Link to Page 2574

 

…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2575ê

 

CHAPTER 501, AB 38

Assembly Bill No. 38–Assemblyman Neighbors

 

CHAPTER 501

 

AN ACT relating to district courts; providing for an additional judge for the fifth judicial district; authorizing the board of county commissioners to establish one or more locations within the county for a district court to hold court in addition to the county seat; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 1.050 is hereby amended to read as follows:

    1.050  1.  [The] Except as otherwise provided in NRS 3.100, the district court in and for Carson City shall sit at Carson City.

    2.  Except as provided in subsection 4 [,] or NRS 3.100, every other court of justice, except justice’s or municipal court, shall sit at the county seat of the county in which it is held.

    3.  Justices’ courts shall be held in their respective townships, precincts or cities, and municipal courts in their respective cities.

    4.  The parties to an action in a district court may stipulate, with the approval of the court, that the action may be tried, or any proceeding related to the action may be had, before that court at any other place in this state where a district court is regularly held.

    Sec. 2.  NRS 3.015 is hereby amended to read as follows:

    3.015  For the fifth judicial district there must be [one district judge.] two district judges.

    Sec. 3.  NRS 3.100 is hereby amended to read as follows:

    3.100  1.  Except as otherwise provided in this subsection, the district courts shall hold court at the county seat of their respective counties. The board of county commissioners may establish one or more additional locations within the county for the district court to hold court.

    2.  If a room for holding court [be] at the county seat is not provided by the county, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff to provide such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge.

    [2.  Offices shall]

    3.  An office at each county seat must be provided and furnished by and at the expense of the several counties for the several district judges. Whenever the county commissioners of any county [shall] neglect or refuse to provide and furnish such an office for the use of the district judge, [it shall be lawful for such district judge to] the district judge may make an order, which [order shall] must be entered upon the minutes of the court, requiring the sheriff to provide and furnish [such] the office. The necessary expenses incurred therein [shall become] are a legal and valid claim against the county.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2576 (Chapter 501, AB 38)ê

 

    Sec. 4.  1.  There is hereby appropriated from the state general fund to the district judges’ salary account of the supreme court the sum of $62,651 for a portion of the salary for the additional district judge required for the fifth judicial district pursuant to section 2 of this act.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 5.  The additional district judge required for the fifth judicial district pursuant to section 2 of this act must be selected at the general election to be held on November 7, 2000, and take office on January 1, 2001. The term of this judge expires on January 6, 2003.

    Sec. 6.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 7.  1.  This section and sections 1, 3, 5 and 6 of this act become effective on October 1, 1999.

    2.  Section 4 of this act becomes effective on July 1, 2000.

    3.  Section 2 of this act becomes effective on January 1, 2001.

________

 

CHAPTER 502, SB 8

Senate Bill No. 8–Senator Rawson

 

CHAPTER 502

 

AN ACT relating to barbering; prohibiting the refunding of the fee for an examination for licensure by the state barbers’ health and sanitation board if the applicant, without good cause, fails to appear for the examination; requiring persons who are required to display their licenses to provide identification upon the request of a representative of the board; exempting prisoners from the provisions regulating the practice of barbering; increasing the bond and salary of the secretary‑treasurer of the board; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 643 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  An applicant for a license pursuant to the provisions of this chapter who, without good cause, fails to appear for an examination of the board after notification by the board of his eligibility to take the examination:

    (a) Is not entitled to receive a refund of the fee for that examination; and

    (b) Must reapply to take the examination by filing a new application and paying the fee for the examination.

    2.  The board shall, by regulation, define “good cause” for the purposes of this section.

    Sec. 3.  A person who is required to display a license issued pursuant to the provisions of this chapter shall, upon the request of an authorized representative of the board, provide to that representative identification in the form of a driver’s license or identification card with a photograph that has been issued by a state, the District of Columbia or the United States.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2577 (Chapter 502, SB 8)ê

 

form of a driver’s license or identification card with a photograph that has been issued by a state, the District of Columbia or the United States.

    Sec. 4.  NRS 643.010 is hereby amended to read as follows:

    643.010  As used in this chapter, unless the context otherwise requires:

    1.  “Barber school” includes a school of barbering, college of barbering [, barber college ,] and any other place or institution of instruction training persons to engage in the practice of barbering.

    2.  “Barbershop” [embraces] means any establishment or place of business [wherein] where the practice of barbering is engaged in or carried on.

    3.  “Board” means the state barbers’ health and sanitation board.

    4.  “Instructor” means any person [certified] who is licensed by the board pursuant to the provisions of this chapter to instruct the practice of barbering in a barber school.

    5.  “Licensed apprentice” means a person who is licensed to engage in the practice of barbering as an apprentice pursuant to the provisions of this chapter.

    6.  “Licensed barber” means a person who is licensed to engage in the practice of barbering pursuant to the provisions of this chapter.

    7.  “Practice of barbering” [is defined to be any of, or any combination of, or all] means any of the following practices for cosmetic purposes:

    (a) Shaving or trimming the beard, cutting or trimming the hair, or hair weaving.

    (b) Giving massages of the face or scalp or treatments with oils, creams, lotions or other preparations, [either] by hand or mechanical appliances.

    (c) Singeing, shampooing or dyeing the hair, or applying hair tonics.

    (d) Applying cosmetic preparations, antiseptics, powders, oils or lotions to the scalp, face or neck.

    (e) Arranging, fitting, cutting, styling, cleaning, coloring or dyeing a hairpiece or wig, whether made of human hair or synthetic material. This does not restrict any establishment from setting or styling a hairpiece or wig in preparation for retail sale.

    [6.  “Practitioner of barbering” means a person engaged in any of the practices designated in subsection 5.

    7.] 8.  “Student” means a person receiving instruction in a barber school.

    Sec. 4.5.  NRS 643.019 is hereby amended to read as follows:

    643.019  This chapter does not apply [:

    1.  To persons] to:

    1.  Persons licensed pursuant to chapter 644 of NRS.

    2.  [To embalmers] Embalmers or undertakers in cutting the hair or trimming the beard of any deceased person in preparation for burial or cremation.

    3.  A prisoner who cuts hair in the city or county jail, state prison, or other detention or correctional facility in which he is incarcerated.

    Sec. 5.  NRS 643.020 is hereby amended to read as follows:

    643.020  1.  The state barbers’ health and sanitation board, consisting of four members, is hereby created.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2578 (Chapter 502, SB 8)ê

 

    2.  The board consists of the state health officer, or a member of his staff designated by the state health officer, and three members who are [registered] licensed barbers appointed by the governor. Of the barbers, one barber must be from Clark County, one barber must be from Washoe County and one barber must be from any county in the state. Each of the barbers must have been a resident of this state and a practicing [registered] licensed barber for at least 5 years immediately before his appointment.

    3.  The governor may remove a member of the board for cause.

    Sec. 6.  NRS 643.030 is hereby amended to read as follows:

    643.030  1.  The board shall elect a president. No person may serve as president for more than 4 consecutive years.

    2.  The board shall elect a vice president.

    3.  The board shall elect a secretary-treasurer, who may or may not be a member of the board. The board shall fix the salary of the secretary-treasurer, which must not exceed the sum of [$2,400] $3,600 per year.

    4.  Each officer and member of the board is entitled to receive:

    (a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and

    (b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.

    5.  While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.

    6.  The secretary-treasurer shall:

    (a) Keep a record of all proceedings of the board.

    (b) Give to [the] this state a bond in the sum of [$2,000,] $3,000, with sufficient sureties, for the faithful performance of his duties. The bond must be approved by the board.

    Sec. 7.  NRS 643.050 is hereby amended to read as follows:

    643.050  1.  The board [shall have the authority:

    (a) To maintain] may:

    (a) Maintain offices in as many [localities in the] locations in this state as it finds necessary to carry out the provisions of this chapter.

    (b) [To employ] Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

    (c) [To make reasonable rules and regulations for the administration of] Adopt regulations necessary to carry out the provisions of this chapter.

    2.  The board shall prescribe , by regulation, sanitary requirements for barbershops and barber schools.

    3.  Any member of the board or its agents or assistants [shall have authority to] may enter and inspect any barbershop or barber school at any time during business hours or at any time when the practice of barbering or instruction in [such] that practice is being carried on.

    4.  The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of [certificates of registration. This record shall also] licenses. The record must contain the name, place of business and residence of each [registered barber and registered apprentice,] licensed barber, licensed apprentice and instructor, and the date and number of his [certificate of registration.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2579 (Chapter 502, SB 8)ê

 

registered apprentice,] licensed barber, licensed apprentice and instructor, and the date and number of his [certificate of registration. This record shall] license. The record must be open to public inspection at all reasonable times.

    5.  The board [shall have power to] may approve and, by official order, [to] establish the days and hours when barbershops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative group of licensed barbers of at least 70 percent of the licensed barbers of any county. The board [shall have like power to] may investigate the reasonableness and propriety of the hours fixed by such an agreement, as is conferred by the provisions of this chapter, and the board may fix hours for any portion of a county.

    6.  The board [shall have authority to adopt and enforce reasonable rules and] may adopt regulations governing the conduct of barber schools [.

    7.  The board shall have authority to prescribe] and the course of study of barber schools.

    Sec. 8.  NRS 643.070 is hereby amended to read as follows:

    643.070  Any person is qualified to receive a [certificate of registration] license as a barber:

    1.  Who is qualified under the provisions of NRS [643.080 or] 643.085.

    2.  Who is at least 18 years of age.

    3.  Who is of good moral character and temperate habits.

    4.  Who has [practiced] :

    (a) Practiced as a [registered] licensed apprentice for a period of 18 months under the immediate personal supervision of a [registered] licensed barber ; or [has satisfied]

    (b) Complied with the requirements of NRS 643.085.

    5.  Who has passed an examination conducted by the board to determine his fitness to practice as a [registered] licensed barber.

