manifestly unsuitable for the purpose, at the nearest suitable place.

34-19  3.  After the time for the payment of the claim specified in the notice

34-20  has elapsed, an advertisement of the sale, describing the motor vehicle,

34-21  aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,

34-22  recreational vehicle, mobile home or manufactured home to be sold, and

34-23  stating the name of the owner or person on whose account it is held, and

34-24  the time and place of the sale, must be published once a week for 3

34-25  consecutive weeks in a newspaper published in the place where the sale is

34-26  to be held, but if no newspaper is published in that place, then in a

34-27  newspaper published in this state that has a general circulation in that

34-28  place. The sale must not be held less than 22 days after the time of the first

34-29  publication.

34-30  4.  From the proceeds of the sale the lien claimant who furnished the

34-31  services, labor, fuel, accessories, facilities or supplies shall satisfy his lien,

34-32  including the reasonable charges of notice, advertisement and sale. The

34-33  balance, if any, of the proceeds must be delivered, on demand, to the

34-34  person to whom he would have been bound to deliver, or justified in

34-35  delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft

34-36  equipment, aircraft parts, trailer, recreational vehicle, mobile home or

34-37  manufactured home.

34-38  Sec. 77.  NRS 108.315 is hereby amended to read as follows:

34-39  108.315  1.  Any landlord who desires to enforce a lien for unpaid rent

34-40  or rent and utilities under the provisions of NRS 108.270 to 108.360,

34-41  inclusive, must within 15 days after the rent is 30 days past due, make a

34-42  demand in writing upon the registered owner of the recreational vehicle,

34-43  mobile home or manufactured home, for the amount due, stating that a lien

34-44  is claimed on the recreational vehicle, mobile home or manufactured home.

34-45  A copy of the demand must be sent to every holder of a security interest

34-46  and every person who is listed in the records of the manufactured housing

34-47  division of the department of business and industry as holding an

34-48  ownership or other interest in, and every tenant or subtenant of, the

34-49  recreational vehicle, mobile home or manufactured home, and to the:

35-1    (a) Manufactured housing division of the department of business and

35-2  industry, with regard to mobile homes and manufactured homes; or

35-3    (b) [Motor vehicles branch of the] The department of motor vehicles ,

35-4  [and public safety,] with regard to recreational vehicles,

35-5  by registered or certified mail.

35-6    2.  To obtain the name and address of a holder of a security interest or a

35-7  person who is listed in the records of the manufactured housing division of

35-8  the department of business and industry as holding an ownership or other

35-9  interest in the recreational vehicle, mobile home or manufactured home,

35-10  the landlord shall, before making the demand for payment, request that

35-11  information from the:

35-12  (a) Manufactured housing division of the department of business and

35-13  industry, with regard to mobile homes, manufactured homes[,] and

35-14  commercial coaches as defined in chapter 489 of NRS; or

35-15  (b) Department of motor vehicles , [and public safety,] with regard to all

35-16  other vehicles,

35-17  and the state agency shall supply that information from its records. If the

35-18  recreational vehicle, mobile home or manufactured home is registered in

35-19  another state, territory or country, the landlord shall, before making the

35-20  demand for payment, obtain the information from the appropriate agency

35-21  of that state, territory or country.

35-22  3.  A landlord who enforces a lien for unpaid rent may recover an

35-23  amount equal to:

35-24  (a) The amount of the unpaid rent;

35-25  (b) The cost of any advertising and notices required pursuant to NRS

35-26  108.270 to 108.360, inclusive;

35-27  (c) The cost and fees ordered by a court in any action contesting the

35-28  validity of a lien; and

35-29  (d) The cost of a sale, if a sale by auction is made pursuant to the

35-30  provisions of NRS 108.310.

35-31  4.  No recreational vehicle, mobile home or manufactured home may

35-32  be sold for delinquent rent or rent and utilities until 4 months have elapsed

35-33  after the first default in payment, and a notice of lien has been served

35-34  pursuant to subsection 1. At least 10 days but not more than 30 days before

35-35  a sale, a written notice of sale by auction must be sent to the registered

35-36  owner and tenant or subtenant and to every holder of a security interest and

35-37  every person who is listed in the records of the manufactured housing

35-38  division of the department of business and industry as holding an

35-39  ownership or other interest in the recreational vehicle, mobile home or

35-40  manufactured home by registered or certified mail stating that a sale by

35-41  auction of the recreational vehicle, mobile home or manufactured home is

35-42  to be made pursuant to the provisions of NRS 108.310. The written notice

35-43  of sale by auction must include the time and location of the sale, the

35-44  amount necessary to satisfy the lien and a description of the legal

35-45  proceeding available to contest the lien pursuant to NRS 108.350 and

35-46  108.355.

35-47  Sec. 78.  NRS 120A.280 is hereby amended to read as follows:

35-48  120A.280  1.  Within 180 days after the filing of the report required

35-49  by NRS 120A.250 and the payment or delivery of the property required by

36-1  NRS 120A.360, the administrator shall cause notice to be published in at

36-2  least one newspaper of general circulation in the county in this state in

36-3  which is located the last known address of any person to be named in the

36-4  notice. If no address is listed or if the address is outside this state, the

36-5  notice must be published in the county in which the holder of the

36-6  abandoned property has his principal place of business within this state.

36-7    2.  The published notice must be entitled “Notice of Names of Persons

36-8  Appearing To Be Owners of Abandoned Property,” and must contain:

36-9    (a) The names in alphabetical order and last known addresses, if any, of

36-10  persons listed in the report and entitled to notice within the county.

36-11  (b) A statement that information concerning the amount or description

36-12  of the property and the name and address of the holder may be obtained by

36-13  any person possessing an interest in the property by addressing an inquiry

36-14  to the division.

36-15  (c) If the property was removed from a safe-deposit box or other

36-16  safekeeping repository, a statement declaring that the administrator will

36-17  hold the property for 1 year after the date the property was delivered to the

36-18  division, and that the property may be destroyed if no claims are made for

36-19  it within that period.

36-20  3.  The administrator is not required to publish in the notice any item

36-21  valued at less than $50 unless he deems the publication to be in the public

36-22  interest.

36-23  4.  In addition to the notice required to be published pursuant to this

36-24  section, the administrator shall take such actions as are reasonably

36-25  calculated to give actual notice to the owner of property presumed

36-26  abandoned, including, without limitation, using information obtained from

36-27  the department of motor vehicles [and public safety] and other

36-28  governmental agencies or executing contracts with private businesses to

36-29  assist in locating such owners of property.

36-30  Sec. 79.  NRS 125B.220 is hereby amended to read as follows:

36-31  125B.220  1.  Upon deposit of any asset pursuant to NRS 125B.210

36-32  which is not money or is not readily convertible into money, the court may,

36-33  not fewer than 25 days after serving the obligor-parent with written notice

36-34  and providing an opportunity for hearing, order the sale of the asset and

36-35  deposit the proceeds of the sale with the trustee designated by the court to

36-36  receive the assets. The sale of assets must be conducted in accordance with

36-37  the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the

36-38  sale of property under execution.

36-39  2.  When an asset ordered to be deposited is real property, the order

36-40  must be certified in accordance with NRS 17.150 and recorded with the

36-41  county recorder. The deposited real property and the rights, benefits and

36-42  liabilities attached to that property continue in the possession of the legal

36-43  owner until it becomes subject to a use or sale of assets pursuant to this

36-44  section or NRS 125B.210. The legal owner may not transfer, encumber,

36-45  hypothecate, dispose of or realize profits from the property unless

36-46  approved by the court.

36-47  3.  When an asset ordered to be deposited is personal property or

36-48  fixtures including goods, documents, instruments, general intangibles,

37-1  chattel paper or accounts, the trustee shall file a financing statement in

37-2  accordance with NRS 104.9501, 104.9502 and 104.9516.

37-3    4.  When an asset ordered to be deposited is a vehicle registered with

37-4  the department of motor vehicles , [and public safety,] the trustee shall

37-5  deliver to the department the certificate of ownership of the vehicle in

37-6  accordance with NRS 482.428.

37-7    Sec. 80.  NRS 125B.280 is hereby amended to read as follows:

37-8    125B.280  1.  The trustee designated by the court to receive assets

37-9  pursuant to NRS 125B.210[,] shall return any assets to the obligor-parent

37-10  when:

37-11  (a) The obligor-parent has given the trustee notice to return assets;

37-12  (b) All payments in arrears have been paid in full; and

37-13  (c) The obligor-parent has made, in a timely manner, all payments of

37-14  support ordered for the 12 months immediately preceding the date notice

37-15  was given to the trustee.

37-16  2.  If the deposited assets include real property, upon the satisfaction of

37-17  the requirements of subsection 1, the trustee shall prepare a release and

37-18  record it in the office of the county recorder.

37-19  3.  If the deposited assets include personal property or fixtures

37-20  including goods, documents, instruments, general intangibles, chattel paper

37-21  or accounts, the trustee shall, upon the satisfaction of the requirements of

37-22  subsection 1, prepare a termination statement and file it in accordance with

37-23  NRS 104.9513.

37-24  4.  If the deposited assets include a vehicle registered with the

37-25  department of motor vehicles , [and public safety,] the trustee shall, upon

37-26  the satisfaction of the requirements of subsection 1, deliver the certificate

37-27  of ownership to the obligor-parent in accordance with NRS 482.431.

37-28  Sec. 81.  NRS 174.063 is hereby amended to read as follows:

37-29  174.063  1.  If a plea of guilty is made in a written plea agreement, the

37-30  agreement must be substantially in the following form:

 

37-31  Case No.............................          

37-32  Dept. No.............................          

 

37-33  IN THE .................. JUDICIAL DISTRICT COURT OF THE

37-34  STATE OF NEVADA IN AND FOR THE COUNTY OF.............,

 

37-35  The State of Nevada

37-36       PLAINTIFF,

 

37-37               v.

 

37-38  (Name of defendant)

37-39     DEFENDANT.

 

37-40  GUILTY PLEA AGREEMENT

37-41  I hereby agree to plead guilty to: (List charges to which defendant is

37-42  pleading guilty), as more fully alleged in the charging document attached

37-43  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

42-2  subsection 3.

42-3    (c) Contract with a collection agency licensed pursuant to NRS 649.075

42-4  to collect the delinquent amount and the collection fee. The collection

42-5  agency must be paid as compensation for its services an amount not greater

42-6  than the amount of the collection fee imposed pursuant to subsection 1, in

42-7  accordance with the provisions of the contract.

42-8    3.  The court may, on its own motion or at the request of a state or local

42-9  entity that is responsible for collecting the delinquent fine, administrative

42-10  assessment, fee or restitution, take any or all of the following actions, in the

42-11  following order of priority if practicable:

42-12  (a) Request that a prosecuting attorney undertake collection of the

42-13  delinquency, including, without limitation, the original amount and the

42-14  collection fee, by attachment or garnishment of the defendant’s property,

42-15  wages or other money receivable.

42-16  (b) Order the suspension of the driver’s license of the defendant. If the

42-17  defendant does not possess a driver’s license, the court may prohibit the

42-18  defendant from applying for a driver’s license for a specified period. If the

42-19  defendant is already the subject of a court order suspending or delaying the

42-20  issuance of his driver’s license, the court may order the additional

42-21  suspension or delay, as appropriate, to apply consecutively with the

42-22  previous order. At the time the court issues an order suspending the

42-23  driver’s license of a defendant pursuant to this paragraph, the court shall

42-24  require the defendant to surrender to the court all driver’s licenses then

42-25  held by the defendant. The court shall, within 5 days after issuing the order,

42-26  forward to the department of motor vehicles [and public safety] the

42-27  licenses, together with a copy of the order. At the time the court issues an

42-28  order pursuant to this paragraph delaying the ability of a defendant to apply

42-29  for a driver’s license, the court shall, within 5 days after issuing the order,

42-30  forward to the department of motor vehicles [and public safety] a copy of

42-31  the order. The department of motor vehicles [and public safety] shall report

42-32  a suspension pursuant to this paragraph to an insurance company or its

42-33  agent inquiring about the defendant’s driving record, but such a suspension

42-34  must not be considered for the purpose of rating or underwriting.

42-35  (c) For a delinquent fine or administrative assessment, order the

42-36  confinement of the person in the appropriate prison, jail or detention

42-37  facility, as provided in NRS 176.065 and 176.075.

42-38  4.  Money collected from a collection fee imposed pursuant to

42-39  subsection 1 must be distributed in the following manner:

42-40  (a) Except as otherwise provided in paragraph (d), if the money is

42-41  collected by or on behalf of a municipal court, the money must be

42-42  deposited in a special fund in the appropriate city treasury. The city may

42-43  use the money in the fund only to develop and implement a program for the

42-44  collection of fines, administrative assessments, fees and restitution.

42-45  (b) Except as otherwise provided in paragraph (d), if the money is

42-46  collected by or on behalf of a justice’s court or district court, the money

42-47  must be deposited in a special fund in the appropriate county treasury. The

42-48  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

47-25  department,

47-26  within the period prescribed by the director of the department. If an agency

47-27  has submitted a record regarding the arrest of a person who is later

47-28  determined by the agency not to be the person who committed the

47-29  particular crime, the agency shall, immediately upon making that

47-30  determination, so notify the division. The division shall delete all

47-31  references in the central repository relating to that particular arrest.

47-32  4.  The division shall, in the manner prescribed by the director of the

47-33  department:

47-34  (a) Collect, maintain and arrange all information submitted to it relating

47-35  to:

47-36     (1) Sexual offenses and other records of criminal history; and

47-37     (2) The genetic markers of the blood and the secretor status of the

47-38  saliva of a person who is convicted of sexual assault or any other sexual

47-39  offense.

47-40  (b) When practicable, use a record of the personal identifying

47-41  information of a subject as the basis for any records maintained regarding

47-42  him.

47-43  (c) Upon request, provide the information that is contained in the central

47-44  repository to the state disaster identification team of the division of

47-45  emergency management of the department of [motor vehicles and] public

47-46  safety.

47-47  5.  The division may:

47-48  (a) Disseminate any information which is contained in the central

47-49  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

73-29  of child and family services of the department of human

73-30  resources,

73-31  must be labeled by painting the words “State of Nevada” and “For Official

73-32  Use Only” on the automobiles in plain lettering. The director of the

73-33  department of administration or his representative shall prescribe the size

73-34  and location of the label for all such automobiles.

73-35  4.  Any officer or employee of the State of Nevada who violates any

73-36  provision of this section is guilty of a misdemeanor.

73-37  Sec. 129.  NRS 353.2712 is hereby amended to read as follows:

73-38  353.2712  “Division” means the division of emergency management of

73-39  the department of [motor vehicles and] public safety.

73-40  Sec. 130.  NRS 356.200 is hereby amended to read as follows:

73-41  356.200  1.  With unanimous consent of his bondsmen, a county

73-42  officer, other than a county treasurer, may deposit county money received

73-43  by the office of the county officer in an insured bank, insured credit union

73-44  or insured savings and loan association located in the State of Nevada.

73-45  2.  If the written consent of any bondsman to such a deposit has not

73-46  been obtained, the bondsman must, upon giving notice as required by law,

73-47  be released from all responsibility on the bond of the officer.

73-48  3.  The accounts must be kept in the name of the county in such manner

73-49  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. 148.5.  NRS 408.235 is hereby amended to read as follows:

81-7    408.235  1.  There is hereby created the state highway fund.

81-8    2.  Except as otherwise provided in subsection 7 of NRS 482.180 and

81-9  NRS 482.1805, the proceeds from the imposition of any:

81-10  (a) License or registration fee and other charges with respect to the

81-11  operation of any motor vehicle upon any public highway, city, town or

81-12  county road, street, alley or highway in this state; and

81-13  (b) Excise tax on gasoline or other motor vehicle fuel,

81-14  must be deposited in the state highway fund and must, except for costs of

81-15  administering the collection thereof, be used exclusively for administration,

81-16  construction, reconstruction, improvement and maintenance of highways as

81-17  provided for in this chapter.

81-18  3.  The interest and income earned on the money in the state highway

81-19  fund, after deducting any applicable charges, must be credited to the fund.

81-20  4.  [Costs of administration for the collection of the proceeds for any

81-21  license or registration fees and other charges with respect to the operation

81-22  of any motor vehicle must be limited to a sum not to exceed 22 percent of

81-23  the total proceeds so collected.

81-24  5.]  Costs of administration for the collection of any excise tax on

81-25  gasoline or other motor vehicle fuel must be limited to a sum not to exceed

81-26  1 percent of the total proceeds so collected.

81-27  [6.] 5.  All bills and charges against the state highway fund for

81-28  administration, construction, reconstruction, improvement and maintenance

81-29  of highways under the provisions of this chapter must be certified by the

81-30  director and must be presented to and examined by the state board of

81-31  examiners. When allowed by the state board of examiners and upon being

81-32  audited by the state controller, the state controller shall draw his warrant

81-33  therefor upon the state treasurer.