    6.  Who has had a chest X‑ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.

    Sec. 9.  NRS 643.080 is hereby amended to read as follows:

    643.080  Any person is qualified to receive a [certificate of registration as a registered] license as an apprentice:

    1.  Who is at least 16 1/2 years of age.

    2.  Who is of good moral character and temperate habits.

    3.  Who has graduated from a school of barbering approved by the board.

    4.  Who has passed an examination conducted by the board to determine his fitness to practice as a [registered] licensed apprentice.

    5.  Who has had a chest X‑ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.

    Sec. 10.  NRS 643.085 is hereby amended to read as follows:

    643.085  [For the purpose of issuing a certificate of registration as a barber, a] A person who:

    1.  Is licensed pursuant to the provisions of chapter 644 of NRS [who has] ; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2580 (Chapter 502, SB 8)ê

 

    2.  Has completed 400 hours of specialized training at a barber school [of barbering] approved by the board , [is entitled to]

may take the examination for a license as a [practitioner of barbering] barber without being [certified] licensed as an apprentice.

    Sec. 11.  NRS 643.090 is hereby amended to read as follows:

    643.090  1.  Each applicant for a [certificate of registration as a practitioner of barbering] license as a barber or an apprentice must file an application verified by him for an examination before the board.

    2.  The application must be in a form prescribed by the board and include the social security number of the applicant.

    3.  Each application must be accompanied by the fees [provided] prescribed by subsection 4.

    4.  The board shall annually fix the examination fees, which must not be more than $100.

    5.  Each applicant must, at the time of filing the application, file a certificate [of] signed by a licensed physician certifying that the applicant is free from tuberculosis and other communicable diseases.

    Sec. 12.  NRS 643.095 is hereby amended to read as follows:

    643.095  1.  An applicant for the issuance or renewal of a [certificate of registration] license as a barber [or registered apprentice shall] , an apprentice or an instructor must submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

    2.  The board shall include the statement required pursuant to subsection 1 in:

    (a) The application or any other forms that must be submitted for the issuance or renewal of the [certificate of registration;] license; or

    (b) A separate form prescribed by the board.

    3.  A [certificate of registration] license as a barber [or registered] , an apprentice or an instructor may not be issued or renewed by the board if the applicant:

    (a) Fails to submit the statement required pursuant to subsection 1; or

    (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

    4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

    Sec. 13.  NRS 643.100 is hereby amended to read as follows:

    643.100  1.  Not less than three times each year, at such times and places as it determines, the board shall conduct examinations to determine the fitness of each of the following:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2581 (Chapter 502, SB 8)ê

 

    (a) Applicants for [certificates of registration to practice as registered] licenses as barbers.

    (b) Applicants for [certificates of registration to practice as registered] licenses as apprentices.

    (c) Applicants to enter barber schools.

    2.  The examination of applicants for [certificates of registration as registered] licenses as barbers and [as registered apprentices shall include both] apprentices must include a practical demonstration and a written and oral test [, and shall embrace] that must include the subjects usually taught in barber schools [of barbering] approved by the board.

    Sec. 14.  NRS 643.110 is hereby amended to read as follows:

    643.110  1.  Except as otherwise provided in subsection 2, an applicant for a license as a [practitioner of barbering] barber who fails to pass [a satisfactory] the examination conducted by the board must continue to practice as [an] a licensed apprentice for an additional 3 months before he [is again entitled to take] may retake the examination for [registration] a license as a barber.

    2.  An applicant for a license as a [practitioner of barbering] barber who is a cosmetologist licensed pursuant to the provisions of chapter 644 of NRS and who fails to pass [a satisfactory] the examination conducted by the board must complete further study as prescribed by the board, not exceeding 250 hours, in a barber school [of barbering] approved by the board before he [is again entitled to take] may retake the examination [.] for a license as a barber.

    3.  An applicant for a [certificate of registration to practice] license as an apprentice who fails to pass the examination provided for in NRS 643.080 must complete further study as prescribed by the board in a barber school approved by the board [.] before he may retake the examination for a license as an apprentice.

    4.  An applicant for a license as an instructor who fails to pass the examination provided for in NRS 643.1775 must complete further study prescribed by the board, not to exceed 250 hours, in a barber school approved by the board before he may retake the examination for a license as an instructor.

    Sec. 15.  NRS 643.120 is hereby amended to read as follows:

    643.120  Any person who has a license or certificate [of registration as a practicing] as a barber or an apprentice from another state , the District of Columbia or a country which has substantially the same requirements for licensing [or registering] barbers and apprentices as are required by the provisions of this chapter [shall] must be admitted to practice [under such rules and regulations as the board shall prescribe under the terms of this chapter.] as a licensed barber or apprentice pursuant to the regulations adopted by the board.

    Sec. 16.  NRS 643.130 is hereby amended to read as follows:

    643.130  A [certificate of registered] license as a barber or [of registered] an apprentice must be issued by the board to any applicant who:

    1.  Passes an examination as provided for in NRS 643.070 and 643.080;

    2.  Possesses the other qualifications required by the provisions of this chapter;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2582 (Chapter 502, SB 8)ê

 

    3.  Submits the statement required pursuant to NRS 643.095; and

    4.  Complies with the requirements set forth in the [rules and] regulations of the board.

    Sec. 17.  NRS 643.140 is hereby amended to read as follows:

    643.140  1.  [Every registered] Each licensed barber and [every registered] each licensed apprentice who continues in active practice or service shall biennially, on or before April 1 of each even‑numbered year, renew his [certificate of registration] license and pay the required fee. The board shall fix the fee for renewal of a [certificate of registration,] license, which must not be more than $60. The statement required pursuant to NRS 643.095 must be submitted with the fee. Every [certificate of registration] license which has not been renewed before May 1 of an even‑numbered year expires on that date.

    2.  A [registered] licensed barber or a [registered] licensed apprentice whose [certificate of registration] license has expired may have his [certificate] license restored immediately upon submission of the statement required pursuant to NRS 643.095 and payment of the required restoration fee at any time within 2 years after the expiration of his [certificate of registration.] license. The board shall fix the restoration fee, which must not be more than $120.

    Sec. 18.  NRS 643.150 is hereby amended to read as follows:

    643.150  1.  [Every holder of a certificate of registration] Each licensed barber and licensed apprentice shall display [it] his license in a conspicuous place adjacent to or near his work chair.

    2.  A copy of the [rules and regulations and sanitary requirements] regulations adopted by the board [shall be furnished] must be:

    (a) Provided to the owner or manager of each barbershop or barber school [, and such copy shall be posted] ; and

    (b) Displayed in a conspicuous place in [such] the barbershop or barber school.

    Sec. 19.  NRS 643.170 is hereby amended to read as follows:

    643.170  1.  The board shall not suspend or revoke [any certificate of registration] the license of any person, or refuse to issue or renew any [certificate of registration,] license, unless:

    (a) Before taking that action the board gives written notice thereof to the accused stating the specific reason for its adverse action; and

    (b) The accused is granted the opportunity to appear before the board for a hearing within 20 days after the date of the notice.

    2.  The board may:

    (a) Summon witnesses.

    (b) Require the production of books, records and papers for [the purpose of] the hearing.

    3.  Subpoenas must be issued by the secretary‑treasurer of the board directed to the sheriff of the proper county to be served and returned in the same manner as subpoenas in criminal cases. The fees and mileage of the sheriff and witnesses must be the same as is allowed in criminal cases and must be paid from the money of the board as other expenses of the board are paid.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2583 (Chapter 502, SB 8)ê

 

    4.  If the accused prevails at the hearing, the board shall grant him the proper relief without delay.

    5.  Any investigation, inquiry or hearing thus authorized may be entertained or held by or before a member or members of the board, and the finding or order of the member or members, when approved and confirmed by the board, shall be deemed the finding or order of the board.

    Sec. 20.  NRS 643.171 is hereby amended to read as follows:

    643.171  No person [, firm or corporation] may operate a barbershop unless the board has issued a license to operate [such shop to such person, firm or corporation.] a barbershop to that person.

    Sec. 21.  (Deleted by amendment.)

    Sec. 22.  NRS 643.1715 is hereby amended to read as follows:

    643.1715  [No] A license to operate a barbershop [may be assigned] may not be:

    1.  Assigned from one person [, firm or corporation] to any other person [, firm or corporation, nor may such license be transferred] ; or

    2.  Transferred from one location to another.

    Sec. 23.  NRS 643.1716 is hereby amended to read as follows:

    643.1716  [No person, firm or corporation may] A person may not operate any barbershop unless [such person, firm or corporation and such barbershop respectively comply] he complies with all the applicable requirements of NRS 643.200 and [with] the regulations adopted by the board.

    Sec. 24.  NRS 643.172 is hereby amended to read as follows:

    643.172  It is unlawful for any person [, firm or corporation] to operate a barber school unless the board has issued [to such person, firm or corporation] a license [which is current and in good standing.] to the person to operate the barber school.

    Sec. 25.  NRS 643.174 is hereby amended to read as follows:

    643.174  Upon receipt of an application to operate a barber school, the board shall require the applicant, if [an individual,] the applicant is a sole proprietor, or a member, partner or officer , if the applicant is a firm, partnership or corporation, to appear personally before the board and submit information in such form as the board may by regulation prescribe showing:

    1.  The location of the proposed [college] barber school and its physical facilities and equipment;

    2.  The proposed maximum number of students to be trained at any one time and the number of instructors to be provided;

    3.  The nature and terms of the applicant’s right of possession of the proposed premises, whether by lease, ownership or otherwise;

    4.  The financial ability of the applicant to operate the [college] barber school in accordance with the requirements of this chapter and the regulations of the board; and

    5.  Such other information as the board considers necessary.

    Sec. 26.  NRS 643.175 is hereby amended to read as follows:

    643.175  1.  The fee [to be paid by an applicant] for a license to operate a barber school, as provided in NRS 643.173, [shall be $250, which fee will] is $250. The fee must be returned if the application is rejected.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2584 (Chapter 502, SB 8)ê

 

    2.  The fee [to be paid by an applicant] for the renewal of a license to operate a barber school [shall be] is $100.

    3.  [Every] Each license to operate a barber school which has not been renewed during the month of April in any year [shall expire] expires on May 1 of that year.

    Sec. 27.  NRS 643.176 is hereby amended to read as follows:

    643.176  1.  The board may adopt and enforce reasonable regulations governing:

    (a) The conduct of barber schools;

    (b) The course of study of barber schools;

    (c) The examination of instructors;

    (d) The fee for the examination of instructors, which may not exceed $75; and

    (e) The fee for the issuance and renewal of an instructor’s [certificate.] license.

    2.  The board shall require, as a prerequisite for the renewal of an instructor’s [certification,] license, continuing education in the form of seminars or other training.

    Sec. 28.  NRS 643.177 is hereby amended to read as follows:

    643.177  Any person who owns, manages, operates or controls any barber school, or part [or portion] thereof, shall:

    1.  Display a sign at every entrance to the barber school indicating that barbering is performed by students exclusively;

    2.  Have at least two instructors [available] on the premises of the barber school at all times [when] if the active enrollment of the school is 20 or more students and at least [one instructor when the active enrollment is less;] two instructors available to provide instruction at all times; and

    3.  Comply with all other provisions of this chapter relating to barber schools.

    Sec. 29.  NRS 643.1775 is hereby amended to read as follows:

    643.1775  The board shall [certify] license any person as an instructor who:

    1.  Has applied to the board in writing on the form prescribed by the board;

    2.  Holds a high school diploma or its equivalent;

    3.  Has paid the applicable fees;

    4.  Holds a [certificate of registered] license as a barber issued by the board;

    5.  Submits the statement required pursuant to NRS 643.095;

    6.  Has practiced not less than 5 years as a full-time licensed barber in this state , the District of Columbia or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this state;

    [6.] 7.  Has successfully completed a training program for instructors conducted by a licensed barber school which consists of [a minimum of 400] not less than 600 hours of instruction within a 6-month period; and

    [7.  Successfully passes]

    8.  Has passed an examination for instructors administered by the board.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2585 (Chapter 502, SB 8)ê

 

    Sec. 30.  NRS 643.1775 is hereby amended to read as follows:

    643.1775  The board shall license any person as an instructor who:

    1.  Has applied to the board in writing on the form prescribed by the board;

    2.  Holds a high school diploma or its equivalent;

    3.  Has paid the applicable fees;

    4.  Holds a license as a barber issued by the board;

    5.  [Submits the statement required pursuant to NRS 643.095;

    6.]  Has practiced not less than 5 years as a full-time licensed barber in this state, the District of Columbia or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this state;

    [7.] 6.  Has successfully completed a training program for instructors conducted by a licensed barber school which consists of not less than 600 hours of instruction within a 6-month period; and

    [8.] 7.  Has passed an examination for instructors administered by the board.

    Sec. 31.  NRS 643.182 is hereby amended to read as follows:

    643.182  1.  The board may by regulation require a licensed barber to maintain a barbershop licensed by the board as his primary base of operation for the performance of barbering services.

    2.  [Nothing in this section prevents] The provisions of this section do not prevent a licensed barber who complies with regulations adopted pursuant to subsection 1 from providing barbering services to customers away from his shop as a matter of convenience to those customers.

    Sec. 32.  NRS 643.185 is hereby amended to read as follows:

    643.185  1.  The following are grounds for disciplinary action by the board:

    (a) Violation by any person [holding a certificate or license issued] licensed pursuant to the provisions of this chapter of any provision of this chapter or the regulations adopted by the board.

    (b) Conviction of a felony.

    (c) Malpractice or incompetency.

    (d) Continued practice by a person knowingly having an infectious or contagious disease.

    (e) Advertising, practicing or attempting to practice under another’s name or trade name.

    (f) Drunkenness or addiction to a controlled substance.

    2.  If the board determines that a violation of this section has occurred, it may:

    (a) Refuse to issue or renew a [certificate or] license;

    (b) Revoke or suspend a [certificate or] license;

    (c) Impose a fine of not more than $1,000; [or] and

    (d) Require the person to pay all costs incurred by the board relating to the discipline of the person.

    Sec. 33.  NRS 643.188 is hereby amended to read as follows:

    643.188  1.  If the board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is [the holder of a certificate of registration] licensed as a barber [or registered apprentice,] , an apprentice or an instructor, the board shall deem the [certificate of registration] license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the [certificate of registration] license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the [certificate of registration] license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2586 (Chapter 502, SB 8)ê

 

person who is [the holder of a certificate of registration] licensed as a barber [or registered apprentice,] , an apprentice or an instructor, the board shall deem the [certificate of registration] license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the [certificate of registration] license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the [certificate of registration] license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    2.  The board shall reinstate a [certificate of registration as a barber or registered apprentice] license that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose [certificate of registration] license was suspended stating that the person whose [certificate of registration] license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    Sec. 34.  NRS 643.190 is hereby amended to read as follows:

    643.190  It shall be unlawful:

    1.  For any person in this state to engage in the practice or attempt to practice barbering without a [certificate of registration, health and sanitation] license issued by the board pursuant to the provisions of this chapter.

    2.  For any owner or manager of any barbershop to employ a barber who does not have a [certificate of registration, health and sanitation] license issued by the board or whose [shop] barbershop does not meet the sanitary requirements of the board.

    3.  For any person to engage in the practice of barbering without a [certificate of registration as a registered] license as a barber issued pursuant to the provisions of this chapter by the board.

    4.  For any person to serve as an apprentice under a [registered] licensed barber without a [certificate of registration as a registered] license as an apprentice issued by the board.

    5.  For any person [, firm or corporation] to operate a barbershop unless [such shop shall] the barbershop is at all times [be] under the direct supervision and management of a [registered] licensed barber.

    6.  For any person [, firm or corporation] to hire or employ any person to engage in the practice of barbering unless [such person then holds a valid, unexpired and unrevoked certificate of registration to practice barbering or a certificate of registration as a registered] the person holds a license as a barber or an apprentice issued under the provisions of this chapter.

    7.  For any person to place a barber pole in a location that would create or tend to create the impression to members of the general public that a business located near the barber pole is a barbershop unless the business employs licensed barbers. As used in this subsection, “barber pole” means a red and white striped vertical cylinder with a ball located on top of the cylinder.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2587 (Chapter 502, SB 8)ê

 

    Sec. 35.  NRS 643.200 is hereby amended to read as follows:

    643.200  1.  It shall be unlawful for any licensed barber or apprentice:

    (a) Knowingly to continue the practice of barbering, or for any student knowingly to continue as a student in any [school or college of barbering while such] barber school while the person has an infectious, contagious or communicable disease.

    (b) To use upon one patron a towel that has been used upon another patron unless [and until] the towel has been relaundered.

    (c) Not to provide the headrest on each chair with a relaundered towel or a sheet of clean paper for each patron.

    (d) Not to place around the patron’s neck a strip of cotton, towel or neckband so that the hair cloth does not come in contact with the neck or skin of the patron’s body.

    (e) To use in the practice of barbering any styptic pencils, finger bowls, sponges, lump alum or powder puffs. Possession of a styptic pencil, finger bowl, sponge, lump alum or powder puff in a barbershop is prima facie evidence that the [same] item is being used therein in the practice of barbering.

    (f) To use on any patron any razors, scissors, tweezers, combs, rubber discs or parts of vibrators used on another patron, unless [the same be] the items are kept in a closed compartment and immersed in boiling water or in a solution of 2 percent carbolic acid, or its equivalent, before each [such] use.

    2.  It shall be unlawful to own, manage, control or operate any barbershop unless:

    (a) Continuously hot and cold running water [be provided for, if possible.] is provided.

    (b) A recognized sign is displayed at the main entrance to the shop indicating that it is a barbershop.

    [3.  The board shall have power to make other rules and regulations and prescribe other sanitary requirements in addition to the provisions of subsections 1 and 2 in aid or furtherance of the provisions of this chapter.]

    Sec. 36.  NRS 643.205 is hereby amended to read as follows:

    643.205  It is unlawful for any person to instruct the practice of barbering in a barber school unless he is [certified] licensed by the board to do so.

    Sec. 37.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

    Sec. 38.  1.  This section and sections 1 to 29, inclusive, and sections 31 to 37, inclusive, of this act become effective on October 1, 1999.

    2.  Section 30 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2588ê

 

CHAPTER 503, SB 504

Senate Bill No. 504–Committee on Finance

 

CHAPTER 503

 

AN ACT making appropriations to the Department of Motor Vehicles and Public Safety for the costs of the VHF Highband Radio Project and to the Department of Transportation for completion of 800 MHz radio communication system; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby appropriated from the state general fund:

    (a) The sum of $290,144 to the Division of Parole and Probation; and

    (b) The sum of $65,278 to the Investigation Division,

of the Department of Motor Vehicles and Public Safety for the Phase II costs of the VHF Highband Radio Project.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 2.  1.  There is hereby appropriated from the state highway fund:

    (a) The sum of $9,823,840 to the Nevada Highway Patrol Division; and

    (b) The sum of $40,220 to the Registration Division,

of the Department of Motor Vehicles and Public Safety for the Phase II costs of the VHF Highband Radio Project.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.

    Sec. 3.  1.  There is hereby appropriated from the state highway fund to the Department of Transportation the sum of $4,332,250 for the costs to complete the development and installation of the 800 MHz radio communication system.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.