81-34  Sec. 149.  NRS 414.0315 is hereby amended to read as follows:

81-35  414.0315  “Chief” means the chief of the division of emergency

81-36  management of the department of [motor vehicles and] public safety.

81-37  Sec. 150.  NRS 414.040 is hereby amended to read as follows:

81-38  414.040  1.  A division of emergency management is hereby created

81-39  within the department of [motor vehicles and] public safety. The chief of

81-40  the division is appointed by and holds office at the pleasure of the director

81-41  of the department of [motor vehicles and] public safety. The division is the

81-42  state agency for emergency management and the state agency for civil

81-43  defense for the purposes of the compact ratified by the legislature pursuant

81-44  to NRS 415.010. The chief is the state’s director of emergency

81-45  management and the state’s director of civil defense for the purposes of

81-46  that compact.

81-47  2.  The chief may employ technical, clerical, stenographic and other

81-48  personnel as may be required, and may make such expenditures therefor

81-49  and for other expenses of his office within the appropriation therefor, or

82-1  from other money made available to him for purposes of emergency

82-2  management, as may be necessary to carry out the purposes of this chapter.

82-3    3.  The chief, subject to the direction and control of the director, shall

82-4  carry out the program for emergency management in this state. He shall

82-5  coordinate the activities of all organizations for emergency management

82-6  within the state, maintain liaison with and cooperate with agencies and

82-7  organizations of other states and of the Federal Government for emergency

82-8  management and carry out such additional duties as may be prescribed by

82-9  the director.

82-10  4.  The chief shall assist in the development of comprehensive,

82-11  coordinated plans for emergency management by adopting an integrated

82-12  process, using the partnership of governmental entities, business and

82-13  industry, volunteer organizations and other interested persons, for the

82-14  mitigation of, preparation for, response to and recovery from emergencies

82-15  or disasters. In adopting this process, he shall conduct activities designed

82-16  to:

82-17  (a) Eliminate or reduce the probability that an emergency will occur or

82-18  to reduce the effects of unavoidable disasters;

82-19  (b) Prepare state and local governmental agencies, private organizations

82-20  and other persons to be capable of responding appropriately if an

82-21  emergency or disaster occurs by fostering the adoption of plans for

82-22  emergency operations, conducting exercises to test those plans, training

82-23  necessary personnel and acquiring necessary resources;

82-24  (c) Test periodically plans for emergency operations to ensure that the

82-25  activities of state and local governmental agencies, private organizations

82-26  and other persons are coordinated;

82-27  (d) Provide assistance to victims, prevent further injury or damage to

82-28  persons or property and increase the effectiveness of recovery operations;

82-29  and

82-30  (e) Restore the operation of vital community life-support systems and

82-31  return persons and property affected by an emergency or disaster to a

82-32  condition that is comparable to or better than what existed before the

82-33  emergency or disaster occurred.

82-34  5.  The division shall perform the duties required pursuant to NRS

82-35  353.2753 at the request of a state agency or local government.

82-36  Sec. 151.  NRS 414.135 is hereby amended to read as follows:

82-37  414.135  1.  There is hereby created the emergency assistance account

82-38  within the disaster relief fund created pursuant to NRS 353.2735.

82-39  Beginning with the fiscal year that begins on July 1, 1999, the state

82-40  controller shall, at the end of each fiscal year, transfer the interest earned

82-41  during the previous fiscal year on the money in the disaster relief fund to

82-42  the account in an amount not to exceed $500,000.

82-43  2.  The division of emergency management of the department of [motor

82-44  vehicles and] public safety shall administer the account. The division may

82-45  adopt regulations authorized by this section before, on or after July 1,

82-46  1999.

82-47  3.  All expenditures from the account must be approved in advance by

82-48  the division. Except as otherwise provided in subsection 4, all money in the

82-49  account must be expended solely to:

83-1    (a) Provide supplemental emergency assistance to this state or to local

83-2  governments in this state that are severely and adversely affected by a

83-3  natural, technological or man-made emergency or disaster for which

83-4  available resources of this state or the local government are inadequate to

83-5  provide a satisfactory remedy; and

83-6    (b) Pay any actual expenses incurred by the division for administration

83-7  during a natural, technological or man-made emergency or disaster.

83-8    4.  Beginning with the fiscal year that begins on July 1, 1999, if any

83-9  balance remains in the account at the end of a fiscal year and the balance

83-10  has not otherwise been committed for expenditure, the division may, with

83-11  the approval of the interim finance committee, allocate all or any portion of

83-12  the remaining balance, not to exceed $250,000, to this state or to a local

83-13  government to:

83-14  (a) Purchase equipment or supplies required for emergency

83-15  management; and

83-16  (b) Provide training to personnel related to emergency management.

83-17  5.  Beginning with the fiscal year that begins on July 1, 1999, the

83-18  division shall, at the end of each quarter of a fiscal year, submit to the

83-19  interim finance committee a report of the expenditures made from the

83-20  account for the previous quarter.

83-21  6.  The division shall adopt such regulations as are necessary to

83-22  administer the account.

83-23  7.  The division may adopt regulations to provide for reimbursement of

83-24  expenditures made from the account. If the division requires such

83-25  reimbursement, the attorney general shall take such action as is necessary

83-26  to recover the amount of any unpaid reimbursement plus interest at a rate

83-27  determined pursuant to NRS 17.130, computed from the date on which the

83-28  money was removed from the fund, upon request by the division.

83-29  Sec. 152.  NRS 414.200 is hereby amended to read as follows:

83-30  414.200  The chief, with the advice of the board, shall appoint an

83-31  employee of the division of emergency management of the department of

83-32  [motor vehicles and] public safety as coordinator of search and rescue.

83-33  Sec. 153.  NRS 414.270 is hereby amended to read as follows:

83-34  414.270  A state disaster identification team is hereby established

83-35  within the division of emergency management of the department of [motor

83-36  vehicles and] public safety. The chief:

83-37  1.  Shall assign persons with expertise in various fields to the state

83-38  disaster identification team; and

83-39  2.  May activate such persons to perform the duties of the state disaster

83-40  identification team:

83-41  (a) During a state of emergency or declaration of disaster proclaimed

83-42  pursuant to NRS 414.070; or

83-43  (b) Upon the request of a political subdivision of this state if the chief

83-44  determines that the political subdivision requires the services of the state

83-45  disaster identification team.

83-46  Sec. 154.  NRS 414.290 is hereby amended to read as follows:

83-47  414.290  In carrying out its duties pursuant to NRS 414.280, the state

83-48  disaster identification team may have access to:

84-1    1.  The information that is contained in the central repository for

84-2  Nevada records of criminal history pursuant to NRS 179A.075.

84-3    2.  The records of criminal history maintained by an agency of criminal

84-4  justice pursuant to NRS 179A.100.

84-5    3.  The records of missing children maintained by the attorney general

84-6  pursuant to NRS 432.170.

84-7    4.  The records and information concerning missing persons maintained

84-8  by the investigation division of the department of [motor vehicles and]

84-9  public safety pursuant to [NRS 481.245.] section 31 of this act.

84-10  Sec. 155.  NRS 414.300 is hereby amended to read as follows:

84-11  414.300  The department of [motor vehicles and] public safety shall

84-12  adopt regulations to govern the state disaster identification team. The

84-13  regulations must include, without limitation:

84-14  1.  Guidelines for the chief to:

84-15  (a) Assign persons to positions on the state disaster identification team;

84-16  and

84-17  (b) Determine which members of the state disaster identification team

84-18  may be activated pursuant to NRS 414.270.

84-19  2.  Provisions governing the organization, administration and operation

84-20  of the state disaster identification team.

84-21  3.  The compensation, if any, to be paid by the department to a member

84-22  of the state disaster identification team who is activated pursuant to NRS

84-23  414.270.

84-24  Sec. 156.  NRS 425.393 is hereby amended to read as follows:

84-25  425.393  1.  The chief may request the following information to carry

84-26  out the provisions of this chapter:

84-27  (a) The records of the following public officers and state, county and

84-28  local agencies:

84-29     (1) The state registrar of vital statistics;

84-30     (2) Agencies responsible for maintaining records relating to state and

84-31  local taxes and revenue;

84-32     (3) Agencies responsible for keeping records concerning real

84-33  property and personal property for which a title must be obtained;

84-34     (4) All boards, commissions and agencies that issue occupational or

84-35  professional licenses, certificates or permits;

84-36     (5) The secretary of state;

84-37     (6) The employment security division of the department of

84-38  employment, training and rehabilitation;

84-39     (7) Agencies that administer public assistance;

84-40     (8) The department of motor vehicles ; [and public safety;]

84-41     (9) The department of public safety;

84-42     (10) The department of prisons; and

84-43     [(10)] (11) Law enforcement agencies and any other agencies that

84-44  maintain records of criminal history.

84-45  (b) The names and addresses of:

84-46     (1) The customers of public utilities and community antenna

84-47  television companies; and

84-48     (2) The employers of the customers described in subparagraph (1).

85-1    (c) Information in the possession of financial institutions relating to the

85-2  assets, liabilities and any other details of the finances of a person.

85-3    (d) Information in the possession of a public or private employer

85-4  relating to the employment, compensation and benefits of a person

85-5  employed by the employer as an employee or independent contractor.

85-6    2.  If a person or other entity fails to supply the information requested

85-7  pursuant to subsection 1, the administrator may issue a subpoena to compel

85-8  the person or entity to provide that information. A person or entity who

85-9  fails to comply with a request made pursuant to subsection 1 is subject to a

85-10  civil penalty not to exceed $500 for each failure to comply.

85-11  3.  A disclosure made in good faith pursuant to subsection 1 does not

85-12  give rise to any action for damages for the disclosure.

85-13  Sec. 157.  NRS 425.510 is hereby amended to read as follows:

85-14  425.510  1.  Each district attorney or other public agency collecting

85-15  support for children shall send a notice by first-class mail to each person

85-16  who:

85-17  (a) Has failed to comply with a subpoena or warrant relating to a

85-18  proceeding to determine the paternity of a child or to establish or enforce

85-19  an obligation for the support of a child; or

85-20  (b) Is in arrears in the payment for the support of one or more

85-21  children.

85-22  The notice must include the information set forth in subsection 2 and a

85-23  copy of the subpoena or warrant or a statement of the amount of the

85-24  arrearage.

85-25  2.  If the person does not, within 30 days after he receives the notice

85-26  required by subsection 1:

85-27  (a) Comply with the subpoena or warrant;

85-28  (b) Satisfy the arrearage pursuant to NRS 425.560; or

85-29  (c) Submit to the district attorney or other public agency a written

85-30  request for a hearing,

85-31  the district attorney or other public agency shall report the name of that

85-32  person to the department of motor vehicles . [and public safety.]

85-33  3.  If a person requests a hearing within the period prescribed in

85-34  subsection 2, a hearing must be held pursuant to NRS 425.3832. The

85-35  master shall notify the person of his recommendation at the conclusion of

85-36  the hearing or as soon thereafter as is practicable. If the master determines

85-37  that the person has failed to comply with a subpoena or warrant relating to

85-38  a proceeding to determine the paternity of a child or to establish or enforce

85-39  an obligation for the support of a child, he shall include in the notice the

85-40  information set forth in subsection 4. If the master determines that the

85-41  person is in arrears in the payment for the support of one or more children,

85-42  he shall include in the notice the information set forth in subsection 5.

85-43  4.  If the master determines that a person who requested a hearing

85-44  pursuant to subsection 2 has not complied with a subpoena or warrant

85-45  relating to a proceeding to determine the paternity of a child or to establish

85-46  or enforce an obligation for the support of a child and the district court

85-47  issues an order approving the recommendation of the master, the district

85-48  attorney or other public agency shall report the name of that person to the

85-49  department.

86-1    5.  If the master determines that a person who requested a hearing

86-2  pursuant to subsection 2 is in arrears in the payment for the support of one

86-3  or more children, the master shall notify the person that if he does not

86-4  immediately agree to enter into a plan for the repayment of the arrearages

86-5  that is approved by the district attorney or other public agency, his driver’s

86-6  license and motorcycle driver’s license may be subject to suspension. If the

86-7  person does not agree to enter into such a plan and the district court issues

86-8  an order approving the recommendation of the master, the district attorney

86-9  or other public agency shall report the name of that person to the

86-10  department[.] of motor vehicles.

86-11  6.  The district attorney or other public agency shall, within 5 days after

86-12  the person who has failed to comply with a subpoena or warrant or is in

86-13  arrears in the payment for the support of one or more children complies

86-14  with the subpoena or warrant or satisfies the arrearage pursuant to NRS

86-15  425.560, notify the department of motor vehicles that the person has

86-16  complied with the subpoena or warrant or has satisfied the arrearage.

86-17  7.  For the purposes of this section, a person shall be deemed to have

86-18  received a notice 3 days after it is mailed, by first-class mail, postage

86-19  prepaid, to that person at his last known address.

86-20  Sec. 158.  NRS 426.411 is hereby amended to read as follows:

86-21  426.411  “Department” means the department of motor vehicles . [and

86-22  public safety.]

86-23  Sec. 159.  NRS 432.170 is hereby amended to read as follows:

86-24  432.170  1.  The attorney general shall:

86-25  (a) Establish a program to coordinate activities and information in this

86-26  state concerning missing or exploited children; and

86-27  (b) Appoint a director to administer the provisions of the program.

86-28  2.  The director is in the unclassified service of the state. To assist the

86-29  director in carrying out the provisions of NRS 432.150 to 432.220,

86-30  inclusive, the attorney general may appoint such assistants or investigators

86-31  as deemed necessary by the attorney general.

86-32  3.  The director may:

86-33  (a) Assist any public or private school in establishing a program of

86-34  information about missing or exploited children by providing, free of

86-35  charge, materials, publications and instructional aids relating to:

86-36     (1) Offenses under federal and state law regarding missing or

86-37  exploited children and the abuse or neglect of children.

86-38     (2) Governmental and private agencies and programs for locating and

86-39  identifying missing or exploited children, preventing the abduction or

86-40  disappearance of children and preventing the abuse or neglect of children.

86-41     (3) Methods of preventing the abduction or disappearance of

86-42  children.

86-43     (4) Techniques for the investigation of cases involving missing or

86-44  exploited children.

86-45     (5) Any other issue involving missing or exploited children.

86-46  (b) Develop and maintain a system of information concerning missing

86-47  or exploited children, including information concerning public or private

86-48  resources which may be available to such children and their families.

87-1    (c) Accept gifts or donations on behalf of the clearinghouse which must

87-2  be accounted for separately and used by the director in carrying out the

87-3  provisions of NRS 432.150 to 432.220, inclusive.

87-4    (d) Enter into agreements with regional and national organizations for

87-5  assistance and exchange of information concerning missing or exploited

87-6  children.

87-7    (e) Assist in the investigation of children who are reported missing in

87-8  this state or who are reported abducted or taken from this state.

87-9    4.  The director may provide the materials, publications and

87-10  instructional aids identified in paragraph (a) of subsection 3 to any other

87-11  person or governmental agency for a reasonable fee not to exceed the cost

87-12  of preparing the materials.

87-13  5.  The director shall, upon request, provide records regarding a

87-14  missing child to the state disaster identification team of the division of

87-15  emergency management of the department of [motor vehicles and] public

87-16  safety.

87-17  Sec. 160.  NRS 432.200 is hereby amended to read as follows:

87-18  432.200  1.  A law enforcement agency shall accept every report of a

87-19  missing child which is submitted to the agency, including, but not limited

87-20  to, a report made by telephone. Upon receipt of such a report, the agency

87-21  shall immediately conduct a preliminary investigation and classify the

87-22  cause of the disappearance of the child as “runaway,” “abducted by his

87-23  parent,” “abducted by a stranger” or “cause of disappearance unknown,”

87-24  and shall:

87-25  (a) Transmit all available information about the child to the

87-26  clearinghouse and to the central repository for Nevada records of criminal

87-27  history within 36 hours after the report is received;

87-28  (b) Immediately notify such persons and make such inquiries

87-29  concerning the missing child as the agency deems necessary;

87-30  (c) Fully comply with the requirements of the National Child Search

87-31  Assistance Act of 1990 , [(]Title XXXVII of Public Law 101-647, 104

87-32  Stat. 4966 ; [);] and

87-33  (d) Enter into the National Crime Information Center’s Missing Person

87-34  File and the repository for information concerning missing persons within

87-35  the central repository for Nevada records of criminal history, as

87-36  miscellaneous information, any person reasonably believed to have

87-37  unlawfully abducted or detained the missing child, or aided or abetted such

87-38  unlawful abduction or detention.

87-39  2.  A law enforcement agency which has jurisdiction over the

87-40  investigation of an abducted child and which has obtained a warrant for the

87-41  arrest of a person suspected in the child’s disappearance or concealment

87-42  shall immediately notify the National Crime Information Center for the

87-43  entry into the Center’s Wanted Person File of identifying and descriptive

87-44  information concerning:

87-45  (a) The suspect; and

87-46  (b) As miscellaneous information, the missing child.