    Sec. 4.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2589ê

 

CHAPTER 504, SB 469

Senate Bill No. 469–Committee on Human Resources and Facilities

 

CHAPTER 504

 

AN ACT relating to persons with mental disabilities; extending certain governmental services relating to mental retardation to persons with related conditions; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Persons with related conditions” means persons who have a severe, chronic disability which:

    1.  Is attributable to:

    (a) Cerebral palsy or epilepsy; or

    (b) Any other condition, other than mental illness, found to be closely related to mental retardation because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of a mentally retarded person and requires treatment or services similar to those required by a mentally retarded person;

    2.  Is manifested before the person affected attains the age of 22 years;

    3.  Is likely to continue indefinitely; and

    4.  Results in substantial functional limitations in three or more of the following areas of major life activity:

    (a) Taking care of oneself;

    (b) Understanding and use of language;

    (c) Learning;

    (d) Mobility;

    (e) Self-direction; and

    (f) Capacity for independent living.

    Sec. 2.  NRS 433.003 is hereby amended to read as follows:

    433.003  The legislature hereby declares that it is the intent of this Title:

    1.  To eliminate the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness or mental retardation [,] or a related condition, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and

    2.  To charge the division of mental health and developmental services, and the division of child and family services, of the department with recognizing their duty to act in the best interests of their respective clients by placing them in the least restrictive environment.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2590 (Chapter 504, SB 469)ê

 

    Sec. 3.  NRS 433.005 is hereby amended to read as follows:

    433.005  As used in this Title, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.224, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.

    Sec. 4.  NRS 433.184 is hereby amended to read as follows:

    433.184  “Mental retardation center” means an organized program for providing appropriate services and treatment to mentally retarded persons [.] and persons with related conditions. A mental retardation center may include facilities for residential treatment and training.

    Sec. 5.  NRS 433.214 is hereby amended to read as follows:

    433.214  “Training” means a program of services directed primarily toward enhancing the health, welfare and development of mentally retarded persons and persons with related conditions through the process of providing those experiences that will enable the individual to:

    1.  Develop his physical, intellectual, social and emotional capacities to the fullest extent;

    2.  Live in an environment that is conducive to personal dignity; and

    3.  Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.

    Sec. 6.  NRS 433.233 is hereby amended to read as follows:

    433.233  1.  The division facilities providing mental health services are designated as:

    (a) Nevada mental health institute;

    (b) Southern Nevada adult mental health services;

    (c) Rural clinics; and

    (d) Lakes Crossing center.

    2.  The division facilities providing services for mentally retarded persons and persons with related conditions are designated as:

    (a) Desert regional center;

    (b) Sierra regional center; and

    (c) Rural regional center.

    3.  Division facilities established after July 1, 1981, must be named by the administrator, subject to the approval of the director of the department.

    Sec. 7.  NRS 433.244 is hereby amended to read as follows:

    433.244  1.  The administrator must:

    (a) Have training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.

    (b) Be appointed, from a list of three persons nominated by the commission, on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons [.] and persons with related conditions.

    (c) Have additional qualifications which are in accordance with criteria prescribed by the department of personnel.

    2.  The administrator is in the unclassified service of the state.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2591 (Chapter 504, SB 469)ê

 

    Sec. 8.  NRS 433.279 is hereby amended to read as follows:

    433.279  1.  The division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians:

    (a) Employed by the division, or other employees of the division who perform similar duties, but are classified differently.

    (b) Employed by the division of child and family services of the department.

The program must be carried out in cooperation with the University and Community College System of Nevada.

    2.  A mental health-mental retardation technician is responsible to the director of the service in which his duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

    3.  The division shall adopt regulations to carry out the provisions of this section.

    4.  As used in this section, “mental health-mental retardation technician” means an employee of the division of mental health and developmental services or the division of child and family services who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of mentally ill, emotionally disturbed or mentally retarded persons [,] or persons with related conditions, and who has direct responsibility for:

    (a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable clients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or

    (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of clients, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the clients.

    Sec. 9.  NRS 433.314 is hereby amended to read as follows:

    433.314  The commission shall:

    1.  Establish policies to ensure adequate development and administration of services for the mentally ill and mentally retarded [,] and persons with related conditions, including services to prevent mental illness and mental retardation and related conditions, and services provided without admission to a facility or institution;

    2.  Set policies for the care and treatment of mentally ill and mentally retarded persons and persons with related conditions provided by all state agencies;

    3.  Review the programs and finances of the division; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2592 (Chapter 504, SB 469)ê

 

    4.  Report at the beginning of each year to the governor and at the beginning of each odd-numbered year to the legislature on the quality of the care and treatment provided for mentally ill and mentally retarded persons and persons with related conditions in this state and on any progress made toward improving the quality of that care and treatment.

    Sec. 10.  NRS 433.316 is hereby amended to read as follows:

    433.316  The commission may:

    1.  Collect and disseminate information pertaining to mental health and mental retardation [.] and related conditions.

    2.  Request legislation pertaining to mental health and mental retardation [.] and related conditions.

    3.  Investigate complaints about the care of any person in a public facility for the treatment of the mentally ill or mentally retarded [.] and persons with related conditions.

    4.  Accept, as authorized by the legislature, gifts and grants of money and property.

    5.  Take appropriate steps to increase the availability of and to enhance the quality of the care and treatment of the mentally ill and mentally retarded and persons with related conditions provided through state agencies, hospitals and clinics.

    6.  Promote programs for the treatment of the mentally ill and mentally retarded and persons with related conditions and participate in and promote the development of facilities for training persons to provide services for the mentally ill and mentally retarded [.] and persons with related conditions.

    7.  Create a plan to coordinate the services for the treatment of the mentally ill and the mentally retarded and persons with related conditions provided in this state and to provide continuity in the care and treatment provided.

    8.  Establish and maintain an appropriate program which provides information to the general public concerning mental illness and mental retardation and related conditions and consider ways to involve the general public in the decisions concerning the policy on mental illness and mental retardation [.] and related conditions.

    9.  Compile statistics on mental illness and study the cause, pathology and prevention of that illness.

    10.  Establish programs to prevent or postpone the commitment of residents of this state to facilities for the treatment of the mentally ill and mentally retarded [.] and persons with related conditions.

    11.  Evaluate the future needs of this state concerning the treatment of mental illness and mental retardation and related conditions and develop ways to improve the treatment already provided.

    12.  Take any other action necessary to promote mental health in this state.

    Sec. 11.  NRS 433.324 is hereby amended to read as follows:

    433.324  1.  The commission shall adopt regulations:

    (a) For the care and treatment of mentally ill and mentally retarded persons and persons with related conditions by all state agencies and facilities, and their referral to private facilities;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2593 (Chapter 504, SB 469)ê

 

    (b) To ensure continuity in the care and treatment provided to mentally ill and mentally retarded persons and persons with related conditions in this state; and

    (c) Necessary for the proper and efficient operation of the facilities of the division.

    2.  The commission may adopt regulations to promote programs relating to mental health and mental retardation [.] and related conditions.

    Sec. 12.  NRS 433.325 is hereby amended to read as follows:

    433.325  The commission or its designated agent may inspect any state facility providing services for the mentally ill or mentally retarded and persons with related conditions to determine if the facility is in compliance with the provisions of this Title and any regulations adopted pursuant to those provisions.

    Sec. 13.  NRS 433.334 is hereby amended to read as follows:

    433.334  The division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of mentally ill and mentally retarded clients [.] and clients with related conditions.

    Sec. 14.  NRS 433.344 is hereby amended to read as follows:

    433.344  The division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for mentally ill and mentally retarded persons and persons with related conditions when it appears that they can be treated best in that manner.

    Sec. 15.  NRS 433.395 is hereby amended to read as follows:

    433.395  1.  Upon approval of the director of the department, the administrator may accept:

    (a) Donations of money and gifts of real or personal property; and

    (b) Grants of money from the Federal Government,

for use in public or private programs that provide services to persons in this state who are mentally ill or mentally retarded [.] and persons with related conditions.

    2.  The administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons who are mentally ill or mentally retarded and persons with related conditions in a manner that supports the plan to coordinate services created by the commission pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the administrator shall make disbursements to programs that will maximize the benefit provided to persons who are mentally ill or mentally retarded and persons with related conditions in consideration of the nature and value of the donation, gift or grant.

    3.  Within limits of legislative appropriations or other available money, the administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.

    Sec. 16.  NRS 433.404 is hereby amended to read as follows:

    433.404  1.  The division shall establish a fee schedule for services rendered through any program supported by the state pursuant to the provisions of chapters 433 to 436, inclusive, of NRS. The schedule must be submitted to the commission and the director of the department for joint approval before enforcement.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2594 (Chapter 504, SB 469)ê

 

submitted to the commission and the director of the department for joint approval before enforcement. The fees collected by facilities operated by the division pursuant to this schedule must be deposited in the state treasury to the credit of the state general fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to mentally retarded clients [.] and clients with related conditions.

    2.  For a facility providing services for the treatment of the mentally ill or mentally retarded [,] and persons with related conditions, the fee established must approximate the cost of providing the service, but if a client is unable to pay in full the fee established pursuant to this section, the division may collect any amount the client is able to pay.

    Sec. 17.  NRS 433.458 is hereby amended to read as follows:

    433.458  “Administrative officer” means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health or mental retardation and related conditions and that is operated by any public or private entity.

    Sec. 18.  NRS 433.494 is hereby amended to read as follows:

    433.494  1.  An individualized written plan of mental health or mental retardation services or plan of services for a related condition must be developed for each client of each facility. The plan must provide for the least restrictive treatment procedure that may reasonably be expected to benefit the client.

    2.  The plan must be kept current and must be modified when indicated. The plan must be thoroughly reviewed at least once every 3 months.

    3.  The person in charge of implementing the plan of services must be designated in the plan.

    Sec. 19.  NRS 433A.020 is hereby amended to read as follows:

    433A.020  The administrative officer of a facility of the division must:

    1.  Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, education or administration.

    2.  Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of mentally ill and mentally retarded persons [.] and persons with related conditions.

    3.  Have additional qualifications which are in accordance with criteria prescribed by the department of personnel.

    Sec. 20.  NRS 435.005 is hereby amended to read as follows:

    435.005  Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the division offering services to mentally retarded persons [.] and persons with related conditions.

    Sec. 21.  NRS 435.007 is hereby amended to read as follows:

    435.007  As used in this chapter, unless the context otherwise requires:

    1.  “Child” means any person under the age of 18 years who may be eligible for mental retardation services [.] or services for a related condition.

    2.  “Residential facility for groups” means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2595 (Chapter 504, SB 469)ê

 

    3.  “Parent” means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.

    4.  “Person” includes a child and any other mentally retarded client or client with a related condition who has attained the age of 18 years.

    Sec. 22.  NRS 435.010 is hereby amended to read as follows:

    435.010  1.  The boards of county commissioners of the various counties shall make provision for the support, education and care of the mentally retarded children and children with related conditions of their respective counties.

    2.  For that purpose they are empowered to make all necessary contracts and agreements to carry out the provisions of NRS 435.010 to 435.040, inclusive. Any such contract or agreement may be made with any responsible person or facility in or without the State of Nevada.

    3.  The provisions of NRS 435.010 to 435.040, inclusive, supplement the services which other political subdivisions or agencies of the state are required by law to provide, and do not supersede or relieve the responsibilities of such political subdivisions or agencies.

    Sec. 23.  NRS 435.020 is hereby amended to read as follows:

    435.020  All mentally retarded children and children with related conditions are entitled to benefits under NRS 435.010 to 435.040, inclusive:

    1.  Who are unable to pay for their support and care;

    2.  Whose parents, relatives or guardians are unable to pay for their support and care; and

    3.  If division facilities are to be utilized, whom the division recognizes as proper subjects for services within such division facilities.

    Sec. 24.  NRS 435.030 is hereby amended to read as follows:

    435.030  1.  A parent, relative, guardian or nearest friend of any mentally retarded child [,] or a child with a related condition who is a resident of this state, may file with the board of county commissioners of the proper county an application under oath stating:

    (a) That the child meets the criteria set forth in NRS 435.020; and

    (b) That the child requires services not otherwise required by law to be provided to him by any other county, political subdivision or agency of this or any other state.

    2.  If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.

    3.  The board of county commissioners shall make necessary arrangements for the transportation of a mentally retarded child or a child with a related condition to any responsible person or facility to be utilized pursuant to contract or agreement as designated in NRS 435.010 at the expense of the county.

    4.  A certificate of the board of county commissioners, when produced, shall be the authority of any responsible person or facility in or without the State of Nevada under contract with the board of county commissioners to receive any such mentally retarded child [.] or child with a related condition.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2596 (Chapter 504, SB 469)ê

 

    Sec. 25.  NRS 435.040 is hereby amended to read as follows:

    435.040  1.  In case a resident of the northern Nevada children’s home or the southern Nevada children’s home is adjudged to be mentally retarded [,] or to have a related condition, a responsible person or facility as designated in NRS 435.010 may receive the resident from the superintendent of [such] the children’s home and shall make provision for [such] the child in the same manner as if received from a board of county commissioners.

    2.  The county of the child’s residence immediately preceding admission to the children’s home [shall] must bear the expense of transportation to the responsible person or facility and of the subsequent care.

    3.  If the child is a dependent child committed to the northern Nevada children’s home or the southern Nevada children’s home under the provisions of NRS 423.210, the county [shall be] is entitled to receive from the parent or parents, and to recover by appropriate legal action if necessary, all sums expended by the county under subsection 2 , [;] but the sum which the county may receive or recover [shall] must not exceed the amount which the district court has ordered [such] the parent or parents to pay under NRS 423.210.

    Sec. 26.  NRS 435.060 is hereby amended to read as follows:

    435.060  The division may operate a residential facility for groups to care for and maintain mentally retarded persons and persons with related conditions until they can live in a more normal situation.

    Sec. 27.  NRS 435.077 is hereby amended to read as follows:

    435.077  1.  The administrator shall [establish] adopt regulations for the transfer of mentally retarded persons and persons with related conditions from one facility to another facility operated by the division.

    2.  Subject to the provisions of subsection 3, when the associate administrator for mental retardation determines that it is in the best interest of the person, he may discharge, or place on convalescent leave, any mentally retarded person or person with a related condition in a facility operated by the division.

    3.  When a mentally retarded person or person with a related condition is committed to a division facility by court order, the committing court must be given 10 days’ notice before the discharge of that person.

    Sec. 28.  NRS 435.081 is hereby amended to read as follows:

    435.081  1.  The administrator or his designee may receive a mentally retarded person or person with a related condition of this state for services in a facility operated by the division if:

    (a) [He] The person is mentally retarded as defined in NRS 433.174 or is a person with a related condition and is in need of institutional training and treatment;

    (b) Space is available which is designed and equipped to provide appropriate care for [him;] the person;

    (c) The facility has or can provide an appropriate program of training and treatment for [him;] the person; and

    (d) There is written evidence that no less restrictive alternative is available in his community.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2597 (Chapter 504, SB 469)ê

 

    2.  A mentally retarded person or person with a related condition may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.

    3.  A court may order that a mentally retarded person or person with a related condition be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

    4.  A child may be received, cared for and examined at a division facility for the mentally retarded for not more than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.211 and subsection 1 of NRS 432B.560. At the end of the 10 days, the administrator or his designee shall report the result of the examination to the court and shall detain the child until the further order of the court, but not to exceed 7 days after the administrator’s report.

    5.  The parent or guardian of a person believed to be mentally retarded or believed to have a related condition may apply to the administrative officer of a division facility to have the person evaluated by personnel of the division who are experienced in the diagnosis of mental retardation [.] and related conditions. The administrative officer may accept the person for evaluation without admission.

    6.  If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

    7.  If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the person’s best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.

    Sec. 29.  NRS 435.085 is hereby amended to read as follows:

    435.085  The administrative officer of a division facility may authorize the transfer of a mentally retarded person or person with a related condition to a general hospital for necessary diagnostic, medical or surgical services not available within the division. All expenses incurred under this section [shall] must be paid as follows:

    1.  In the case of a judicially committed mentally retarded person [, such expenses shall] or person with a related condition, the expenses must be paid by his parents or guardian to the extent of their reasonable financial ability as determined by the administrator, and the remainder, if any, [shall be] is a charge upon the county of the last known residence of the mentally retarded [person’s last known residence;] person or person with a related condition;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2598 (Chapter 504, SB 469)ê

 

retarded [person’s last known residence;] person or person with a related condition;

    2.  In the case of a mentally retarded person or person with a related condition admitted to a division facility pursuant to NRS 435.010, 435.020 and 435.030, [such expenses shall be] the expenses are a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and

    3.  In the case of a mentally retarded person or person with a related condition admitted to a division facility upon voluntary application as provided in NRS 435.081, [such expenses shall] the expenses must be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the administrator, and for the remainder, if any, the administrator shall explore all reasonable alternative sources of payment.

    Sec. 30.  NRS 435.090 is hereby amended to read as follows:

    435.090  1.  When any mentally retarded child or child with a related condition is committed to a division facility by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of [such] the child regarding the ability of [such] the parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of [such] the child while residing in [such] the facility.

    2.  If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.

    3.  If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from [such] the estate.

    4.  If the parent, parents or guardian fail or refuse to comply with the order of the court, the division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.

    Sec. 31.  NRS 435.100 is hereby amended to read as follows:

    435.100  1.  When any mentally retarded person or person with a related condition is transferred from one care facility operated by the division to another care facility operated by the division, the parent, parents or guardian shall continue to contribute [such] the amount for the care, support and maintenance of [such] the person as may have previously been ordered by the court of competent jurisdiction committing [such] the person.

    2.  If no such order was entered by the committing court, the division may petition [such] the court for an order requiring the parent, parents or guardian to contribute.

    3.  Any order for contribution entered under the provisions of subsection 2 [shall] must be entered in the same manner and [have] has the same effect as an order for contribution entered under the provisions of NRS 435.090.

    Sec. 32.  NRS 435.110 is hereby amended to read as follows:

    435.110  1.  When any mentally retarded child or child with a related condition is admitted to a facility operated by the division at the request of a parent, parents or guardian, [such] the parent, parents or guardian shall enter into an agreement with the division providing for the contribution of an amount for the care, support and maintenance of [such] the child as determined by the division to be reasonable.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2599 (Chapter 504, SB 469)ê

 

determined by the division to be reasonable. In determining the amount, the division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contribution.

    2.  If the parent, parents or guardian fail or refuse to perform under the terms of the agreement, the division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.

    3.  If the division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of [such] the child, but that the estate of [such] the child is able to contribute, the division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of [such] the child, if there is none, and for an order requiring [such] the guardian to contribute an amount as determined by the court.

    Sec. 33.  NRS 435.115 is hereby amended to read as follows:

    435.115  The administrator shall establish a fee schedule, in consultation with the state association for retarded citizens and subject to the approval of the board and the director of the department, for services rendered to the mentally retarded and to persons with related conditions by the division.

    Sec. 34.  NRS 435.121 is hereby amended to read as follows:

    435.121  1.  There are two types of admissions of mentally retarded persons or persons with related conditions to a mental retardation center:

    (a) Voluntary admission.

    (b) Involuntary admission.

    2.  An application for admission of a mentally retarded person or person with a related condition to a mental retardation center must be made on a form approved by the division and the attorney general. The clerk of each district court in the state shall make the forms available to any person upon request.

    Sec. 35.  NRS 435.122 is hereby amended to read as follows:

    435.122  1.  Any mentally retarded person or person with a related condition may apply to any mental retardation center for admission as a voluntary client. His parent or guardian or another responsible person may submit the application on his behalf.