87-47  The agency shall cross-reference information entered pursuant to this

87-48  section with the National Crime Information Center’s Missing Person File

88-1  and with the repository for information concerning missing persons within

88-2  the central repository for Nevada records of criminal history.

88-3    3.  If a missing child is less than 16 years of age or has not been located

88-4  within 30 days after a report is filed, the law enforcement agency that

88-5  received the initial report shall, and the division or the central repository

88-6  for Nevada records of criminal history may:

88-7    (a) Send to the child’s parent or guardian a request for certain

88-8  identifying information regarding the child that the National Crime

88-9  Information Center recommends be provided; and

88-10  (b) Ask the child’s parent or guardian to provide such identifying

88-11  information regarding the child.

88-12  If a law enforcement agency receives the identifying information, it shall

88-13  transmit all information so released to it to the division and to the central

88-14  repository. The division and the central repository shall, upon its receipt of

88-15  the identifying information about the missing child, compare the

88-16  information with the information that is on file concerning unidentified

88-17  deceased children. This subsection does not preclude the voluntary release

88-18  of identifying information about the missing child by his parent or guardian

88-19  at any time.

88-20  4.  The parent or guardian of a child reported as missing shall promptly

88-21  notify the appropriate law enforcement agency if the child is found or

88-22  returned. The law enforcement agency shall then transmit that fact to the

88-23  National Crime Information Center, the central repository for Nevada

88-24  records of criminal history and the clearinghouse.

88-25  5.  As used in this section, “division” means the investigation division

88-26  of the department of [motor vehicles and] public safety.

88-27  Sec. 161.  NRS 432B.215 is hereby amended to read as follows:

88-28  432B.215  1.  An agency which provides protective services and the

88-29  division of child and family services may request the division of parole and

88-30  probation of the department of [motor vehicles and] public safety [for] to

88-31  provide information concerning a probationer or parolee that may assist the

88-32  agency or the division of child and family services in carrying out the

88-33  provisions of this chapter. The division of parole and probation shall

88-34  provide such information upon request.

88-35  2.  The agency which provides protective services or the division of

88-36  child and family services may use the information obtained pursuant to

88-37  subsection 1 only for the limited purpose of carrying out the provisions of

88-38  this chapter.

88-39  Sec. 162.  NRS 432B.290 is hereby amended to read as follows:

88-40  432B.290  1.  Except as otherwise provided in subsections 2 and 3,

88-41  data or information concerning reports and investigations thereof made

88-42  pursuant to this chapter may be made available only to:

88-43  (a) A physician, if the physician has before him a child who he has

88-44  reasonable cause to believe has been abused or neglected;

88-45  (b) A person authorized to place a child in protective custody, if the

88-46  person has before him a child who he has reasonable cause to believe has

88-47  been abused or neglected and the person requires the information to

88-48  determine whether to place the child in protective custody;

89-1    (c) An agency, including, without limitation, an agency in another

89-2  jurisdiction, responsible for or authorized to undertake the care, treatment

89-3  or supervision of:

89-4      (1) The child; or

89-5      (2) The person responsible for the welfare of the child;

89-6    (d) A district attorney or other law enforcement officer who requires the

89-7  information in connection with an investigation or prosecution of the abuse

89-8  or neglect of a child;

89-9    (e) A court, for in camera inspection only, unless the court determines

89-10  that public disclosure of the information is necessary for the determination

89-11  of an issue before it;

89-12  (f) A person engaged in bona fide research or an audit, but information

89-13  identifying the subjects of a report must not be made available to him;

89-14  (g) The attorney and the guardian ad litem of the child;

89-15  (h) A grand jury upon its determination that access to these records is

89-16  necessary in the conduct of its official business;

89-17  (i) A federal, state or local governmental entity, or an agency of such an

89-18  entity, that needs access to the information to carry out its legal

89-19  responsibilities to protect children from abuse and neglect;

89-20  (j) A team organized pursuant to NRS 432B.350 for the protection of a

89-21  child;

89-22  (k) A team organized pursuant to NRS 432B.405 to review the death of

89-23  a child;

89-24  (l) A parent or legal guardian of the child, if the identity of the person

89-25  responsible for reporting the alleged abuse or neglect of the child to a

89-26  public agency is kept confidential;

89-27  (m) The persons who are the subject of a report;

89-28  (n) An agency that is authorized by law to license foster homes or

89-29  facilities for children or to investigate persons applying for approval to

89-30  adopt a child, if the agency has before it an application for that license or is

89-31  investigating an applicant to adopt a child;

89-32  (o) Upon written consent of the parent, any officer of this state or a city

89-33  or county thereof or legislator authorized, by the agency or department

89-34  having jurisdiction or by the legislature, acting within its jurisdiction, to

89-35  investigate the activities or programs of an agency that provides protective

89-36  services if:

89-37     (1) The identity of the person making the report is kept confidential;

89-38  and

89-39     (2) The officer, legislator or a member of his family is not the person

89-40  alleged to have committed the abuse or neglect;

89-41  (p) The division of parole and probation of the department of [motor

89-42  vehicles and] public safety for use pursuant to NRS 176.135 in making a

89-43  presentence investigation and report to the district court or pursuant to

89-44  NRS 176.151 in making a general investigation and report;

89-45  (q) The rural advisory board to expedite proceedings for the placement

89-46  of children created pursuant to NRS 432B.602 or a local advisory board to

89-47  expedite proceedings for the placement of children created pursuant to

89-48  NRS 432B.604; or

90-1    (r) The panel established pursuant to NRS 432B.396 to evaluate

90-2  agencies which provide protective services.

90-3    2.  An agency investigating a report of the abuse or neglect of a child

90-4  shall, upon request, provide to a person named in the report as allegedly

90-5  causing the abuse or neglect of the child:

90-6    (a) A copy of:

90-7      (1) Any statement made in writing to an investigator for the agency

90-8  by the person named in the report as allegedly causing the abuse or neglect

90-9  of the child; or

90-10     (2) Any recording made by the agency of any statement made orally

90-11  to an investigator for the agency by the person named in the report as

90-12  allegedly causing the abuse or neglect of the child; or

90-13  (b) A written summary of the allegations made against the person who

90-14  is named in the report as allegedly causing the abuse or neglect of the

90-15  child. The summary must not identify the person responsible for reporting

90-16  the alleged abuse or neglect.

90-17  3.  An agency which provides protective services shall disclose the

90-18  identity of a person who makes a report or otherwise initiates an

90-19  investigation pursuant to this chapter if a court, after reviewing the record

90-20  in camera and determining that there is reason to believe that the person

90-21  knowingly made a false report, orders the disclosure.

90-22  4.  Any person, except for:

90-23  (a) The subject of a report;

90-24  (b) A district attorney or other law enforcement officer initiating legal

90-25  proceedings; or

90-26  (c) An employee of the division of parole and probation of the

90-27  department of [motor vehicles and] public safety making a presentence

90-28  investigation and report to the district court pursuant to NRS 176.135 or

90-29  making a general investigation and report pursuant to NRS 176.151,

90-30  who is given access, pursuant to subsection 1, to information identifying

90-31  the subjects of a report and who makes this information public is guilty of a

90-32  misdemeanor.

90-33  5.  The division of child and family services shall adopt regulations to

90-34  carry out the provisions of this section.

90-35  Sec. 163.  NRS 432B.610 is hereby amended to read as follows:

90-36  432B.610  1.  The peace officers’ standards and training commission

90-37  shall:

90-38  (a) Require each category I peace officer to complete a program of

90-39  training for the detection and investigation of and response to cases of

90-40  sexual abuse or sexual exploitation of children under the age of 18 years.

90-41  (b) Not certify any person as a category I peace officer unless he has

90-42  completed the program of training required pursuant to paragraph (a).

90-43  (c) Establish a program to provide the training required pursuant to

90-44  paragraph (a).

90-45  (d) Adopt regulations necessary to carry out the provisions of this

90-46  section.

90-47  2.  As used in this section, “category I peace officer” means:

90-48  (a) Sheriffs of counties and of metropolitan police departments, their

90-49  deputies and correctional officers;

91-1    (b) Personnel of the Nevada highway patrol appointed to exercise the

91-2  police powers specified in [NRS 481.150 and 481.180;] sections 17 and 20

91-3  of this act;

91-4    (c) Marshals, policemen and correctional officers of cities and towns;

91-5    (d) Members of the police department of the University and Community

91-6  College System of Nevada;

91-7    (e) Employees of the division of state parks of the state department of

91-8  conservation and natural resources designated by the administrator of the

91-9  division who exercise police powers specified in NRS 289.260;

91-10  (f) The chief, investigators and agents of the investigation division of

91-11  the department of [motor vehicles and] public safety; and

91-12  (g) The personnel of the division of wildlife of the state department of

91-13  conservation and natural resources who exercise those powers of

91-14  enforcement conferred by Title 45 and chapter 488 of NRS.

91-15  Sec. 164.  NRS 439.255 is hereby amended to read as follows:

91-16  439.255  1.  The state board of health shall adopt by regulation the

91-17  types of portable manual masks and face shields that are approved by the

91-18  board to assist in the prevention of the spread of communicable diseases

91-19  during the administration of cardiopulmonary resuscitation. An approved

91-20  mask or face shield may not weigh more than 1 pound.

91-21  2.  Except as otherwise provided in subsection 3, every employer shall,

91-22  without charge to the peace officer or fireman, provide each peace officer,

91-23  whether or not he is on duty, and each fireman who is on duty, whether

91-24  paid or voluntary, with:

91-25  (a) A portable manual mask and face shield approved by the board; and

91-26  (b) Initial training and instruction in the use of the

91-27  equipment.

91-28  The mask, shield and training must be provided not later than 30 days after

91-29  the first day of employment. The employer shall provide refresher courses

91-30  in the use of the equipment when necessary.

91-31  3.  An employer may apply to the health division for a waiver of the

91-32  requirements of subsection 2 with regard to each peace officer or fireman

91-33  who, in the normal course of his employment, is not likely ever to

91-34  administer cardiopulmonary resuscitation. The application must be in

91-35  writing, specify the reasons why the employee is not likely in the normal

91-36  course of his employment ever to administer cardiopulmonary resuscitation

91-37  and be sworn to by the employer or his authorized representative. The

91-38  health division shall grant or deny the waiver based on the information

91-39  contained in the application.

91-40  4.  A waiver granted pursuant to subsection 3 expires upon any change

91-41  in the duties of the peace officer or fireman which make it likely that he

91-42  will administer cardiopulmonary resuscitation at some time in the normal

91-43  course of his employment. The date of the change in duties shall be

91-44  deemed to be the first day of employment for purposes of subsection 2.

91-45  5.  An injury or illness which results from the use of a mask or shield

91-46  by a peace officer or fireman pursuant to subsection 2 may not be

91-47  considered as negligence or as causation in any civil action brought against

91-48  a peace officer or fireman or his employer.

91-49  6.  As used in this section:

92-1    (a) “Employer” means any person who employs or provides equipment

92-2  to a fireman or peace officer, including the State of Nevada and its political

92-3  subdivisions.

92-4    (b) “Peace officer” means:

92-5      (1) Sheriffs of counties and of metropolitan police departments and

92-6  their deputies;

92-7      (2) Personnel of the Nevada highway patrol when exercising the

92-8  police powers specified in [NRS 481.150 and 481.180;] sections 17 and 20

92-9  of this act; and

92-10     (3) Marshals and policemen of cities and towns.

92-11  Sec. 165.  NRS 439.270 is hereby amended to read as follows:

92-12  439.270  1.  The state board of health shall define epilepsy for the

92-13  purposes of the reports hereinafter referred to in this section.

92-14  2.  All physicians shall report immediately to the health division, in

92-15  writing, the name, age and address of every person diagnosed as a case of

92-16  epilepsy.

92-17  3.  The health division shall report, in writing, to the department of

92-18  motor vehicles [and public safety] the name, age and address of every

92-19  person reported to it as a case of epilepsy.

92-20  4.  The reports are for the information of the department of motor

92-21  vehicles [and public safety] and must be kept confidential and used solely

92-22  to determine the eligibility of any person to operate a vehicle on the streets

92-23  and highways of this state.

92-24  5.  A violation of this section is a misdemeanor.

92-25  Sec. 166.  NRS 445B.200 is hereby amended to read as follows:

92-26  445B.200  1.  The state environmental commission is hereby created

92-27  within the state department of conservation and natural resources. The

92-28  commission consists of:

92-29  (a) The administrator of the division of wildlife of the department;

92-30  (b) The state forester firewarden;

92-31  (c) The state engineer;

92-32  (d) The director of the state department of agriculture;

92-33  (e) The administrator of the division of minerals of the commission on

92-34  mineral resources;

92-35  (f) A member of the state board of health to be designated by that board;

92-36  and

92-37  (g) Five members appointed by the governor, one of whom is a general

92-38  engineering contractor or a general building contractor licensed pursuant to

92-39  chapter 624 of NRS and one of whom possesses expertise in performing

92-40  mining reclamation.

92-41  2.  The governor shall appoint the chairman of the commission from

92-42  among the members of the commission.

92-43  3.  A majority of the members constitutes a quorum, and a majority of

92-44  those present must concur in any decision.

92-45  4.  Each member who is appointed by the governor is entitled to

92-46  receive a salary of not more than $80, as fixed by the commission, for each

92-47  day’s attendance at a meeting of the commission.

93-1    5.  While engaged in the business of the commission, each member and

93-2  employee of the commission is entitled to receive the per diem allowance

93-3  and travel expenses provided for state officers and employees generally.

93-4    6.  Any person who receives or has received during the previous 2

93-5  years a significant portion of his income, as defined by any applicable state

93-6  or federal law, directly or indirectly from one or more holders of or

93-7  applicants for a permit required by NRS 445A.300 to 445A.730, inclusive,

93-8  is disqualified from serving as a member of the commission. The

93-9  provisions of this subsection do not apply to any person who receives or

93-10  has received during the previous 2 years, a significant portion of his

93-11  income from any department or agency of state government which is a

93-12  holder of or an applicant for a permit required by NRS 445A.300 to

93-13  445A.730, inclusive.

93-14  7.  The state department of conservation and natural resources shall

93-15  provide technical advice, support and assistance to the commission. All

93-16  state officers, departments, commissions and agencies, including the

93-17  department of transportation, the department of human resources, the

93-18  University and Community College System of Nevada, the state public

93-19  works board, the department of motor vehicles [and] , the department of

93-20  public safety, the public utilities commission of Nevada, the transportation

93-21  services authority and the state department of agriculture may also provide

93-22  technical advice, support and assistance to the commission.

93-23  Sec. 167.  NRS 445B.705 is hereby amended to read as follows:

93-24  445B.705  “Approved inspector” means a person licensed by the

93-25  department of motor vehicles [and public safety] to inspect motor vehicles

93-26  and devices for the control of pollution for an authorized station or

93-27  authorized inspection station.

93-28  Sec. 168.  NRS 445B.710 is hereby amended to read as follows:

93-29  445B.710  “Authorized inspection station” means a station licensed by

93-30  the department of motor vehicles [and public safety] for inspecting motor

93-31  vehicles and devices for the control of pollution for compliance with this

93-32  chapter or any applicable federal regulation or regulation of the

93-33  commission.

93-34  Sec. 169.  NRS 445B.715 is hereby amended to read as follows:

93-35  445B.715  “Authorized maintenance station” means a station licensed

93-36  by the department of motor vehicles [and public safety] for installing,

93-37  repairing and adjusting devices for the control of pollution to meet the

93-38  commission’s requirements.

93-39  Sec. 170.  NRS 445B.720 is hereby amended to read as follows:

93-40  445B.720  “Authorized station” means a station licensed by the

93-41  department of motor vehicles [and public safety] for inspecting motor

93-42  vehicles and devices for the control of pollution for compliance with this

93-43  chapter or any applicable federal regulation or regulation of the

93-44  commission and for installing, repairing and adjusting such devices to meet

93-45  the commission’s requirements.

93-46  Sec. 171.  NRS 445B.758 is hereby amended to read as follows:

93-47  445B.758  “Used motor vehicle” means a motor vehicle that has been

93-48  registered for not less than 2 years with:

93-49  1.  The department of motor vehicles ; [and public safety;]

94-1    2.  The appropriate agency of any other state, the District of Columbia,

94-2  any territory or possession of the United States, any foreign country or any

94-3  state or province of a foreign country; or

94-4    3.  Any combination of the agencies described in subsections 1 and 2.