    2.  If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.

    Sec. 36.  NRS 435.123 is hereby amended to read as follows:

    435.123  Whenever a person is alleged to be mentally retarded or to have a related condition and is alleged to be a clear and present danger to himself or others, his parent or guardian or another responsible person may initiate proceedings for his involuntary admission to a mental retardation center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or licensed psychologist experienced in the diagnosis of mental retardation and related conditions stating that he has examined the person within the preceding 30 days and has concluded that the person is mentally retarded [,] or is a person with a related condition, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2600 (Chapter 504, SB 469)ê

 

or is a person with a related condition, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment.

    Sec. 37.  NRS 435.125 is hereby amended to read as follows:

    435.125  1.  After the petition is filed , the court may cause a physician or licensed psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the mental retardation center to which it is proposed the person be admitted. Any physician or licensed psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of mental retardation [.] and related conditions. The examination or evaluation must indicate whether the person is or is not mentally retarded or a person with a related condition and whether he is or is not in need of institutional training and treatment.

    2.  The court may allow the person alleged to be mentally retarded or to have a related condition to remain at his place of residence pending any ordered examination and to return upon completion of the examination. One or more of the person’s relatives or friends may accompany him to the place of examination.

    Sec. 38.  NRS 435.126 is hereby amended to read as follows:

    435.126  1.  The person alleged to be mentally retarded [,] or to have a related condition, or any relative or friend acting on his behalf, is entitled to retain counsel to represent him in any proceeding before the district court relating to his involuntary admission to a mental retardation center.

    2.  If [such] counsel has not been retained, the court, before proceeding, shall advise the person and his guardian, or closest living relative if such a relative can be located, of the person’s right to have counsel.

    3.  If the person fails or refuses to secure counsel, the court shall appoint counsel to represent him. If the person is indigent, the counsel appointed may be the public defender.

    4.  Any counsel appointed by the court is entitled to fair and reasonable compensation for his services. The compensation must be charged against the property of the person for whom he was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be mentally retarded or to have a related condition last resided.

    Sec. 39.  NRS 435.128 is hereby amended to read as follows:

    435.128  1.  Upon completion of the proceedings for involuntary admission of a person to a mental retardation center, if the court finds:

    (a) That the person is mentally retarded [,] or has a related condition, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment;

    (b) That appropriate space and programs are available at the mental retardation center to which it is proposed that the person be admitted; and

    (c) That there is no less restrictive alternative to admission to a mental retardation center which would be consistent with the best interests of the person,

the court shall by written order certify that the person is eligible for involuntary admission to a mental retardation center.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2601 (Chapter 504, SB 469)ê

 

    2.  A certificate of eligibility for involuntary admission expires 12 months after the date of issuance if the client has not been discharged earlier by the procedure provided in NRS 435.129. At the end of the 12-month period, the administrative officer of the mental retardation center may petition the court to renew the certificate for an additional period of not more than 12 months. Each petition for renewal must set forth the specific reasons why further treatment is required. A certificate may be renewed more than once.

    Sec. 40.  NRS 435.130 is hereby amended to read as follows:

    435.130  The intent of the legislature in the enactment of NRS 435.130 to 435.320, inclusive, is to aid mentally or functionally retarded persons and persons with related conditions who are not served by existing programs to receive high quality care and training in an effort to help them become useful citizens.

    Sec. 41.  NRS 435.180 is hereby amended to read as follows:

    435.180  “Enrollee” means any person enrolled in a center for care and training because of mental or functional retardation [.] or a related condition.

    Sec. 42.  NRS 435.230 is hereby amended to read as follows:

    435.230  [In order to] To qualify for the aid provided for by NRS 435.130 to 435.320, inclusive, a center must:

    1.  File an application with the division for a certificate of qualification, which must include:

    (a) The name and address of the center.

    (b) The names, addresses and qualifications of the administrative personnel of the center.

    (c) An outline of the educational, occupational and therapeutic program to be offered.

    (d) The number of persons enrolled or expected.

    (e) An affidavit that the center is nonsectarian and a nonprofit organization under the Internal Revenue Code of 1954 as amended , [(] 26 U.S.C. § 501(c)(3) . [).]

    (f) The number and qualifications of the staff.

    (g) A complete and detailed proposed financial statement for the operations for the coming year.

    (h) Any other information which the division may require.

    2.  Each year after the original application is made under subsection 1, file an application for renewal of the certificate of qualification, which must contain:

    (a) The information required by subsection 1.

    (b) The total number of members of the staff, persons enrolled, and days of care and training that the center provided during the previous year.

    (c) The number enrolled and days of care and training that the center provided during the previous year to those enrolled who qualify for aid under the terms of NRS 435.130 to 435.320, inclusive, and the standards established by the division.

    (d) A financial statement clearly showing all income received by the center during the previous year and the sources thereof.

    (e) Any other information that the division may require.

    3.  Be inspected by a member or authorized agent of the division to determine whether the center’s facilities are proper and adequate.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2602 (Chapter 504, SB 469)ê

 

    4.  Keep accurate records of daily attendance and establish uniform financial statements and bookkeeping procedures as prescribed by the division.

    5.  Maintain standards not inconsistent with those required by NRS 435.130 to 435.320, inclusive, or established by the division to qualify for money from other sources, such as United Fund and United States Government programs.

    6.  Before certifying an applicant for enrollment as mentally retarded [,] or a person with a related condition, require:

    (a) A documentary history of retarded overall functioning [;] or the related condition; and

    (b) Substantiation, through evaluation by a qualified diagnostic team.

    7.  Meet all other standards set by the division.

    Sec. 43.  NRS 435.340 is hereby amended to read as follows:

    435.340  Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter [shall] may be construed as depriving a mentally retarded person or person with a related condition of his full civil and legal rights by any method other than a separate judicial proceeding resulting in a determination of incompetency wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated.

    Sec. 44.  NRS 435.350 is hereby amended to read as follows:

    435.350  1.  Each mentally retarded person or person with a related condition admitted to a division facility is entitled to all rights enumerated in NRS 433.482 and 433.484.

    2.  The administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of mentally retarded persons [.] and persons with related conditions. The person designated shall file the regulations with the administrator.

    3.  Clients’ rights specified in NRS 433.482 and 433.484 may be denied only for cause. Any denial of such rights must be entered in the client’s treatment record, and notice of [such] the denial must be forwarded to the administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.

    4.  Upon receipt of notice of a denial of rights as provided in subsection 3, the administrator’s designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding [such] the denial. A copy of the report must be sent to the administrator and the commission.

    5.  The commission has such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of NRS 433.534.

    Sec. 45.  NRS 435.360 is hereby amended to read as follows:

    435.360  1.  The relatives of a mentally retarded client or client with a related condition who is 18 years of age or older are not responsible for the costs of his care and treatment within a division facility.

    2.  The client or his estate, when able, may be required to contribute a reasonable amount toward the costs of his care and treatment. Otherwise, the full costs of [such] the services must be borne by the state.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2603 (Chapter 504, SB 469)ê

 

    Sec. 46.  NRS 435.365 is hereby amended to read as follows:

    435.365  1.  Whenever a person with mental retardation or a related condition is cared for by a parent or other relative with whom he lives, that parent or relative is eligible to receive assistance on a monthly basis from the division for each such person who lives and is cared for in the home if the division finds that:

    (a) The person with mental retardation or a related condition has been diagnosed as having profound or severe mental retardation or, if he is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation [;] or a related condition;

    (b) The person with mental retardation or a related condition is receiving adequate care; and

    (c) The person with mental retardation or a related condition and the parent or other relative with whom he lives is not reasonably able to pay for his care and support.

The amount of [such] the assistance must be established by legislative appropriation for each fiscal year.

    2.  The division shall adopt regulations:

    (a) Which establish a procedure of application for assistance;

    (b) For determining the eligibility of an applicant pursuant to subsection 1; and

    (c) For determining the amount of assistance to be provided to an eligible applicant.

    3.  The decision of the division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.

    Sec. 47.  NRS 435.370 is hereby amended to read as follows:

    435.370  The division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for mentally retarded persons [.] and persons with related conditions.

    Sec. 48.  NRS 435.390 is hereby amended to read as follows:

    435.390  1.  The administrative officer of any division facility where mentally retarded persons or persons with related conditions reside may establish a canteen operated for the benefit of clients and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.

    2.  Each canteen must be self-supporting. No money provided by the state may be used for its operation.

    3.  The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.

    Sec. 49.  NRS 436.110 is hereby amended to read as follows:

    436.110  The legislature declares that the purposes of this chapter are:

    1.  To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to the mentally retarded [,] and persons with related conditions, through locally controlled community mental health programs.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2604 (Chapter 504, SB 469)ê

 

    2.  To promote the improvement and, if necessary, the expansion of already existing services which help to conserve the mental health of the people of Nevada. It is the intent of this chapter that services to individuals [shall] be rendered only upon voluntary application.

    Sec. 50.  NRS 436.150 is hereby amended to read as follows:

    436.150  The county board shall:

    1.  Review and evaluate communities’ needs, services, facilities and special problems in the fields of mental health and mental retardation [.] and related conditions.

    2.  Advise the governing body as to programs of community mental health services and facilities and services to the mentally retarded [,] and persons with related conditions, and, when requested by [such] the governing body, make recommendation regarding the appointment of a county director.

    3.  After adoption of a program, continue to act in an advisory capacity to the county director.

    Sec. 51.  NRS 436.170 is hereby amended to read as follows:

    436.170  The county director shall:

    1.  Serve as chief executive officer of the county program and be accountable to the county board.

    2.  Exercise administrative responsibility and authority over the county program and facilities furnished, operated or supported in connection therewith, and over services to the mentally retarded [,] and persons with related conditions, except as administrative responsibility is otherwise provided for in this Title.