94-5    Sec. 172.  NRS 445B.760 is hereby amended to read as follows:

94-6    445B.760  1.  The state environmental commission may by regulation

94-7  prescribe standards for exhaust emissions, fuel evaporative emissions and

94-8  visible emissions of smoke from mobile internal combustion engines on the

94-9  ground or in the air, including, but not limited to, aircraft, motor vehicles,

94-10  snowmobiles and railroad locomotives. The regulations must:

94-11  (a) Provide for the exemption from such standards of restored vehicles

94-12  for which special license plates have been issued pursuant to NRS 482.381,

94-13  482.3812, 482.3814 or 482.3816.

94-14  (b) Establish criteria for the condition and functioning of a restored

94-15  vehicle to qualify for the exemption, and provide that the evaluation of the

94-16  condition and functioning of such a vehicle may be conducted at an

94-17  authorized inspection station or authorized station as defined in NRS

94-18  445B.710 and 445B.720, respectively.

94-19  (c) Define “restored vehicle” for the purposes of the regulations.

94-20  2.  Standards for exhaust emissions which apply to a trimobile must be

94-21  based on standards which were in effect in the year in which the engine of

94-22  the trimobile was built.

94-23  3.  Any such standards which pertain to motor vehicles must be

94-24  approved by the department of motor vehicles [and public safety] before

94-25  they are adopted by the commission.

94-26  Sec. 173.  NRS 445B.765 is hereby amended to read as follows:

94-27  445B.765  1.  The commission, in cooperation with the department of

94-28  motor vehicles , [and public safety,] shall adopt regulations which establish

94-29  procedures for collecting, interpreting and correlating information

94-30  concerning programs to control emissions from motor vehicles and any

94-31  benefits which result from an inspection program.

94-32  2.  All information received by the commission or the department of

94-33  motor vehicles [and public safety] is open to public inspection.

94-34  Sec. 174.  NRS 445B.770 is hereby amended to read as follows:

94-35  445B.770  1.  In any county whose population is 100,000 or more, the

94-36  commission shall, in cooperation with the department of motor vehicles

94-37  [and public safety] and any local air pollution control agency, adopt

94-38  regulations for the control of emissions from motor vehicles in areas of the

94-39  county designated by the commission.

94-40  2.  In any county whose population is less than 100,000, if the

94-41  commission determines that it is feasible and practicable to carry out a

94-42  program of inspecting and testing motor vehicles and systems for the

94-43  control of emissions from motor vehicles, and if carrying out the program

94-44  is deemed necessary to achieve or maintain the prescribed standards for the

94-45  quality of ambient air in areas of the state designated by the commission,

94-46  the commission shall, in cooperation with the department of motor vehicles

94-47  [and public safety] and any local air pollution control agency established

94-48  under NRS 445B.500 which has jurisdiction in a designated area, adopt

95-1  regulations and transportation controls as may be necessary to carry out the

95-2  program.

95-3    3.  The regulations [shall] must distinguish between light-duty and

95-4  heavy-duty motor vehicles and may prescribe:

95-5    (a) Appropriate criteria and procedures for the approval, installation and

95-6  use of devices for the control of emissions from motor vehicles; and

95-7    (b) Requirements for the proper maintenance of such devices and motor

95-8  vehicles.

95-9    4.  The regulations [shall] must establish:

95-10  (a) Requirements by which the department of motor vehicles [and

95-11  public safety] shall license authorized stations to inspect, repair, adjust and

95-12  install devices for the control of emissions for motor vehicles, including

95-13  criteria by which any person may become qualified to inspect, repair,

95-14  adjust and install those devices.

95-15  (b) Requirements by which the department of motor vehicles [and

95-16  public safety] may license an owner or lessee of a fleet of three or more

95-17  vehicles as a fleet station if the owner or lessee complies with the

95-18  regulations of the commission. The fleet station shall only certify vehicles

95-19  which constitute that fleet.

95-20  (c) Requirements by which the department of motor vehicles provides

95-21  for inspections of motor vehicles owned by this state and any of its

95-22  political subdivisions.

95-23  5.  The commission shall consider, before adopting any regulation or

95-24  establishing any criteria pursuant to paragraph (a) of subsection 3:

95-25  (a) The availability of devices adaptable to specific makes, models and

95-26  years of motor vehicles.

95-27  (b) The effectiveness of those devices for reducing the emission of each

95-28  type of air pollutant under conditions in this state.

95-29  (c) The capability of those devices for reducing any particular type or

95-30  types of pollutants without significantly increasing the emission of any

95-31  other type or types of pollutant.

95-32  (d) The capacity of any manufacturer to produce and distribute the

95-33  particular device in such quantities and at such times as will meet the

95-34  estimated needs in Nevada.

95-35  (e) The reasonableness of the retail cost of the device and the cost of its

95-36  installation and maintenance over the life of the device and the motor

95-37  vehicle.

95-38  (f) The ease of determining whether any such installed device is

95-39  functioning properly.

95-40  Sec. 175.  NRS 445B.775 is hereby amended to read as follows:

95-41  445B.775  The regulations adopted pursuant to NRS 445B.770 must

95-42  establish requirements by which the department of motor vehicles [and

95-43  public safety] may license:

95-44  1.  Authorized inspection stations, including criteria by which any

95-45  person may become qualified to inspect devices for the control of

95-46  emissions for motor vehicles.

95-47  2.  Authorized maintenance stations, including criteria by which any

95-48  person may become qualified to install, repair and adjust devices for the

95-49  control of emissions for motor vehicles.

96-1    3.  Authorized stations, including criteria by which any person may

96-2  become qualified to inspect, repair, adjust and install devices for the

96-3  control of emissions for motor vehicles.

96-4    Sec. 176.  NRS 445B.777 is hereby amended to read as follows:

96-5    445B.777  1.  An applicant for the issuance or renewal of a license to

96-6  inspect, repair, adjust or install devices for the control of emissions of

96-7  motor vehicles issued pursuant to NRS 445B.775 shall submit to the

96-8  department of motor vehicles [and public safety] the statement prescribed

96-9  by the welfare division of the department of human resources pursuant to

96-10  NRS 425.520. The statement must be completed and signed by the

96-11  applicant.

96-12  2.  The department of motor vehicles [and public safety] shall include

96-13  the statement required pursuant to subsection 1 in:

96-14  (a) The application or any other forms that must be submitted for the

96-15  issuance or renewal of the license; or

96-16  (b) A separate form prescribed by the department of motor vehicles .

96-17  [and public safety.]

96-18  3.  A license to inspect, repair, adjust or install devices for the control

96-19  of emissions of motor vehicles may not be issued or renewed by the

96-20  department of motor vehicles [and public safety] if the applicant:

96-21  (a) Fails to submit the statement required pursuant to subsection 1; or

96-22  (b) Indicates on the statement submitted pursuant to subsection 1 that he

96-23  is subject to a court order for the support of a child and is not in

96-24  compliance with the order or a plan approved by the district attorney or

96-25  other public agency enforcing the order for the repayment of the amount

96-26  owed pursuant to the order.

96-27  4.  If an applicant indicates on the statement submitted pursuant to

96-28  subsection 1 that he is subject to a court order for the support of a child and

96-29  is not in compliance with the order or a plan approved by the district

96-30  attorney or other public agency enforcing the order for the repayment of

96-31  the amount owed pursuant to the order, the department of motor vehicles

96-32  [and public safety] shall advise the applicant to contact the district attorney

96-33  or other public agency enforcing the order to determine the actions that the

96-34  applicant may take to satisfy the arrearage.

96-35  Sec. 177.  NRS 445B.778 is hereby amended to read as follows:

96-36  445B.778  1.  If the department of motor vehicles [and public safety]

96-37  receives a copy of a court order issued pursuant to NRS 425.540 that

96-38  provides for the suspension of all professional, occupational and

96-39  recreational licenses, certificates and permits issued to a person who is the

96-40  holder of a license to inspect, repair, adjust or install devices for the control

96-41  of emissions of motor vehicles, the department of motor vehicles [and

96-42  public safety] shall deem the license issued to that person to be suspended

96-43  at the end of the 30th day after the date on which the court order was issued

96-44  unless the department of motor vehicles [and public safety] receives a letter

96-45  issued to the holder of the license by the district attorney or other public

96-46  agency pursuant to NRS 425.550 stating that the holder of the license has

96-47  complied with the subpoena or warrant or has satisfied the arrearage

96-48  pursuant to NRS 425.560.

97-1    2.  The department of motor vehicles [and public safety] shall reinstate

97-2  a license to inspect, repair, adjust or install devices for the control of

97-3  emissions of motor vehicles that has been suspended by a district court

97-4  pursuant to NRS 425.540 if the department of motor vehicles [and public

97-5  safety] receives a letter issued by the district attorney or other public

97-6  agency pursuant to NRS 425.550 to the person whose license was

97-7  suspended stating that the person whose license was suspended has

97-8  complied with the subpoena or warrant or has satisfied the arrearage

97-9  pursuant to NRS 425.560.

97-10  Sec. 178.  NRS 445B.785 is hereby amended to read as follows:

97-11  445B.785  1.  The department of motor vehicles [and public safety]

97-12  shall adopt regulations which:

97-13  (a) Prescribe requirements for licensing authorized inspection stations,

97-14  authorized maintenance stations, authorized stations and fleet stations.

97-15  (b) Prescribe the manner in which authorized inspection stations,

97-16  authorized stations and fleet stations inspect motor vehicles and issue

97-17  evidence of compliance.

97-18  (c) Prescribe the diagnostic equipment necessary to perform the

97-19  required inspection. The regulations must ensure that the equipment

97-20  complies with any applicable standards of the United States Environmental

97-21  Protection Agency.

97-22  (d) Provide for any fee, bond or insurance which is necessary to carry

97-23  out the provisions of NRS 445B.700 to 445B.815, inclusive.

97-24  (e) Provide for the issuance of a pamphlet for distribution to owners of

97-25  motor vehicles. The pamphlet must contain information explaining the

97-26  reasons for and the methods of the inspections.

97-27  2.  The department of motor vehicles [and public safety] shall issue a

97-28  copy of the regulations to each authorized inspection station, authorized

97-29  maintenance station, authorized station and fleet station.

97-30  Sec. 179.  NRS 445B.790 is hereby amended to read as follows:

97-31  445B.790  1.  The department of motor vehicles [and public safety]

97-32  shall establish procedures for inspecting authorized inspection stations,

97-33  authorized maintenance stations, authorized stations and fleet stations, and

97-34  may require the holder of a license for an authorized inspection station,

97-35  authorized maintenance station, authorized station or fleet station to submit

97-36  any material or document which is used in the program to control

97-37  emissions from motor vehicles.

97-38  2.  The department may deny, suspend or revoke the license of an

97-39  approved inspector, authorized inspection station, authorized maintenance

97-40  station, authorized station or fleet station if:

97-41  (a) The approved inspector or the holder of a license for an authorized

97-42  inspection station, authorized maintenance station, authorized station or

97-43  fleet station is not complying with the provisions of NRS 445B.700 to

97-44  445B.815, inclusive.

97-45  (b) The holder of a license for an authorized inspection station,

97-46  authorized maintenance station, authorized station or fleet station refuses to

97-47  furnish the department with the requested material or document.

98-1    (c) The approved inspector has issued a fraudulent certificate of

98-2  compliance, whether intentionally or negligently. A “fraudulent certificate”

98-3  includes, but is not limited to:

98-4      (1) A backdated certificate;

98-5      (2) A postdated certificate; and

98-6      (3) A certificate issued without an inspection.

98-7    (d) The approved inspector does not follow the prescribed test

98-8  procedure.

98-9    Sec. 180.  NRS 445B.798 is hereby amended to read as follows:

98-10  445B.798  In a county whose population is 100,000 or more, the

98-11  department of motor vehicles [and public safety] may conduct a test of the

98-12  emissions from a motor vehicle which is being operated on a highway in

98-13  that county to determine whether the vehicle complies with the provisions

98-14  of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted

98-15  pursuant thereto.

98-16  Sec. 181.  NRS 445B.810 is hereby amended to read as follows:

98-17  445B.810  In furtherance of the provisions of NRS 445B.700 to

98-18  445B.845, inclusive, and the enforcement thereof, the state department of

98-19  conservation and natural resources shall consult with the department of

98-20  motor vehicles [and public safety] and furnish [them] it with technical

98-21  information, including testing techniques, procedures for quality assurance

98-22  and standards adopted by the commission , and instruction for emission

98-23  control features and equipment.

98-24  Sec. 182.  NRS 445B.815 is hereby amended to read as follows:

98-25  445B.815  1.  Except as otherwise provided in subsection 2, persons

98-26  employed at branch offices of the department of motor vehicles [and public

98-27  safety] and the offices of county assessors who are acting as agents of the

98-28  department in the collection of fees for registration, shall not register:

98-29  (a) A passenger car or light-duty motor vehicle which:

98-30     (1) Uses diesel fuel;

98-31     (2) Is based in a county whose population is 100,000 or more; and

98-32     (3) Requires inspection pursuant to the regulations adopted by the

98-33  commission under NRS 445B.770; or

98-34  (b) A vehicle which:

98-35     (1) Is based in an area of this state designated by the commission; and

98-36     (2) Requires inspection pursuant to the regulations adopted by the

98-37  commission under NRS 445B.770,

98-38  until evidence of compliance with NRS 445B.700 to 445B.845, inclusive,

98-39  has been provided.

98-40  2.  An owner or lessee of a fleet of three or more vehicles may, upon

98-41  application to the department of motor vehicles , [and public safety,]

98-42  submit evidence of compliance for his motor vehicles in a manner

98-43  determined by that department.

98-44  Sec. 183.  NRS 445B.830 is hereby amended to read as follows:

98-45  445B.830  1.  In areas of the state where and when a program is

98-46  commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the

98-47  following fees must be paid to the department of motor vehicles [and

98-48  public safety] and accounted for in the pollution control account, which is

98-49  hereby created in the state general fund:

99-1    (a) For the issuance and annual renewal of a license for an

99-2  authorized inspection station, authorized maintenance station,

99-3  authorized station or fleet station............. $25

99-4    (b) For each set of 25 forms certifying emission control

99-5  compliance............................................ 125

99-6    (c) For each form issued to a fleet station.. 5

99-7    2.  Except as otherwise provided in subsections 4, 5 and 6, and after

99-8  deduction of the amount required for grants pursuant to paragraph (a) of

99-9  subsection 4, money in the pollution control account may, pursuant to

99-10  legislative appropriation or with the approval of the interim finance

99-11  committee, be expended by the following agencies in the following order

99-12  of priority:

99-13  (a) The department of motor vehicles [and public safety] to carry out the

99-14  provisions of NRS 445B.770 to 445B.845, inclusive.

99-15  (b) The state department of conservation and natural resources to carry

99-16  out the provisions of this chapter.

99-17  (c) The state department of agriculture to carry out the provisions of

99-18  NRS 590.010 to 590.150, inclusive.

99-19  (d) The Tahoe Regional Planning Agency to carry out the provisions of

99-20  NRS 277.200 with respect to the preservation and improvement of air

99-21  quality in the Lake Tahoe Basin.

99-22  3.  The department of motor vehicles [and public safety] may prescribe

99-23  by regulation routine fees for inspection at the prevailing shop labor rate,

99-24  including, without limitation, maximum charges for those fees, and for the

99-25  posting of those fees in a conspicuous place at an authorized inspection

99-26  station or authorized station.

99-27  4.  The department of motor vehicles [and public safety] shall by

99-28  regulation establish a program to award grants of money in the pollution

99-29  control account to local governmental agencies in nonattainment or

99-30  maintenance areas for carbon monoxide for programs related to the

99-31  improvement of the quality of air. The grants to agencies in a county

99-32  pursuant to this subsection must be made from:

99-33  (a) An amount of money in the pollution control account that is equal to

99-34  one-fifth of the amount received for each form issued in the county

99-35  pursuant to subsection 1; and

99-36  (b) Excess money in the pollution control account. As used in this

99-37  paragraph, “excess money” means the money in excess of $500,000

99-38  remaining in the pollution control account at the end of the fiscal year, after

99-39  deduction of the amount required for grants pursuant to paragraph (a) and

99-40  any disbursements made from the account pursuant to subsection 2.

99-41  5.  Any regulations adopted pursuant to subsection 4 must provide for

99-42  the creation of an advisory committee consisting of representatives of state

99-43  and local agencies involved in the control of emissions from motor

99-44  vehicles. The committee shall:

99-45  (a) Review applications for grants and make recommendations for their

99-46  approval, rejection or modification;

99-47  (b) Establish goals and objectives for the program for control of

99-48  emissions from motor vehicles;

99-49  (c) Identify areas where funding should be made available; and

100-1  (d) Review and make recommendations concerning regulations adopted

100-2  pursuant to subsection 4 or NRS 445B.770.

100-3  6.  Grants proposed pursuant to subsections 4 and 5 must be submitted

100-4  to the appropriate deputy director of the [motor vehicles branch of the]

100-5  department of motor vehicles [and public safety] and the administrator of

100-6  the division of environmental protection of the state department of

100-7  conservation and natural resources. Proposed grants approved by the

100-8  appropriate deputy director and the administrator must not be awarded

100-9  until approved by the interim finance committee.