    3.  Recommend to the governing body, after consultation with the county board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of this chapter.

    4.  Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.

    5.  Carry on such studies as may be appropriate for the discharge of his duties, including the control and prevention of psychiatric disorders and the treatment of mental retardation [.] and related conditions.

    Sec. 52.  NRS 436.230 is hereby amended to read as follows:

    436.230  Expenditures made by counties for county programs, including services to the mentally retarded [,] and persons with related conditions, pursuant to this chapter, [shall] must be reimbursed by the state pursuant to NRS 436.240 to 436.320, inclusive.

    Sec. 53.  NRS 436.240 is hereby amended to read as follows:

    436.240  1.  A service operated within a county program [shall] must be directed to at least one of the following mental health areas:

    (a) Mental illness;

    (b) Mental retardation [;] and related conditions;

    (c) Organic brain and other neurological impairment;

    (d) Alcoholism; and

    (e) Drug abuse.

    2.  A service is any of the following:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2605 (Chapter 504, SB 469)ê

 

    (a) Diagnostic service;

    (b) Emergency service;

    (c) Inpatient service;

    (d) Outpatient or partial hospitalization service;

    (e) Residential, sheltered or protective care service;

    (f) Habilitation or rehabilitation service;

    (g) Prevention, consultation, collaboration, education or information service; and

    (h) Any other service approved by the division.

    Sec. 54.  NRS 436.270 is hereby amended to read as follows:

    436.270  1.  [Moneys] Money provided by direct legislative appropriation for purposes of reimbursement as provided by NRS 436.230 to 436.260, inclusive, [shall] must be allotted to the governing body as follows:

    (a) The state shall pay to each county a sum equal to 90 percent of the total proposed expenditures as reflected by the plan of proposed expenditures submitted pursuant to NRS 436.250 if the county has complied with the provisions of paragraph (b).

    (b) [Prior to] Before payment under this subsection, the governing body of a county must submit evidence to the administrator that 10 percent of the total proposed expenditures have been raised and budgeted by the county for the establishment or maintenance of a county program.

    2.  All state and federal moneys appropriated or authorized for the promotion of mental health or for services to the mentally retarded and persons with related conditions in the State of Nevada [shall] must be disbursed through the division in accordance with the provisions of this chapter and rules and regulations [promulgated] adopted in accordance therewith.

    Sec. 55.  NRS 436.310 is hereby amended to read as follows:

    436.310  Fees for mental health services, including services to the mentally retarded [,] and persons with related conditions, rendered pursuant to an approved county plan [shall] must be charged in accordance with ability to pay, but not in excess of actual cost.

    Sec. 56.  This act becomes effective upon passage and approval.

________

 

CHAPTER 505, SB 443

Senate Bill No. 443–Committee on Finance

 

CHAPTER 505

 

AN ACT relating to education; creating a committee to study the methods of funding higher education in this state; providing for its organization, powers and duties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  The Committee to Study the Funding of Higher Education, consisting of 12 voting members and 4 nonvoting members, is hereby created.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2606 (Chapter 505, SB 443)ê

 

    2.  The following persons shall serve as voting members of the Committee:

    (a) Three members of the Senate, appointed by the Majority Leader of the Senate;

    (b) Three members of the Assembly, appointed by the Speaker of the Assembly;

    (c) Three members of the Board of Regents, appointed by the Chairman of that board; and

    (d) Three members appointed by the Governor.

    3.  The Governor shall appoint the following persons to serve as the nonvoting members of the Committee:

    (a) One person who is employed in the Budget Division of the Department of Administration; and

    (b) Three persons who are employed by the University and Community College System of Nevada.

    4.  The Chairman of the Legislative Commission shall designate one of the members as Chairman of the Committee.

    5.  The Director of the Legislative Counsel Bureau shall provide the necessary professional staff and a secretary for the Committee.

    6.  For each day or portion of a day during which they attend a meeting of the Committee or are otherwise engaged in the business of the Committee:

    (a) The voting members of the Committee who are Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

    (b) The voting members of the Committee who are members of the Board of Regents are entitled to receive travel expenses and a per diem allowance at the rates established in NRS 396.070.

    (c) The voting members of the Committee appointed by the Governor are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

    Sec. 2.  The Committee shall:

    1.  Compare the existing method of funding higher education in Nevada with the methods used in other states; and

    2.  Determine whether the other methods would be appropriate and useful in Nevada.

    Sec. 3.  The Committee may hold public hearings at such times and places as it deems necessary to afford the general public and representatives of governmental agencies and of organizations interested in higher education an opportunity to present relevant information and recommendations.

    Sec. 4.  The Committee may employ such educational and financial consultants as it deems necessary for this study.

    Sec. 5.  The Committee may accept and use all gifts and grants which it receives to further its work.

    Sec. 6.  1.  There is hereby appropriated from the state general fund to the Legislative Commission the sum of $150,000 for the purpose of conducting a study of the funding of higher education as provided in this act.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2607 (Chapter 505, SB 443)ê

 

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 31, 2000, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 7.  The Committee shall submit to the Legislative Commission a report of its findings and recommendations for legislation before the commencement of the 71st session of the Legislature.

    Sec. 8.  This act becomes effective on July 1, 1999, and expires by limitation on January 1, 2001.

________

 

CHAPTER 506, SB 404

Senate Bill No. 404–Senators James, Townsend, O’Connell, Rawson, Carlton, Amodei, Care, Coffin, Jacobsen, Mathews, McGinness, Neal, Porter, Raggio, Rhoads, Schneider, Shaffer, Titus, Washington and Wiener

 

CHAPTER 506

 

AN ACT relating to programs for public employees; providing for coverage under certain programs of group insurance or other medical or hospital service without charge for the surviving spouse and any surviving child of certain police officers and firemen; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  Except as otherwise provided in subsection 3, the surviving spouse and any surviving child of a police officer or fireman who was:

    (a) Employed by a public agency that had established group insurance or medical and hospital service pursuant to NRS 287.010, 287.020 or 287.025; and

    (b) Killed in the line of duty,

may elect to accept or continue coverage under that group insurance or medical and hospital service if the police officer or fireman was a participant or would have been eligible to participate in the group insurance or medical and hospital service on the date of the death of the police officer or fireman. If the surviving spouse or child elects to accept coverage under the group insurance or medical and hospital service in which the police officer or fireman would have been eligible to participate or to discontinue coverage under the group insurance or medical and hospital service in which the police officer or fireman was a participant, the spouse, child or legal guardian of the child must notify in writing the public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2608 (Chapter 506, SB 404)ê

 

    2.  The public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the group insurance or medical and hospital service for the surviving spouse or child who meets the requirements set forth in subsection 1. 

    3.  A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:

    (a) The age of 18 years; or

    (b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.

    4.  As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.

    Sec. 3.  1.  Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the state’s program of group insurance if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the state’s program of group insurance pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.

    2.  Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the state’s program of group insurance. If such a spouse or child elects to join the state’s program of group insurance, the spouse, child or legal guardian of the child must notify in writing the committee on benefits within 60 days after the date of death of the volunteer fireman.

    3.  The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the state’s program of group insurance for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the state’s program of group insurance for the surviving spouse or child who elects to join the state’s program of group insurance pursuant to subsection 2.

    4.  A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:

    (a) The age of 18 years; or

    (b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.

    5.  As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2609 (Chapter 506, SB 404)ê

 

    Sec. 4.  NRS 287.040 is hereby amended to read as follows:

    287.040  The provisions of NRS 287.010 to 287.040, inclusive, and section 2 of this act, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to , except as otherwise provided in section 2 of this act, make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums therefor.

    Sec. 5.  NRS 287.043 is hereby amended to read as follows:

    287.043  The committee on benefits shall:

    1.  Act as an advisory body on matters relating to group life, accident or health insurance, or any combination of these, a program to reduce taxable compensation or other forms of compensation other than deferred compensation, for the benefit of all state officers and employees and other persons who participate in the state’s program of group insurance.

    2.  Except as otherwise provided in this subsection, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers, employees and retired employees by participation in the state’s program of group insurance. The committee shall establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.

    3.  Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

    4.  Purchase policies of life, accident or health insurance, or any combination of these, or a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers, employees and retired employees who participate in the state’s program.

    5.  Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.

    6.  Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.

    7.  Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, and sections 2 and 3 of this act, including the establishment of:

    (a) Fees for applications for participation in the state’s program and for the late payment of premiums;

    (b) Conditions for entry and reentry into the state’s program by public agencies enumerated in NRS 287.010; and

    (c) The levels of participation in the state’s program required for employees of participating public agencies.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2610 (Chapter 506, SB 404)ê

 

    8.  Appoint an independent certified public accountant. The accountant shall provide an annual audit of the plan and report to the committee and the legislative commission.

For the purposes of this section, “employee benefits” includes any form of compensation provided to a state employee pursuant to this Title except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

    Sec. 6.  NRS 287.044 is hereby amended to read as follows:

    287.044  1.  A part of the cost of the premiums or contributions for that group insurance, not to exceed the amount specified by law, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. Participation by the state in the cost of premiums or contributions must not exceed the amounts specified by law. If an officer or employee chooses to cover his dependents, whenever this option is made available by the committee on benefits, except as otherwise provided in sections 2 and 3 of this act, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state.

    2.  A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on benefits.

    Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 507, SB 401

Senate Bill No. 401–Committee on Judiciary

 

CHAPTER 507

 

AN ACT relating to courts; increasing the number of district judges in the eighth judicial district; increasing the number of those district judges who must be judges of the family court; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 3.018 is hereby amended to read as follows:

    3.018  For the eighth judicial district there must be [27] 30 district judges, [8] 11 of whom must be judges of the family court.