100-10     Sec. 184.  NRS 445B.835 is hereby amended to read as follows:

100-11     445B.835  1.  The department of motor vehicles [and public safety]

100-12  may impose an administrative fine, not to exceed $2,500, for a violation of

100-13  any provision of NRS 445B.700 to 445B.845, inclusive, or any rule,

100-14  regulation or order adopted or issued pursuant thereto. The department

100-15  shall afford to any person so fined an opportunity for a hearing pursuant to

100-16  the provisions of NRS 233B.121.

100-17     2.  All administrative fines collected by the department pursuant to

100-18  subsection 1 must be deposited with the state treasurer to the credit of the

100-19  pollution control account.

100-20     3.  In addition to any other remedy provided by NRS 445B.700 to

100-21  445B.845, inclusive, the department may compel compliance with any

100-22  provision of NRS 445B.700 to 445B.845, inclusive, and any rule,

100-23  regulation or order adopted or issued pursuant thereto, by injunction or

100-24  other appropriate remedy and the department may institute and maintain in

100-25  the name of the State of Nevada any such enforcement proceedings.

100-26     Sec. 185.  NRS 445B.840 is hereby amended to read as follows:

100-27     445B.840  It is unlawful for any person to:

100-28     1.  Possess any unauthorized evidence of compliance;

100-29     2.  Make, issue or use any imitation or counterfeit evidence of

100-30  compliance;

100-31     3.  Willfully and knowingly fail to comply with the provisions of NRS

100-32  445B.700 to 445B.815, inclusive, or any regulation adopted by the

100-33  department of motor vehicles ; [and public safety;] or

100-34     4.  Issue evidence of compliance if he is not a licensed inspector of an

100-35  authorized inspection station, authorized station or fleet station.

100-36     Sec. 186.  NRS 445B.845 is hereby amended to read as follows:

100-37     445B.845  1.  A violation of any provision of NRS 445B.700 to

100-38  445B.845, inclusive, relating to motor vehicles, or any regulation adopted

100-39  pursuant thereto relating to motor vehicles, is a misdemeanor. The

100-40  provisions of NRS 445B.700 to 445B.845, inclusive, or any regulation

100-41  adopted pursuant thereto, must be enforced by any peace officer.

100-42     2.  Satisfactory evidence that the motor vehicle or its equipment

100-43  conforms to those provisions or regulations, when supplied by the owner of

100-44  the motor vehicle to the department of motor vehicles [and public safety]

100-45  within 10 days after the issuance of a citation pursuant to subsection 1, may

100-46  be accepted by the court as a complete or partial mitigation of the offense.

 

 

 

101-1  Sec. 187.  NRS 451.532 is hereby amended to read as follows:

101-2  451.532  “Identification card” means an identification card issued by

101-3  the department of motor vehicles [and public safety] pursuant to chapter

101-4  483 of NRS.

101-5  Sec. 188.  NRS 451.573 is hereby amended to read as follows:

101-6  451.573  The department of motor vehicles [and public safety] and its

101-7  representatives are not liable for damages in a civil action or subject to

101-8  prosecution in any criminal proceeding on account of any entry on a

101-9  driver’s license or identification card issued by the department.

101-10     Sec. 189.  NRS 453.076 is hereby amended to read as follows:

101-11     453.076  “Division” means the investigation division of the department

101-12  of [motor vehicles and] public safety.

101-13     Sec. 190.  NRS 453.3363 is hereby amended to read as follows:

101-14     453.3363  1.  If a person who has not previously been convicted of

101-15  any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to

101-16  any statute of the United States or of any state relating to narcotic drugs,

101-17  marijuana, or stimulant, depressant or hallucinogenic substances tenders a

101-18  plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a

101-19  charge pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of

101-20  one of those charges, the court, without entering a judgment of conviction

101-21  and with the consent of the accused, may suspend further proceedings and

101-22  place him on probation upon terms and conditions that must include

101-23  attendance and successful completion of an educational program or, in the

101-24  case of a person dependent upon drugs, of a program of treatment and

101-25  rehabilitation pursuant to NRS 453.580.

101-26     2.  Upon violation of a term or condition, the court may enter a

101-27  judgment of conviction and proceed as provided in the section pursuant to

101-28  which the accused was charged. Notwithstanding the provisions of

101-29  paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

101-30  condition, the court may order the person to the custody of the department

101-31  of prisons.

101-32     3.  Upon fulfillment of the terms and conditions, the court shall

101-33  discharge the accused and dismiss the proceedings against him. A

101-34  nonpublic record of the dismissal must be transmitted to and retained by

101-35  the division of parole and probation of the department of [motor vehicles

101-36  and] public safety solely for the use of the courts in determining whether,

101-37  in later proceedings, the person qualifies under this section.

101-38     4.  Except as otherwise provided in subsection 5, discharge and

101-39  dismissal under this section is without adjudication of guilt and is not a

101-40  conviction for purposes of this section or for purposes of employment, civil

101-41  rights or any statute or regulation or license or questionnaire or for any

101-42  other public or private purpose, but is a conviction for the purpose of

101-43  additional penalties imposed for second or subsequent convictions or the

101-44  setting of bail. Discharge and dismissal restores the person discharged, in

101-45  the contemplation of the law, to the status occupied before the arrest,

101-46  indictment or information. He may not be held thereafter under any law to

101-47  be guilty of perjury or otherwise giving a false statement by reason of

101-48  failure to recite or acknowledge that arrest, indictment, information or trial

101-49  in response to an inquiry made of him for any purpose. Discharge and

102-1  dismissal under this section may occur only once with respect to any

102-2  person.

102-3  5.  A professional licensing board may consider a proceeding under this

102-4  section in determining suitability for a license or liability to discipline for

102-5  misconduct. Such a board is entitled for those purposes to a truthful answer

102-6  from the applicant or licensee concerning any such proceeding with respect

102-7  to him.

102-8  Sec. 191.  NRS 453.3365 is hereby amended to read as follows:

102-9  453.3365  1.  Three years after a person is convicted and sentenced

102-10  pursuant to subsection 3 of NRS 453.336, the court may order sealed all

102-11  documents, papers and exhibits in that person’s record, minute book entries

102-12  and entries on dockets, and other documents relating to the case in the

102-13  custody of such other agencies and officers as are named in the court’s

102-14  order, if the:

102-15     (a) Person fulfills the terms and conditions imposed by the court and the

102-16  parole and probation officer; and

102-17     (b) Court, after a hearing, is satisfied that the person is rehabilitated.

102-18     2.  Except as limited by subsection 4, 3 years after an accused is

102-19  discharged from probation pursuant to NRS 453.3363, the court shall order

102-20  sealed all documents, papers and exhibits in that person’s record, minute

102-21  book entries and entries on dockets, and other documents relating to the

102-22  case in the custody of such other agencies and officers as are named in the

102-23  court’s order if the person fulfills the terms and conditions imposed by the

102-24  court and the division of parole and probation of the department of [motor

102-25  vehicles and] public safety. The court shall order those records sealed

102-26  without a hearing unless the division of parole and probation petitions the

102-27  court, for good cause shown, not to seal the records and requests a hearing

102-28  thereon.

102-29     3.  If the court orders sealed the record of a person discharged pursuant

102-30  to NRS 453.3363, it shall send a copy of the order to each agency or officer

102-31  named in the order. Each such agency or officer shall notify the court in

102-32  writing of its compliance with the order.

102-33     4.  A professional licensing board is entitled, for the purpose of

102-34  determining suitability for a license or liability to discipline for

102-35  misconduct, to inspect and to copy from a record sealed pursuant to this

102-36  section.

102-37     Sec. 192.  NRS 453.690 is hereby amended to read as follows:

102-38     453.690  1.  Every person or institution authorized to dispense or

102-39  administer narcotic drugs shall furnish to the health division of the

102-40  department, the investigation division of the department of [motor vehicles

102-41  and] public safety and the state board of pharmacy such information as the

102-42  health division or the board may require by regulation.

102-43     2.  Every public official or employee having duties to perform with

102-44  respect to narcotic drugs shall furnish to the health division of the

102-45  department, the investigation division of the department of [motor vehicles

102-46  and] public safety and the state board of pharmacy such information as the

102-47  regulations of the health division or the board may require.

 

 

103-1  Sec. 193.  NRS 458.380 is hereby amended to read as follows:

103-2  458.380  1.  The commission on substance abuse education,

103-3  prevention, enforcement and treatment is hereby created within the

103-4  department of [motor vehicles and] public safety.

103-5  2.  The governor shall appoint as voting members of the commission:

103-6  (a) Three members who represent the criminal justice system and are

103-7  knowledgeable in the areas of the enforcement of laws relating to drugs,

103-8  parole and probation and the judicial system, at least one of whom is a

103-9  peace officer;

103-10     (b) Three members who represent education and are knowledgeable

103-11  about programs for the prevention of abuse of drugs and alcohol, at least

103-12  one of whom is a licensed employee of a local school district;

103-13     (c) Three members who represent programs and organizations for the

103-14  rehabilitation of persons who abuse drugs and alcohol, at least one of

103-15  whom is a manager of a program accredited by the state to treat persons

103-16  who abuse drugs and alcohol;

103-17     (d) One member who is employed by the bureau and has experience in

103-18  matters concerning budgeting and experience in working with the

103-19  programs of the bureau;

103-20     (e) One member who is employed by the division of mental health and

103-21  developmental services of the department of human resources who has

103-22  relevant experience, which may include, without limitation, experience in

103-23  matters concerning budgeting and experience in working with programs of

103-24  the division of mental health and developmental services of the department

103-25  of human resources;

103-26     (f) One member who represents the interests of private businesses

103-27  concerning substance abuse in the workplace; and

103-28     (g) Three members who represent the general public, one of whom is

103-29  the parent of a child who has a mental illness or who has or has had a

103-30  problem with substance abuse.

103-31     3.  At least three of the voting members of the commission must be

103-32  representatives of northern Nevada, three must be representatives of

103-33  southern Nevada and three must be representatives of rural Nevada.

103-34     4.  The legislative commission shall appoint one member of the senate

103-35  and one member of the assembly to serve as nonvoting members of the

103-36  commission. Such members must be appointed with appropriate regard for

103-37  their experience with and knowledge of matters relating to substance abuse

103-38  education, prevention, enforcement and treatment.

103-39     5.  The director of the department of human resources, the

103-40  superintendent of public instruction, the director of the department of

103-41  employment, training and rehabilitation, the director of the department of

103-42  prisons, the attorney general and the director of the department of [motor

103-43  vehicles and] public safety are ex officio nonvoting members of the

103-44  commission. An ex officio member may designate a representative to serve

103-45  in his place on the commission or to attend a meeting of the commission in

103-46  his place. Each ex officio member or his representative shall attend each

103-47  meeting of the commission and provide any information which the

103-48  commission requests.

104-1  6.  The term of office of each voting member of the commission is 2

104-2  years.

104-3  7.  The governor shall appoint one member who is not an elected

104-4  official to serve as chairman of the commission.

104-5  8.  Each member of the commission is entitled to receive the per diem

104-6  allowance and travel expenses provided for state officers and employees

104-7  generally.

104-8  9.  Except during a regular or special session of the legislature, each

104-9  legislative member of the commission is entitled to receive the

104-10  compensation provided for a majority of the members of the legislature

104-11  during the first 60 days of the preceding regular session for each day or

104-12  portion of a day during which he attends a meeting of the commission or is

104-13  otherwise engaged in the business of the commission. The salaries and

104-14  expenses of the legislative members of the commission must be paid from

104-15  the legislative fund.

104-16     Sec. 194.  NRS 459.7016 is hereby amended to read as follows:

104-17     459.7016  “Department” means the department of [motor vehicles and]

104-18  public safety.

104-19     Sec. 195.  NRS 459.7018 is hereby amended to read as follows:

104-20     459.7018  “Director” means the director of the department of [motor

104-21  vehicles and] public safety.

104-22     Sec. 196.  NRS 459.702 is hereby amended to read as follows:

104-23     459.702  “Division” means the Nevada highway patrol division of the

104-24  department of [motor vehicles and] public safety.

104-25     Sec. 197.  NRS 459.742 is hereby amended to read as follows:

104-26     459.742  The commission, in carrying out its duties and within the

104-27  limits of legislative appropriations and other available money, may:

104-28     1.  Enter into contracts, leases or other agreements or transactions;

104-29     2.  Provide grants of money to local emergency planning committees to

104-30  improve their ability to respond to emergencies involving hazardous

104-31  materials;

104-32     3.  Assist with the development of comprehensive plans for responding

104-33  to such emergencies in this state;

104-34     4.  Provide technical assistance and administrative support to the

104-35  telecommunications unit of the communication and computing division of

104-36  the department of information technology for the development of systems

104-37  for communication during such emergencies;

104-38     5.  Provide technical and administrative support and assistance for

104-39  training programs;

104-40     6.  Develop a system to provide public access to data relating to

104-41  hazardous materials;

104-42     7.  Support any activity or program eligible to receive money from the

104-43  contingency account for hazardous materials;

104-44     8.  Adopt regulations setting forth the manner in which the division of

104-45  emergency management of the department of [motor vehicles and] public

104-46  safety shall:

104-47     (a) Allocate money received by the division which relates to hazardous

104-48  materials or is received pursuant to Public Law 99-499 or Title I of Public

104-49  Law 93-633; and

105-1  (b) Approve programs developed to address planning for and

105-2  responding to emergencies involving hazardous materials; and

105-3  9.  Coordinate the activities administered by state agencies to carry out

105-4  the provisions of this chapter , [459 of NRS,] Public Law 99-499 and Title

105-5  I of Public Law 93-633.

105-6  Sec. 198.  NRS 459.796 is hereby amended to read as follows:

105-7  459.796  A person is entitled to immunity under subsection 2 of NRS

105-8  459.792 only if:

105-9  1.  In the case of one furnishing advice or assistance, he is qualified by

105-10  training, education or experience in the handling of hazardous materials

105-11  and provides advice or assistance within the area of his qualifications; and

105-12     2.  He was requested to provide the equipment, advice or other

105-13  assistance by:

105-14     (a) The person responsible for the discharge;

105-15     (b) The division of emergency management of the department of [motor

105-16  vehicles and] public safety;

105-17     (c) The division of industrial relations of the department of business and

105-18  industry;

105-19     (d) The division of environmental protection of the state department of

105-20  conservation and natural resources;

105-21     (e) The Nevada highway patrol division of the department of [motor

105-22  vehicles and] public safety;

105-23     (f) The state fire marshal division of the department of [motor vehicles

105-24  and] public safety;

105-25     (g) The state emergency response commission or a local emergency

105-26  planning committee appointed by the commission;

105-27     (h) A local fire department; or

105-28     (i) A local agency for law enforcement.

105-29     Sec. 199.  NRS 477.010 is hereby amended to read as follows:

105-30     477.010  1.  The state fire marshal division is hereby established in the

105-31  department of [motor vehicles and] public safety.

105-32     2.  The division consists of the fire protection and control section, the

105-33  fire investigation section, the public education section, the fire service

105-34  training section and the fire data section.

105-35     Sec. 200.  NRS 477.013 is hereby amended to read as follows:

105-36     477.013  1.  The director of the department of [motor vehicles and]

105-37  public safety shall consult the state board of fire services and appoint the

105-38  state fire marshal from the list of candidates presented by the board. The

105-39  chief of the state fire marshal division is the state fire marshal.

105-40     2.  The state fire marshal may appoint, within the limits of legislative

105-41  appropriations, an assistant, deputies and such staff as is necessary to the

105-42  performance of his duties.

105-43     3.  The assistant, deputies and additional personnel appointed by the

105-44  state fire marshal are in the classified service of the state.

105-45     Sec. 201.  NRS 477.020 is hereby amended to read as follows:

105-46     477.020  1.  The state board of fire services, consisting of eight

105-47  members appointed by the governor, is hereby created.

105-48     2.  The governor shall appoint:

105-49     (a) A licensed architect;

106-1  (b) A chief of a volunteer fire department;

106-2  (c) A chief of a full-time, paid fire department;

106-3  (d) A professional engineer;

106-4  (e) The state forester firewarden;

106-5  (f) A training officer of a volunteer fire department;

106-6  (g) A training officer of a partially or fully paid fire department; and

106-7  (h) A specialist in hazardous materials,

106-8  to the board. No member other than the state forester firewarden may serve

106-9  for more than two consecutive terms.

106-10     3.  The board shall select a chairman from among its members to serve

106-11  for 1 year. The state fire marshal shall serve as the secretary of the board.

106-12     4.  The board may meet regularly at least twice each year or on the call

106-13  of the chairman, the secretary or any three members.

106-14     5.  The members of the board, except the state forester firewarden, are

106-15  entitled to receive a salary of $60 for each day’s attendance at a meeting of

106-16  the board.

106-17     6.  The board shall make recommendations to the state fire marshal and

106-18  to the legislature concerning necessary legislation in the field of fire

106-19  fighting and fire protection. When requested to do so by the director of the

106-20  department of [motor vehicles and] public safety, the board shall

106-21  recommend to him not fewer than three persons for appointment as state

106-22  fire marshal.

106-23     7.  The board shall advise the state fire marshal on matters relating to

106-24  the training of firemen.

106-25     Sec. 202.  NRS 477.075 is hereby amended to read as follows:

106-26     477.075  1.  The fire service standards and training committee,

106-27  consisting of seven voting members and one nonvoting member, is hereby

106-28  created.

106-29     2.  The committee consists of the chairman of the state board of fire

106-30  services, who is an ex officio member of the committee, one member

106-31  appointed by the state fire marshal, and six members appointed by the

106-32  governor as follows:

106-33     (a) Two chief officers or persons of equivalent rank, or two persons

106-34  designated by the chief of the department, of a full-time, paid fire

106-35  department who have experience in fire service training;

106-36     (b) Two chief officers or persons of equivalent rank, or two persons

106-37  designated by the chief of the department, of a volunteer fire department

106-38  who have experience in fire service training; and

106-39     (c) Two chief officers or persons of equivalent rank, or two persons

106-40  designated by the chief of the department, of a combination paid and

106-41  volunteer fire department who have experience in fire service training.

106-42     3.  The six members appointed by the governor must be from the

106-43  following counties:

106-44     (a) One member from Clark County;

106-45     (b) One member from Washoe County; and

106-46     (c) Four members from other counties, except that a majority of the

106-47  voting members on the committee must not be from one county.

106-48     4.  The governor shall make the appointments from recommendations

106-49  submitted by:

107-1  (a) The Nevada Fire Chiefs Association Inc.;

107-2  (b) The Nevada State Firemens Association;

107-3  (c) The Professional Fire Fighters of Nevada;

107-4  (d) The Southern Nevada Fire Marshal’s Association;

107-5  (e) The Southern Nevada Fire Chiefs’ Association;

107-6  (f) The Northern Nevada Fire Marshal’s Association; and

107-7  (g) Representatives of fire departments of Washoe County.

107-8  5.  For the initial terms of the members of the committee, each entity

107-9  listed in subsection 4 shall submit three recommendations to the governor.

107-10  After the initial terms, each entity shall submit two recommendations to the

107-11  governor.

107-12     6.  The member appointed by the state fire marshal shall serve as

107-13  secretary to the committee and is a nonvoting member of the committee.

107-14     7.  The members of the committee shall select a chairman from among

107-15  their membership.

107-16     8.  After the initial terms, the term of each appointed member of the

107-17  committee is 2 years.

107-18     9.  A vacancy in the committee must be filled for the remainder of the

107-19  unexpired term in the same manner as the original appointment.

107-20     10.  Each member of the committee is entitled to receive from the state

107-21  fire marshal division of the department of [motor vehicles and] public

107-22  safety the per diem allowance and travel expenses provided for state

107-23  officers and employees generally for each day or portion of a day during

107-24  which he attends a meeting of the committee or is otherwise engaged in the

107-25  work of the committee.

107-26     11.  The state fire marshal division shall provide the committee with

107-27  administrative support.

107-28     Sec. 203.  NRS 582.090 is hereby amended to read as follows:

107-29     582.090  1.  The state sealer of weights and measures shall designate a

107-30  reasonable fee to be charged by public weighmasters for weighing. The fee

107-31  must be retained by the public weighmaster as compensation for his

107-32  services.

107-33     2.  The department of motor vehicles , [and public safety,] under the

107-34  provisions of chapters 482 and 706 of NRS, may collect a fee, not to

107-35  exceed $1, for each vehicle weighed by that department.

107-36     Sec. 204.  NRS 590.840 is hereby amended to read as follows:

107-37     590.840  1.  Except as otherwise provided in subsection 3, the

107-38  department shall collect for deposit in the fund a fee of 0.75 cent for each

107-39  gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of

107-40  grade number 2 and heating oil imported into this state in one of those

107-41  forms or refined in this state. The fee imposed by this section is in addition

107-42  to the taxes imposed by chapters 365 and 366 of NRS.

107-43     2.  The department of motor vehicles [and public safety] shall

107-44  cooperate with the department of taxation in ascertaining the amount of

107-45  diesel fuel so imported and the identity of each person liable for payment

107-46  of the fee upon it.

107-47     3.  The fee imposed by subsection 1 does not apply to motor vehicle

107-48  fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or

107-49  heating oil that is:

108-1  (a) Imported or refined by the United States, its unincorporated agencies

108-2  and instrumentalities, or any incorporated agency or instrumentality of the

108-3  United States wholly owned by the United States or by a corporation

108-4  wholly owned by the United States;

108-5  (b) Exported from the state;

108-6  (c) Imported or refined by railroad companies for use in locomotive

108-7  engines;

108-8  (d) Being transported through the state in interstate commerce; or

108-9  (e) Used as fuel for jet or turbine-powered aircraft.

108-10     4.  The fee is payable on or before the 25th day of each calendar month

108-11  for those products subject to the fee that are handled during the preceding

108-12  calendar month. The department shall prescribe by regulation the manner

108-13  of payment of the fee and for this purpose may reasonably classify the

108-14  persons liable for payment. The department may, in collecting the fee,

108-15  employ any administrative power conferred upon it by chapter 365 of NRS.

108-16     5.  The expenses incurred by the department in performing its duties

108-17  under NRS 590.700 to 590.920, inclusive, are a charge against the fund.

108-18     Sec. 205.  NRS 597.490 is hereby amended to read as follows:

108-19     597.490  1.  Each garageman shall display conspicuously in those

108-20  areas of his place of business frequented by persons seeking repairs on

108-21  motor vehicles a sign, not less than 22 inches by 28 inches in size, setting

108-22  forth in boldface letters the following:

 

108-23  STATE OF NEVADA

 

108-24  REGISTERED GARAGE

 

108-25  THIS GARAGE IS REGISTERED WITH THE

108-26  DEPARTMENT OF MOTOR VEHICLES [AND PUBLIC SAFETY]

 

108-27  NEVADA AUTOMOTIVE REPAIR CUSTOMER

108-28  BILL OF RIGHTS

 

108-29  AS A CUSTOMER IN NEVADA:

 

108-30  YOU have the right to receive repairs from a business that is

108-31  REGISTERED with the department of motor vehicles [and public safety]

108-32  that will ensure the proper repair of your vehicle. (NRS 597.490)

 

108-33  YOU have the right to receive a WRITTEN ESTIMATE of charges for

108-34  repairs made to your vehicle which exceed $50. (NRS 597.510)

 

108-35  YOU have the right to read and understand all documents and warranties

108-36  BEFORE YOU SIGN THEM. (NRS 597.490)

 

108-37  YOU have the right to INSPECT ALL REPLACED PARTS and

108-38  accessories that are covered by a warranty and for which a charge is made.

108-39  (NRS 597.550)

 

109-1  YOU have the right to request that all replaced parts and accessories that

109-2  are not covered by a warranty BE RETURNED TO YOU AT THE TIME

109-3  OF SERVICE. (NRS 597.550)

 

109-4  YOU have the right to require authorization BEFORE any additional

109-5  repairs are made to your vehicle if the charges for those repairs exceed

109-6  20% of the original estimate or $100, whichever is less. (NRS 597.520)

 

109-7  YOU have the right to receive a COMPLETED STATEMENT OF

109-8  CHARGES for repairs made to your vehicle. (NRS 487.035)

 

109-9  YOU have the right to a FAIR RESOLUTION of any dispute that

109-10  develops concerning the repair of your vehicle. (NRS 597.490)

 

109-11  FOR MORE INFORMATION PLEASE CONTACT:

 

109-12  THE DEPARTMENT OF BUSINESS AND INDUSTRY

 

109-13  CONSUMER AFFAIRS DIVISION

 

109-14  IN CLARK COUNTY: (702) 486-7355

 

109-15  ALL OTHER AREAS TOLL-FREE: 1-800-326-5202

 

109-16     2.  The sign required pursuant to the provisions of subsection 1 must

109-17  include a replica of the great seal of the State of Nevada. The seal must be

109-18  2 inches in diameter and be centered on the face of the sign directly above

109-19  the words “STATE OF NEVADA.”

109-20     3.  Any person who violates the provisions of this section is guilty of a

109-21  misdemeanor.

109-22     Sec. 206.  NRS 598.975 is hereby amended to read as follows:

109-23     598.975  “Department” means the department of motor vehicles . [and

109-24  public safety.]

109-25     Sec. 207.  NRS 616A.140 is hereby amended to read as follows:

109-26     616A.140  A member of the Nevada Wing of the Civil Air Patrol who

109-27  participates:

109-28     1.  In a mission; or

109-29     2.  In training,

109-30  which has been authorized by the division of emergency management of

109-31  the department of [motor vehicles and] public safety shall be deemed for

109-32  the purposes of chapters 616A to 616D, inclusive, of NRS to be an

109-33  employee of the division of emergency management at the wage of $600

109-34  per month and, in the event of injury during such a mission or training, is

109-35  entitled to the benefits of those chapters.

109-36     Sec. 208.  NRS 616A.160 is hereby amended to read as follows:

109-37     616A.160  Volunteer officers attached to the Nevada highway patrol,

109-38  volunteers appointed pursuant to NRS 484.4085 who qualify pursuant to

109-39  subsection 4 of that section, the investigators appointed pursuant to [NRS

109-40  481.243] section 30 of this act or volunteers of a regularly organized and

110-1  recognized police department, metropolitan police department or sheriff’s

110-2  unit, while engaged in their duties as such in any voluntary community

110-3  service and while acting under the direction of the chief of the Nevada

110-4  highway patrol, chief of the investigation division of the department of

110-5  [motor vehicles and] public safety or a sheriff or chief of police, or their

110-6  deputies or assistants, of any county, metropolitan police department, city

110-7  or town in the protection of life or property shall be deemed, for the

110-8  purpose of chapters 616A to 616D, inclusive, of NRS, employees of the

110-9  Nevada highway patrol, investigation division or the city, town,

110-10  metropolitan police department or county so recognizing them, at the wage

110-11  of $900 per month, and are entitled to the benefits of those chapters upon

110-12  compliance therewith by the Nevada highway patrol, investigation division

110-13  or the county, metropolitan police department, city or town.

110-14     Sec. 209.  NRS 617.135 is hereby amended to read as follows:

110-15     617.135  “Police officer” includes:

110-16     1.  A sheriff, deputy sheriff, officer of a metropolitan police department

110-17  or city policeman;

110-18     2.  A chief, inspector, supervisor, commercial officer or trooper of the

110-19  Nevada highway patrol;

110-20     3.  A chief, investigator or agent of the investigation division of the

110-21  department of [motor vehicles and] public safety;

110-22     4.  An officer or investigator of the section for the control of emissions

110-23  from vehicles [of the motor vehicles branch] of the department of motor

110-24  vehicles ; [and public safety;]

110-25     5.  An investigator of the division of compliance enforcement [of the

110-26  motor vehicles branch] of the department of motor vehicles ; [and public

110-27  safety;]

110-28     6.  A member of the police department of the University and

110-29  Community College System of Nevada;

110-30     7.  A:

110-31     (a) Uniformed employee of; or

110-32     (b) Forensic specialist employed by,

110-33  the department of prisons whose position requires regular and frequent

110-34  contact with the offenders imprisoned and subjects the employee to recall

110-35  in emergencies;

110-36     8.  A parole and probation officer of the division of parole and

110-37  probation of the department of [motor vehicles and] public safety; and

110-38     9.  A forensic specialist or correctional officer employed by the

110-39  division of mental health and development services of the department of

110-40  human resources at facilities for mentally disordered offenders.

110-41     Sec. 210.  NRS 639.236 is hereby amended to read as follows:

110-42     639.236  1.  All prescriptions filled by a practitioner must be serially

110-43  numbered and filed in the manner prescribed by regulation of the board.

110-44  Prescriptions for controlled substances listed in schedule II must be filed

110-45  separately from other prescriptions or in a readily retrievable manner as the

110-46  board may provide by regulation. All prescriptions must be retained on file

110-47  for at least 2 years.

111-1  2.  Each prescription on file must bear the date on which it was

111-2  originally filled and be personally signed or initialed by the registered

111-3  pharmacist or practitioner who filled it.

111-4  3.  Files of prescriptions are open to inspection by members, inspectors

111-5  and investigators of the board and by inspectors of the Food and Drug

111-6  Administration and agents of the investigation division of the department

111-7  of [motor vehicles and] public safety.

111-8  Sec. 211.  NRS 639.238 is hereby amended to read as follows:

111-9  639.238  1.  Prescriptions filled and on file in a pharmacy are not a

111-10  public record. A pharmacist shall not divulge the contents of any

111-11  prescription or provide a copy of any prescription, except to:

111-12     (a) The patient for whom the original prescription was issued;

111-13     (b) The practitioner who originally issued the prescription;

111-14     (c) A practitioner who is then treating the patient;

111-15     (d) A member, inspector or investigator of the board or an inspector of

111-16  the Food and Drug Administration or an agent of the investigation division

111-17  of the department of [motor vehicles and] public safety;

111-18     (e) An agency of state government charged with the responsibility of

111-19  providing medical care for the patient;

111-20     (f) An insurance carrier, on receipt of written authorization signed by

111-21  the patient or his legal guardian, authorizing the release of such

111-22  information;

111-23     (g) Any person authorized by an order of a district court;

111-24     (h) Any member, inspector or investigator of a professional licensing

111-25  board which licenses a practitioner who orders prescriptions filled at the

111-26  pharmacy; or

111-27     (i) Other registered pharmacists for the limited purpose of and to the

111-28  extent necessary for the exchange of information relating to persons who

111-29  are suspected of:

111-30      (1) Misusing prescriptions to obtain excessive amounts of drugs.

111-31      (2) Failing to use a drug in conformity with the directions for its use

111-32  or taking a drug in combination with other drugs in a manner that could

111-33  result in injury to that person.

111-34     2.  Any copy of a prescription for a controlled substance or a dangerous

111-35  drug as defined in chapter 454 of NRS, issued to a person authorized by

111-36  this section to receive such a copy, must contain all of the information

111-37  appearing on the original prescription and be clearly marked on its face,

111-38  “Copy, Not Refillable-For Reference Purposes Only.” The copy must bear

111-39  the name or initials of the registered pharmacist who prepared the copy.

111-40     3.  If a copy of a prescription for any controlled substance or a

111-41  dangerous drug as defined in chapter 454 of NRS is furnished to the

111-42  customer, the original prescription must be voided and notations made

111-43  thereon showing the date and the name of the person to whom the copy

111-44  was furnished.

111-45     4.  If, at the express request of a customer, a copy of a prescription for

111-46  any controlled substance or dangerous drug is furnished to another

111-47  pharmacist, the original prescription must be voided and notations made

111-48  thereon showing the date and the name of the pharmacist to whom the copy

112-1  was furnished. The pharmacist receiving the copy shall call the prescribing

112-2  practitioner for a new prescription.

112-3  Sec. 212.  NRS 639.239 is hereby amended to read as follows:

112-4  639.239  Members, inspectors and investigators of the board,

112-5  inspectors of the Food and Drug Administration and agents of the

112-6  investigation division of the department of [motor vehicles and] public

112-7  safety may remove any record required to be retained by state or federal

112-8  law or regulation, including any prescription contained in the files of a

112-9  practitioner, if the record in question will be used as evidence in a criminal

112-10  action, civil action or an administrative proceeding, or contemplated action

112-11  or proceeding. The person who removes a record pursuant to this section

112-12  shall:

112-13     1.  Affix the name and address of the practitioner to the back of the

112-14  record;

112-15     2.  Affix his initials, cause an agent of the practitioner to affix his

112-16  initials and note the date of the removal of the record on the back of the

112-17  record;

112-18     3.  Affix the name of the agency for which he is removing the record to

112-19  the back of the record;

112-20     4.  Provide the practitioner with a receipt for the record; and

112-21     5.  Return a photostatic copy of both sides of the record to the

112-22  practitioner within 15 working days after the record is removed.

112-23     Sec. 213.  NRS 648.157 is hereby amended to read as follows:

112-24     648.157  1.  A private investigator licensed pursuant to this chapter

112-25  shall not obtain or seek access to information from the department of motor

112-26  vehicles [and public safety] pursuant to subsection 3 of NRS 481.063 for

112-27  any purpose other than a purpose that is directly related to his investigation

112-28  of an insurance claim.

112-29     2.  If the board finds that a violation of this section has occurred, the

112-30  board shall, in addition to any other disciplinary action it deems

112-31  appropriate, suspend the license of the private investigator.

112-32     Sec. 214.  NRS 680A.080 is hereby amended to read as follows:

112-33     680A.080  To qualify for and hold authority to transact insurance in

112-34  this state, an insurer must be otherwise in compliance with this code and

112-35  with its charter powers, and must be an incorporated stock or mutual

112-36  insurer, or a reciprocal insurer, of the same general type as may be formed

112-37  as a domestic insurer under this code, except that:

112-38     1.  No foreign insurer may be authorized to transact insurance in this

112-39  state which does not maintain reserves as required by chapter 681B of NRS

112-40  (assets and liabilities), as applicable to the kind or kinds of insurance

112-41  transacted by such insurer, wherever transacted in the United States of

112-42  America, or which transacts business anywhere in the United States of

112-43  America on the assessment plan, or stipulated premium plan, or any similar

112-44  plan.

112-45     2.  No insurer may be authorized to transact a kind of insurance in this

112-46  state unless duly authorized or qualified to transact such insurance in the

112-47  state or country of its domicile.

113-1  3.  No insurer may be authorized to transact in this state any kind of

113-2  insurance which is not within the definitions as set forth in NRS 681A.010

113-3  to 681A.080, inclusive (kinds of insurance).

113-4  4.  No such authority may be granted or continued to any insurer while

113-5  in arrears to the state for fees, licenses, taxes, assessments, fines or

113-6  penalties accrued on business previously transacted in this state.

113-7  In addition to the other requirements set forth in this section, an insurer

113-8  who proposes to transact in this state insurance that protects a policyholder

113-9  from liability arising out of the ownership, maintenance or use of a motor

113-10  vehicle must demonstrate to the satisfaction of the department of motor

113-11  vehicles [and public safety] that the insurer is able to comply with the

113-12  provisions of NRS 485.314.

113-13     Sec. 215.  NRS 690B.020 is hereby amended to read as follows:

113-14     690B.020  1.  Except as otherwise provided in this section and NRS

113-15  690B.035, no policy insuring against liability arising out of the ownership,

113-16  maintenance or use of any motor vehicle may be delivered or issued for

113-17  delivery in this state unless coverage is provided therein or supplemental

113-18  thereto for the protection of persons insured thereunder who are legally

113-19  entitled to recover damages, from owners or operators of uninsured or hit-

113-20  and-run motor vehicles, for bodily injury, sickness or disease, including

113-21  death, resulting from the ownership, maintenance or use of the uninsured

113-22  or hit-and-run motor vehicle. No such coverage is required in or

113-23  supplemental to a policy issued to the State of Nevada or any political

113-24  subdivision thereof, or where rejected in writing, on a form furnished by

113-25  the insurer describing the coverage being rejected, by an insured named

113-26  therein, or upon any renewal of such a policy unless the coverage is then

113-27  requested in writing by the named insured. The coverage required in this

113-28  section may be referred to as “uninsured vehicle coverage.”

113-29     2.  The amount of coverage to be provided must be not less than the

113-30  minimum limits for liability insurance for bodily injury provided for under

113-31  chapter 485 of NRS, but may be in an amount not to exceed the coverage

113-32  for bodily injury purchased by the policyholder.

113-33     3.  For the purposes of this section , the term “uninsured motor vehicle”

113-34  means a motor vehicle:

113-35     (a) With respect to which there is not available at the department of

113-36  motor vehicles [and public safety] evidence of financial responsibility as

113-37  required by chapter 485 of NRS;

113-38     (b) With respect to the ownership, maintenance or use of which there is

113-39  no liability insurance for bodily injury or bond applicable at the time of the

113-40  accident, or, to the extent of such deficiency, any liability insurance for

113-41  bodily injury or bond in force is less than the amount required by NRS

113-42  485.210;

113-43     (c) With respect to the ownership, maintenance or use of which the

113-44  company writing any applicable liability insurance for bodily injury or

113-45  bond denies coverage or is insolvent;

113-46     (d) Used without the permission of its owner if there is no liability

113-47  insurance for bodily injury or bond applicable to the operator;

113-48     (e) Used with the permission of its owner who has insurance which does

113-49  not provide coverage for the operation of the motor vehicle by any person

114-1  other than the owner if there is no liability insurance for bodily injury or

114-2  bond applicable to the operator; or

114-3  (f) The owner or operator of which is unknown or after reasonable

114-4  diligence cannot be found if:

114-5     (1) The bodily injury or death has resulted from physical contact of

114-6  the automobile with the named insured or the person claiming under him or

114-7  with an automobile which the named insured or such a person is

114-8  occupying; and

114-9     (2) The named insured or someone on his behalf has reported the

114-10  accident within the time required by NRS 484.223, 484.225 or 484.227 to

114-11  the police department of the city where it occurred, or if it occurred in an

114-12  unincorporated area, to the sheriff of the county or to the Nevada highway

114-13  patrol.

114-14     4.  For the purposes of this section , the term “uninsured motor vehicle”

114-15  also includes, subject to the terms and conditions of coverage, an insured

114-16  other motor vehicle where:

114-17     (a) The liability insurer of the other motor vehicle is unable because of

114-18  its insolvency to make payment with respect to the legal liability of its

114-19  insured within the limits specified in its policy;

114-20     (b) The occurrence out of which legal liability arose took place while

114-21  the uninsured vehicle coverage required under paragraph (a) was in effect;

114-22  and

114-23     (c) The insolvency of the liability insurer of the other motor vehicle

114-24  existed at the time of, or within 2 years after, the occurrence.

114-25  Nothing contained in this subsection prevents any insurer from providing

114-26  protection from insolvency to its insureds under more favorable terms.

114-27     5.  If payment is made to any person under uninsured vehicle coverage,

114-28  and subject to the terms of the coverage, to the extent of such payment the

114-29  insurer is entitled to the proceeds of any settlement or recovery from any

114-30  person legally responsible for the bodily injury as to which payment was

114-31  made, and to amounts recoverable from the assets of the insolvent insurer

114-32  of the other motor vehicle.

114-33     6.  A vehicle involved in a collision which results in bodily injury or

114-34  death shall be presumed to be an uninsured motor vehicle if no evidence of

114-35  financial responsibility is supplied to the department of motor vehicles [and

114-36  public safety] in the manner required by chapter 485 of NRS within 60

114-37  days after the collision occurs.

114-38     Sec. 216.  NRS 690B.029 is hereby amended to read as follows:

114-39     690B.029  1.  A policy of insurance against liability arising out of the

114-40  ownership, maintenance or use of a motor vehicle delivered or issued for

114-41  delivery in this state to a person who is 55 years of age or older must

114-42  contain a provision for the reduction in the premiums for 3-year periods if

114-43  the insured:

114-44     (a) Successfully completes, after attaining 55 years of age and every 3

114-45  years thereafter, a course of traffic safety approved by the department of

114-46  motor vehicles ; [and public safety;] and

114-47     (b) For the 3-year period before completing the course of traffic safety

114-48  and each 3-year period thereafter:

115-1     (1) Is not involved in an accident involving a motor vehicle for which

115-2  the insured is at fault;

115-3     (2) Maintains a driving record free of violations; and

115-4     (3) Has not been convicted of or entered a plea of guilty, guilty but

115-5  mentally ill or nolo contendere to a moving traffic violation or an offense

115-6  involving:

115-7       (I) The operation of a motor vehicle while under the influence of

115-8  intoxicating liquor or a controlled substance; or

115-9       (II) Any other conduct prohibited by NRS 484.379 or 484.3795 or

115-10  a law of any other jurisdiction that prohibits the same or similar conduct.

115-11     2.  The reduction in the premiums provided for in subsection 1 must be

115-12  based on the actuarial and loss experience data available to each insurer

115-13  and must be approved by the commissioner. Each reduction must be

115-14  calculated based on the amount of the premium before any reduction in that

115-15  premium is made pursuant to this section, and not on the amount of the

115-16  premium once it has been reduced.

115-17     3.  A course of traffic safety that an insured is required to complete as

115-18  the result of moving traffic violations must not be used as the basis for a

115-19  reduction in premiums pursuant to this section.

115-20     4.  The organization that offers a course of traffic safety approved by

115-21  the department of motor vehicles [and public safety] shall issue a

115-22  certificate to each person who successfully completes the course. A person

115-23  must use the certificate to qualify for the reduction in the premiums

115-24  pursuant to this section.

115-25     5.  The commissioner shall review and approve or disapprove a policy

115-26  of insurance that offers a reduction in the premiums pursuant to subsection

115-27  1. An insurer must receive written approval from the commissioner before

115-28  delivering or issuing a policy with a provision containing such a reduction.

115-29     Sec. 217.  NRS 706.061 is hereby amended to read as follows:

115-30     706.061  “Department” means the department of motor vehicles . [and

115-31  public safety.]

115-32     Sec. 218.  NRS 706.4479 is hereby amended to read as follows:

115-33     706.4479  If a motor vehicle is towed at the request of someone other

115-34  than the owner, or authorized agent of the owner, of the motor vehicle, the

115-35  operator shall, in addition to the requirements set forth in the provisions of

115-36  chapter 108 of NRS:

115-37     1.  Notify the registered and legal owner of the motor vehicle by

115-38  certified mail not later than 15 days after placing a vehicle in storage:

115-39     (a) Of the location where the motor vehicle is being stored;

115-40     (b) Whether the storage is inside a locked building, in a secured, fenced

115-41  area or in an unsecured, open area;

115-42     (c) Of the charge for storage; and

115-43     (d) Of the date and time the vehicle was placed in storage.

115-44     2.  If the identity of the registered and legal owners is not readily

115-45  available, request the necessary information from the department . [of

115-46  motor vehicles and public safety.] The operator shall attempt to notify the

115-47  owner of the vehicle as soon as possible, but in no case later than 15 days,

115-48  after identification of the owner is obtained.

116-1  3.  Use all resources reasonably necessary to ascertain the name of the

116-2  owner of a vehicle and is responsible for making an independent inquiry

116-3  and correct notification of the owner.

116-4  Sec. 219.  NRS 706.806 is hereby amended to read as follows:

116-5  706.806  As used in NRS 706.801 to 706.861, inclusive, unless the

116-6  context otherwise requires:

116-7  1.  “Country” includes any political subdivision thereof.

116-8  2.  “Department” means the department of motor vehicles . [and public

116-9  safety.]

116-10     3.  “Fee” means each fee for registration and tax imposed by this state,

116-11  except motor vehicle fuel taxes and motor carrier licensing fees.

116-12     4.  “Mileage” includes mileage in this state and in all other states and

116-13  countries.

116-14     5.  “Motor vehicle” includes every motor vehicle with a declared gross

116-15  weight in excess of 26,000 pounds required to be registered under the laws

116-16  of this state.

116-17     6.  “Operator” includes the owner or operator of any motor vehicle.

116-18     7.  “Plan” means a plan adopted by any state or country for the

116-19  proration of fees on a basis to effectuate the principles set forth in NRS

116-20  706.826.

116-21     8.  “State” includes the states of the United States, the District of

116-22  Columbia and the territories of the United States.

116-23     9.  “Vehicle” includes every vehicle of a type required to be registered

116-24  under the laws of this state.

116-25     Sec. 220.  NRS 706.841 is hereby amended to read as follows:

116-26     706.841  1.  Each operator shall qualify to operate pursuant to the

116-27  provisions of NRS 706.801 to 706.861, inclusive, by filing an application

116-28  for that purpose with the department [of motor vehicles and public safety]

116-29  before the time any fee becomes delinquent.

116-30     2.  The application must:

116-31     (a) Show the total mileage of motor vehicles operated by the person in

116-32  this state and all states and countries during the next preceding 12 months

116-33  ending June 30 and describe and identify each motor vehicle to be operated

116-34  during the period of registration in such detail as the department may

116-35  require.

116-36     (b) Be accompanied by a fee, unless the department is satisfied that the

116-37  fee is secured, to be computed as follows:

116-38      (1) Divide the number of in-state miles by the total number of fleet

116-39  miles;

116-40      (2) Determine the total amount of money necessary to register each

116-41  motor vehicle in the fleet for which registration is requested; and

116-42      (3) Multiply the amount determined under subparagraph (2) by the

116-43  fraction obtained pursuant to subparagraph (1).

116-44     Sec. 221.  NRS 706.846 is hereby amended to read as follows:

116-45     706.846  Upon the payment of all fees required pursuant to the

116-46  provisions of NRS 706.801 to 706.861, inclusive, or upon being satisfied

116-47  that the fee is secured and upon compliance with the laws of this state in

116-48  order to register the vehicles, the department [of motor vehicles and public

116-49  safety] shall register them, and issue plates, licenses, emblems, certificates

117-1  or other devices for the vehicles in the same manner as otherwise provided

117-2  by law.

117-3  Sec. 222.  NRS 706.8822 is hereby amended to read as follows:

117-4  706.8822  The administrator shall conduct administrative hearings and

117-5  make final decisions, subject to appeal by any aggrieved party to the

117-6  taxicab authority, in the following matters:

117-7  1.  Any violation relating to the issuance of or transfer of license plates

117-8  for motor carriers required by either the taxicab authority or the department

117-9  of motor vehicles ; [and public safety;]

117-10     2.  Complaints against certificate holders;

117-11     3.  Complaints against taxicab drivers;

117-12     4.  Applications for, or suspension or revocation of, drivers’ permits

117-13  which may be required by the administrator; and

117-14     5.  Imposition of monetary penalties.

117-15     Sec. 223.  NRS 706.8828 is hereby amended to read as follows:

117-16     706.8828  1.  A certificate holder shall file with the administrator, and

117-17  keep in effect at all times, a policy of insurance with an insurance company

117-18  licensed to do business in the State of Nevada.

117-19     2.  The insurance policy specified in subsection 1 must:

117-20     (a) Provide the following coverage:

 

117-21  For injury to one person in any one accident   $100,000

117-22  For injury to two or more persons in any one accident.................................................. 300,000

117-23  For property damage in any one accident   10,000

 

117-24     (b) Contain a clause which states substantially that the insurance carrier

117-25  may only cancel the policy upon 30 days’ written notice to the certificate

117-26  holder and administrator; and

117-27     (c) Contain such other provisions concerning notice as may be required

117-28  by law to be given to the certificate holder.

117-29     3.  If an insurance policy is canceled, the certificate holder shall not

117-30  operate or cause to be operated any taxicab that was covered by the policy

117-31  until other insurance is furnished.

117-32     4.  A certificate holder to whom [the motor vehicles branch of] the

117-33  department of motor vehicles [and public safety] has issued a certificate of

117-34  self-insurance may self-insure the first $50,000, combined single-limit, per

117-35  accident, of the coverage required by subsection 2.

117-36     Sec. 224.  Section 20 of this act is hereby amended to read as follows:

117-37          The duties of the personnel of the Nevada highway patrol are:

117-38          1.  To police the public highways of this state, to enforce and to

117-39  aid in enforcing thereon all the traffic laws of the State of Nevada and

117-40  to enforce all other laws of this state when:

117-41          (a) In the apprehension or pursuit of an offender or suspected

117-42  offender;

117-43          (b) Making arrests for crimes committed in their presence or upon

117-44  or adjacent to the highways of this state; or

117-45          (c) Making arrests pursuant to a warrant in the officer’s possession

117-46  or communicated to him.

118-1  2.  To investigate accidents on all primary and secondary

118-2  highways within the State of Nevada resulting in personal injury,

118-3  property damage or death, and to gather evidence to prosecute any

118-4  person guilty of any violation of the law contributing to the happening

118-5  of such an accident.

118-6  3.  In conjunction with the department of motor vehicles, to

118-7  enforce the provisions of chapters 365, 366, 408, 482 to 486,

118-8  inclusive, 487 and 706 of NRS.

118-9  4.  To maintain the central repository for Nevada records of

118-10  criminal history and to carry out the provisions of chapter 179A of

118-11  NRS.

118-12          5.  To enforce the provisions of laws and regulations relating to

118-13  motor carriers, the safety of their vehicles and equipment, and their

118-14  transportation of hazardous materials and other cargo.

118-15          6.  To maintain the repository for information concerning

118-16  hazardous materials in Nevada and to carry out its duties pursuant to

118-17  chapter 459 of NRS concerning the transportation of hazardous

118-18  materials.

118-19          7.  To perform such other duties in connection with those

118-20  specified in this section as may be imposed by the director.

118-21     Sec. 225.  Section 30 of chapter 491, Statutes of Nevada 1991, at page

118-22  1448, is hereby amended to read as follows:

118-23          Sec. 30.  1.  Except as otherwise provided in section 34 of this

118-24  act and in addition to all other taxes imposed on the valuation of

118-25  vehicles, the board of county commissioners of Churchill, Elko,

118-26  Humboldt, Washoe and Lander counties and the board of supervisors

118-27  of Carson City may by ordinance, but not as in a case of emergency,

118-28  impose a special governmental services tax of 1 cent on each $1 of

118-29  valuation of the vehicle for the governmental services of operating

118-30  upon the public streets, roads and highways of the county on each

118-31  vehicle based in the county except:

118-32          (a) A vehicle exempt from the governmental services tax pursuant

118-33  to chapter 371 of NRS; or

118-34          (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which

118-35  is engaged in interstate or intercounty operations.

118-36          2.  The department of motor vehicles [and public safety] shall

118-37  deposit the proceeds of the tax imposed pursuant to subsection 1 with

118-38  the state treasurer for credit to the tax distribution fund for the county

118-39  in which it was collected.

118-40          3.  As used in this section , “based” has the meaning ascribed to it

118-41  in NRS 482.011.

118-42     Sec. 226.  Section 9 of chapter 475, Statutes of Nevada 1993, at page

118-43  1953, is hereby amended to read as follows:

118-44          Sec. 9.  1.  Except as otherwise provided in section 14 of this act

118-45  and in addition to all other taxes imposed on the valuation of vehicles,

118-46  the board of county commissioners of Douglas, Esmeralda, Lincoln,

118-47  Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may

118-48  by ordinance, in the manner provided in section 13 of this act, impose

118-49  a special governmental services tax of 1 cent on each $1 of valuation

119-1  of the vehicle for the privilege of operating upon the public streets,

119-2  roads and highways of the county on each vehicle based in the county

119-3  except:

119-4  (a) A vehicle exempt from the governmental services tax pursuant

119-5  to chapter 371 of NRS; or

119-6  (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which

119-7  is engaged in interstate or intercounty operations.

119-8  2.  The department of motor vehicles [and public safety] shall

119-9  deposit the proceeds of the tax imposed pursuant to subsection 1 with

119-10  the state treasurer for credit to the tax distribution fund for the county

119-11  in which it was collected.

119-12          3.  As used in this section , “based” has the meaning ascribed to it

119-13  in NRS 482.011.

119-14     Sec. 227.  Section 7 of chapter 575, Statutes of Nevada 1997, at page

119-15  2825, is hereby amended to read as follows:

119-16          Sec. 7.   The amendatory provisions of this act expire by

119-17  limitation on October 1, 2001, if on that date the department of motor

119-18  vehicles [and public safety] has received fewer than 250 applications

119-19  for the issuance of a license plate pursuant to section 1 of this act.

119-20     Sec. 228.  Section 18 of chapter 599, Statutes of Nevada 1997, at page

119-21  3005, is hereby amended to read as follows:

119-22          Sec. 18.   Assembly Bill No. 529 of this sessionis hereby

119-23  amended by adding thereto a new section to be designated as

119-24  section 3, immediately following section 2, to read as follows:

119-25        Sec. 3.   The amendatory provisions of this act expire by

119-26  limitation on October 1, 2001, if on that date the department of

119-27  motor vehicles [and public safety] has received fewer than 250

119-28  applications for the issuance of a license plate pursuant to section 1

119-29  of this act.

119-30     Sec. 229.  Section 6 of chapter 607, Statutes of Nevada 1997, at page

119-31  3055, is hereby amended to read as follows:

119-32          Sec. 6.   The amendatory provisions of this act expire by

119-33  limitation on October 1, 2001, if on that date the department of motor

119-34  vehicles [and public safety] has received fewer than 250 applications

119-35  for the issuance of a license plate pursuant to section 1 of this act.

119-36     Sec. 230.  Section 6 of chapter 64, Statutes of Nevada 1999, at page

119-37  159, is hereby amended to read as follows:

119-38          Sec. 6.  The amendatory provisions of sections 1, 2 and 3 of this

119-39  act expire by limitation on October 1, 2003, if on that date the

119-40  department of motor vehicles [and public safety] has received less

119-41  than 250 applications for the issuance of license plates pursuant to the

119-42  provisions of section 1 of this act.

119-43     Sec. 231.  Section 2 of chapter 224, Statutes of Nevada 1999, at page

119-44  990, is hereby amended to read as follows:

119-45          Sec. 2.  As used in this chapter, “department” means the

119-46  department of motor vehicles.

119-47     Sec. 232.  Section 52 of chapter 224, Statutes of Nevada 1999, at page

119-48  1003, is hereby amended to read as follows:

119-49          Sec. 52.  “Department” means the department of motor vehicles.

120-1  Sec. 233.  Section 101 of chapter 224, Statutes of Nevada 1999, at

120-2  page 1021, is hereby amended to read as follows:

120-3           Sec. 101.  Chapter 373 of NRS is hereby amended by adding

120-4  thereto a new section to read as follows:

120-5           “Department” means the department of motor vehicles.

120-6  Sec. 234.  Section 106 of chapter 224, Statutes of Nevada 1999, at

120-7  page 1022, is hereby amended to read as follows:

120-8  Sec. 106.  NRS 590.120 is hereby amended to read as follows:

120-9  590.120  1.  Every person, or any officer, agent or employee

120-10  thereof, shipping or transporting any [gasoline] motor vehicle fuel or

120-11  lubricating oil into this state for sale or consignment, or with intent to

120-12  sell or consign the same, shall pay to the department of [taxation]

120-13  motor vehicles an inspection fee of 0.055 of a cent per gallon for

120-14  every gallon of [gasoline] motor vehicle fuel or lubricating oil so

120-15  shipped or transported into the state, or that is held for sale within this

120-16  state. [Nothing in this section requires] This section does not require

120-17  the payment of an inspection fee on any shipment or consignment of

120-18  [gasoline] motor vehicle fuel or lubricating oil when [such] the

120-19  inspection fee has [already] been paid.

120-20          2.  Of each inspection fee paid to the department of [taxation]

120-21  motor vehicles pursuant to this section, 0.005 of a cent per gallon

120-22  must be transferred quarterly to an account in the state general fund

120-23  for the state board of agriculture. The state board of agriculture shall

120-24  use all money transferred pursuant to this subsection to pay the

120-25  expenses incurred in enforcing the provisions of NRS 590.070.

120-26          3.  On or before the [25th]last day of each calendar month, every

120-27  person, or any officer, agent or employee thereof, required to pay the

120-28  inspection fee [mentioned] described in subsection 1 shall send to the

120-29  department of [taxation] motor vehicles a correct report of the

120-30  [gasoline] motor vehicle fuel or oil volumes for the preceding month.

120-31  The report must include a list of distributors or retailers distributing or

120-32  selling the products and must be accompanied by the required fees.

120-33          4.  Failure to send the report and remittance as specified in

120-34  subsections 1 and 3 is a violation of NRS 590.010 to 590.150,

120-35  inclusive, and is punishable as provided in NRS 590.150.

120-36          5.  The provisions of this section must be carried out in the

120-37  manner prescribed in chapter 365 of NRS and sections 2 to 45,

120-38  inclusive, of this act.

120-39     Sec. 235.  Section 107 of chapter 224, Statutes of Nevada 1999, at

120-40  page 1022, is hereby amended to read as follows:

120-41          Sec. 107.  NRS 590.130 is hereby amended to read as follows:

120-42          590.130  Except as otherwise provided in subsection 2 of NRS

120-43  590.120, all inspection fees received by the department of [taxation]

120-44  motor vehicles must be deposited with the state treasurer for credit to

120-45  the state general fund, and all expenses incurred in carrying out the

120-46  provisions of NRS 590.010 to 590.150, inclusive, must be paid out of

120-47  funds provided by direct legislative appropriation.

 

 

121-1  Sec. 236.  Section 108 of chapter 224, Statutes of Nevada 1999, at

121-2  page 1022, is hereby amended to read as follows:

121-3           Sec. 108.  NRS 590.720 is hereby amended to read as follows:

121-4           590.720  “Department” means the department of [taxation.] motor

121-5  vehicles.

121-6  Sec. 237.  Section 109 of chapter 224, Statutes of Nevada 1999, at

121-7  page 1022, is hereby amended to read as follows:

121-8           Sec. 109.  NRS 590.840 is hereby amended to read as follows:

121-9           590.840  1.  Except as otherwise provided in subsection [3,] 2,

121-10  the department shall collect for deposit in the fund a fee of 0.75 cent

121-11  for each gallon of motor vehicle fuel, diesel fuel of grade number 1,

121-12  diesel fuel of grade number 2 and heating oil imported into this state

121-13  in one of those forms or refined in this state. The fee imposed by this

121-14  section is in addition to the taxes imposed by chapters 365 and 366 of

121-15  NRS.

121-16          2.  [The department of motor vehicles shall cooperate with the

121-17  department of taxation in ascertaining the amount of diesel fuel so

121-18  imported and the identity of each person liable for payment of the fee

121-19  upon it.

121-20          3.]  The fee imposed by subsection 1 does not apply to motor

121-21  vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade

121-22  number 2 or heating oil that is:

121-23          (a) Imported or refined by the United States, its unincorporated

121-24  agencies and instrumentalities, or any incorporated agency or

121-25  instrumentality of the United States wholly owned by the United

121-26  States or by a corporation wholly owned by the United States;

121-27          (b) Exported from [the] this state;

121-28          (c) Imported or refined by railroad companies for use in

121-29  locomotive engines;

121-30          (d) Being transported through [the] this state in interstate

121-31  commerce; or

121-32          (e) Used as fuel for jet or turbine-powered aircraft.

121-33          [4.] 3.  The fee is payable on or before the [25th] last day of each

121-34  calendar month for those products subject to the fee that are handled

121-35  during the preceding calendar month. The department shall prescribe

121-36  by regulation the manner of payment of the fee and for this purpose

121-37  may reasonably classify the persons liable for payment. The

121-38  department may, in collecting the fee, employ any administrative

121-39  power conferred upon it by chapter 365 of NRS[.

121-40          5.] or sections 2 to 45, inclusive, of this act.

121-41          4.  The expenses incurred by the department in performing its

121-42  duties under NRS 590.700 to 590.920, inclusive, are a charge against

121-43  the fund.

121-44     Sec. 238.  Section 8 of chapter 277, Statutes of Nevada 1999, at page

121-45  1168, is hereby amended to read as follows:

121-46          Sec. 8.  1.  This section and sections 1 to 4, inclusive, 6 and 7 of

121-47  this act become effective on October 1, 1999.

121-48          2.  Section 5 of this act becomes effective at 12:01 a.m. on

121-49  October 1, 1999.

122-1           3.  The amendatory provisions of sections 2, 5 and 7 of this act

122-2  expire by limitation on October 1, 2003, if on that date the department

122-3  of motor vehicles [and public safety] has received fewer than 250

122-4  applications for the issuance of a license plate pursuant to section 2 of

122-5  this act.

122-6           4.  The amendatory provisions of sections 3, 4 and 6 of this act

122-7  expire by limitation on October 1, 2003, if on that date the department

122-8  of motor vehicles [and public safety] has received fewer than 250

122-9  applications for the issuance of a license plate pursuant to section 3 of

122-10  this act.

122-11     Sec. 239.  NRS 481.043, 481.0477, 481.085, 481.105, 481.115,

122-12  481.125, 481.130, 481.140, 481.147, 481.150, 481.155, 481.160, 481.180,

122-13  481.185, 481.195, 481.205, 481.215, 481.225, 481.230, 481.240, 481.2405,

122-14  481.241, 481.243, 481.245, 481.250, 481.260, 481.300, 481.310, 486.500,

122-15  486.510 and 486.520 are hereby repealed.

122-16     Sec. 240.  1.  If the authority to appoint an officer or a member of a

122-17  board, commission or similar body is transferred pursuant to the provisions

122-18  of this act to another appointing authority, the officer or member remains

122-19  in office:

122-20     (a) If he serves a definite term of office, for the duration of that term

122-21  unless removed before that date in the manner authorized by law.

122-22     (b) If he serves at the pleasure of the appointing authority, until replaced

122-23  by the new appointing authority.

122-24     2.  Any regulations adopted by an officer or agency whose name has

122-25  been changed or whose responsibilities have been transferred pursuant to

122-26  the provisions of this act to another officer or agency remain in force until

122-27  amended by the officer or agency to which the responsibility for the

122-28  adoption of the regulations is transferred. Such regulations may be

122-29  enforced by the officer or agency to which the responsibility for the

122-30  enforcement of the regulations is transferred.

122-31     3.  Any contract or other agreement entered into by an officer or

122-32  agency whose name is changed or whose responsibility for the

122-33  administration of the provisions of the contract or other agreement is

122-34  transferred pursuant to the provisions of this act to another officer or

122-35  agency are binding upon the officer or agency to which the responsibility

122-36  for the administration of the provisions of the contract or other agreement

122-37  is transferred. Such contracts or other agreements may be enforced by the

122-38  officer or agency to which the responsibility for the administration of the

122-39  provisions of the contract or other agreement is transferred.

122-40     Sec. 241.  1.  This section, sections 1 to 41, inclusive, 43 to 54,

122-41  inclusive, 56, 57, 59 to 223, inclusive, 227 to 240, inclusive, and 242 of

122-42  this act become effective upon passage and approval for the purpose of

122-43  authorizing any preliminary activities necessary to ensure that the

122-44  provisions of this act are carried out in an orderly fashion and on July 1,

122-45  2001, for all other purposes.

122-46     2.  Sections 55, 58, 225 and 226 of this act become effective at 12:01

122-47  a.m. on July 1, 2001.

122-48     3.  Sections 42 and 224 of this act become effective on January 1, 2002.

123-1  Sec. 242.  1.  The legislative counsel shall, in preparing the reprint

123-2  and supplements to the Nevada Revised Statutes, with respect to any

123-3  section which is not amended by this act or is adopted or amended by

123-4  another act, appropriately change any reference to an officer or agency

123-5  whose name is changed or whose responsibilities have been transferred

123-6  pursuant to the provisions of this act to refer to the appropriate officer of

123-7  agency. If any internal reference is made to a section repealed by this act,

123-8  the legislative counsel shall delete the reference and replace it by reference

123-9  to the superseding section, if any.

123-10     2.  The legislative counsel shall, in preparing supplements to the

123-11  Nevada Administrative Code, appropriately change any reference to an

123-12  officer or agency whose name is changed or whose responsibilities have

123-13  been transferred pursuant to the provisions of this act to refer to the

123-14  appropriate officer of agency. If any internal reference is made to a section

123-15  repealed by this act, the legislative counsel shall delete the reference and

123-16  replace it by reference to the superseding section, if any.

123-17     3.  Any reference in a bill or resolution passed by the 71st session of

123-18  the Nevada legislature to an officer or agency whose name is changed or

123-19  whose responsibilities have been transferred pursuant to the provisions of

123-20  this act to another officer or agency shall be deemed to refer to the officer

123-21  or agency to which the responsibility is transferred.

 

123-22  LEADLINES OF REPEALED SECTIONS

 

123-23  481.043  Removal of director; vacancies.

123-24  481.0477  Motor vehicles branch: Composition; duties of deputy

123-25   director.

123-26  481.085  Deposit of money collected or received by certain

123-27   divisions.

123-28  481.105  “Public safety telecommunications operator” defined.

123-29  481.115  Creation; composition; terms of members; compensation.

123-30  481.125  Duties; regulations.

123-31  481.130  Creation.

123-32  481.140  Composition.

123-33  481.147  Payment for cadet attending authorized training

123-34   academy and provided with free room and board prohibited.

123-35  481.150  Powers and duties of chief; appointment of personnel to

123-36   protect life and property and enforce state law.

123-37  481.155  Contracts to provide services for control of vehicular

123-38   traffic in connection with special events.

123-39  481.160  Qualifications of personnel.

123-40  481.180  Duties of personnel.

123-41  481.185  Definitions.

123-42  481.195  “Investigation division” defined.

123-43  481.205  “Off-road vehicle” defined.

123-44  481.215  “Special mobile equipment” defined.

124-1  481.225  “Vehicle” defined.

124-2  481.230  Chief; investigators and agents.

124-3  481.240  Duties of chief.

124-4  481.2405  Additional duties of chief concerning theft and fraud

124-5   related to vehicles.

124-6  481.241  Chief authorized to enter into agreement with state or

124-7   local law enforcement agencies to carry out duties of division;

124-8   exceptions; powers and responsibilities of peace officer pursuant to

124-9   agreement.

124-10  481.243  Appointment of persons with special skills or training as

124-11   investigators; power of appointed persons.

124-12  481.245  Dental examination of unidentifiable dead body;

124-13   procedures following report of person as missing.

124-14  481.250  Sheriff and chief of police to furnish information

124-15   obtained in investigation or prosecution connected with controlled

124-16   substances, dangerous drugs or theft of vehicles.

124-17  481.260  Money to purchase evidence.

124-18  481.300  Report of accident to be furnished upon request of

124-19   person claiming to have sustained damages.

124-20  481.310  Investigations involving theft of motor vehicles:

124-21   Authorized inspections.

124-22  486.500  Educational program concerning bicycle safety.

124-23  486.510  Nevada bicycle advisory board: Creation; appointment

124-24   of members; terms; compensation.

124-25  486.520  Nevada bicycle advisory board: Duties; application for

124-26   grants; assistance from department of transportation.

 

124-27  H