    Sec. 2.  The additional district judges required for the eighth judicial district pursuant to section 1 of this act must be selected at the general election held on November 7, 2000, and take office on January 1, 2001. The terms of these judges expire on January 6, 2003.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2611 (Chapter 507, SB 401)ê

 

    Sec. 3.  1.  There is hereby appropriated from the state general fund to the district judges’ salary account the sum of $199,500 for the salaries of the additional district judges required pursuant to section 1 of this act.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 5.  1.  This section and sections 2 and 4 of this act become effective on October 1, 1999.

    2.  Sections 1 and 3 of this act become effective on January 1, 2001.

________

 

CHAPTER 508, SB 288

Senate Bill No. 288–Senator Washington

 

CHAPTER 508

 

AN ACT relating to the protection of children; authorizing certain counties that are required to provide protective services for children to enter into an agreement with the division of child and family services of the department of human resources to establish a pilot program to provide continuity of care for children who receive protective services; requiring the division to report to the legislature; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

    Whereas, The system for providing protective services for children in this state is bifurcated, with services being provided both by county agencies and the division of child and family services of the department of human resources; and

    Whereas, There are disparities between the payments made to providers of those services by the county agencies and the division; and

    Whereas, Because of such disparities and because the county agencies and the division contract with different providers of foster care, the placement of a child in foster care is frequently disrupted to place the child with a different provider of foster care; and

    Whereas, Frequently changing the placement of children in foster care is not in the best interests of those children; and

    Whereas, On November 19, 1997, Congress enacted the Adoption and Safe Families Act of 1997, which, as a condition to the receipt of federal money, requires a plan for the permanent placement of a child in foster care to be established no later than 12 months after a child has been placed in foster care; and

    Whereas, To comply with this federal law requires diligent effort on the part of the county agencies and the division from the time that a child first enters the system for providing protective services; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2612 (Chapter 508, SB 288)ê

 

    Whereas, The bifurcated system for providing protective services to children in this state does not uniformly provide the continuity in care and services that are necessary to establish a plan for the permanent placement of those children within the time frame required by federal law; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  A county that is required to provide protective services to children in that county pursuant to NRS 432B.325 may enter into an agreement with the division of child and family services of the department of human resources to establish a pilot program to provide continuity of care for children who receive protective services. A pilot program established pursuant to such an agreement may provide:

    (a) For the county and the division of child and family services jointly to furnish services relating to the assessment of a child and planning for the provision of protective services to the child;

    (b) For a child to be in the joint custody of the county and the division of child and family services;

    (c) For continuity in the placement of a child in foster care;

    (d) That the rate of payment by the county for foster care and shelter care must be equal to the rate of payment by the division of child and family services for foster care and shelter care;

    (e) For continuity in the management of a case for the provision of protective services to a child; and

    (f) For services designed to carry out a plan for the permanent placement of a child established pursuant to NRS 432B.590 or the Adoption and Safe Families Act of 1997, Public Law 105-89.

    2.  Notwithstanding any specific statute to the contrary, for the purpose of a pilot program established pursuant to an agreement entered into pursuant to this section, the division of child and family services may deviate from the rate of payment for foster care approved by the legislature.

    Sec. 2.  On or before November 30, 2000, the division of child and family services of the department of human resources shall submit a report to the director of the legislative counsel bureau for transmittal to the appropriate legislative committee. The report must include the following information for each agreement entered into pursuant to section 1 of this act:

    1.  The number of children involved in the pilot project established pursuant to the agreement;

    2.  A description of the services provided to those children that includes:

    (a) The name of the agency that provided the services; and

    (b) The costs incurred by the agency that provided the services;

    3.  If available, the disposition of the cases of those children; and

    4.  An analysis of the benefits, if any, to the children involved in the pilot project and to the families of those children.

    Sec. 3.  This act becomes effective on July 1, 1999, and expires by limitation on June 30, 2001.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2613ê

 

CHAPTER 509, SB 283

Senate Bill No. 283–Committee on Finance

 

CHAPTER 509

 

AN ACT making an appropriation to restore the balance in the contingency fund; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the contingency fund, created by NRS 353.266, the sum of $4,562,736 to restore the balance in the fund to approximately $8,000,000.

    Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 510, SB 280

Senate Bill No. 280–Committee on Finance

 

CHAPTER 510

 

AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the purchase of modular furniture for the remodeled office in Carson City; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $1,185,476 for the purchase of modular furniture for the remodeled office in Carson City.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.

    Sec. 3.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2614ê

 

CHAPTER 511, SB 236

Senate Bill No. 236–Senator McGinness

 

Joint Sponsor: Assemblyman Neighbors

 

CHAPTER 511

 

AN ACT making an appropriation to the Lincoln County School District for the construction of an elementary school to replace an unsafe existing school; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby appropriated from the state general fund to the Lincoln County School District the sum of $1,000,000 for the construction of an elementary school to replace a school building that has been found unsafe, structurally unsound and unsuitable for continued use as a school.

    2.  The appropriation made by subsection 1 is contingent upon a determination by the State Board of Examiners that:

    (a) The total ad valorem tax levy upon property within the Lincoln County School District for all public purposes is not less than the maximum authorized pursuant to NRS 361.453;

    (b) The taxable value of the taxable property within the Lincoln County School District is decreasing; and

    (c) Based upon the written conclusions of appropriately licensed experts, the acquisition, construction or repair of school facilities is necessary to alleviate a substantial risk to the public safety.

    3.  On or before January 15, 2001, the Lincoln County School District shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau a final report of expenditures of the appropriation made by subsection 1.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2615ê

 

CHAPTER 512, AB 189

Assembly Bill No. 189–Committee on Government Affairs

 

CHAPTER 512

 

AN ACT relating to the public employees’ retirement system; authorizing legislators who are also public employees to obtain credit for retirement under the system for periods of service in the Nevada Legislature while on leave from public employment in certain circumstances; requiring certain members of the Nevada gaming commission to participate in the system; authorizing the system to calculate the elective service of certain members as regular service under certain circumstances; amending the benefit formula in certain circumstances; authorizing a public employer to contribute to a retirement fund that is not a part of the system on behalf of certain retired employees; authorizing members to use money from various retirement plans for the purchase of service under certain circumstances; increasing certain survivor benefits; raising the amounts of certain minimum cumulative benefits; eliminating the requirement of marriage to receive benefits under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:

    Except as otherwise required as a result of NRS 286.535 or 286.537:

    1.  A public employee on a leave of absence to serve in the Nevada legislature may remain a contributing member of the system during the leave of absence if retirement contributions to the system are paid by the legislator at the contribution rate otherwise applicable to him as a public employee during the period in which he is on the leave of absence to serve in the Nevada legislature.

    2.  When a public employee on a leave of absence to serve in the Nevada legislature continues to be a contributing member of the system pursuant to subsection 1, the employee shall pay the contributions required directly to the system. The system shall ensure that the employer of the public employee who is on a leave of absence to serve in the Nevada legislature provides to the system documentation of the period during which the employee is on the leave of absence. The public employer is not required to pay the employer contribution during the leave of absence.

    3.  A public employee on a leave of absence to serve in the Nevada legislature may elect to have the amount deducted pursuant to NRS 218.2387 paid to the system to partially offset the contributions that the employee is required to pay to remain a member of the system.

    4.  A public employee who makes the election authorized pursuant to this section does not accrue any service credit for retirement under the legislators’ retirement system after the date of his election pursuant to this section becomes effective.

    5.  For the purposes of this section, “compensation” shall be deemed to be the salary paid for the position from which the employee is on leave.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2616 (Chapter 512, AB 189)ê

 

    Sec. 2.  NRS 286.025 is hereby amended to read as follows:

    286.025  1.  Except as otherwise provided by specific statute, “compensation” is the salary paid to a member by his principal public employer.

    2.  The term includes:

    (a) Base pay, which is the monthly rate of pay excluding all fringe benefits.

    (b) Additional payment for longevity, shift differential, hazardous duty, work performed on a holiday if it does not exceed the working hours of the normal work week or pay period for that employee, holding oneself ready for duty while off duty and returning to duty after one’s regular working hours.

    (c) Payment for extra duty assignments if it is the standard practice of the public employer to include such pay in the employment contract or official job description for the calendar or academic year in which it is paid and such pay is specifically included in the member’s employment contract or official job description.

    (d) The aggregate compensation paid by two separate public employers [,] if one member is employed half time or more by one, and half time or less by the other, if the total does not exceed full-time employment [and] , if the duties of both positions are similar and if the employment is pursuant to a continuing relationship between the employers.

    3.  The term does not include [:

    (a) Payment for overtime, terminal leave or secondary employment.

    (b) Payment for employment which is not eligible service.

    (c) Except as provided in NRS 286.477, any bonus or additional salary which is paid to an employee on account of his promise, express or implied, to retire on a specified date or within a specified period, or any bonus or additional salary paid to an employee predicated upon his eligibility to retire whether promised or not. Failure to pay a like bonus or additional salary to another employee in like circumstances who has not promised so to retire creates a rebuttable presumption that payment to the first employee was on account of his promise.] any type of payment not specifically described in subsection 2.

    Sec. 3.  NRS 286.293 is hereby amended to read as follows:

    286.293  1.  The following employees of public employers shall participate in the system:

    [1.] (a) Those employed on or after July 1, 1977, in positions considered to be half time or more according to the full-time work schedule established for that public employer.

    [2.] (b) Elected officials or persons appointed to elective positions who are elected or appointed after July 1, 1975, except where excluded by NRS 286.297.

    [3.] (c) A member whose allowance is vested or who is contributing immediately before a legislative session who is employed on or after January 1, 1981, by either house of the legislature or by the legislative counsel bureau.

    (d) A member of the Nevada gaming commission.

    2.  The board shall establish standards for determining what constitutes a full-time work schedule pursuant to paragraph (a) of subsection 1.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2617 (Chapter 512, AB 189)ê

 

    Sec. 4.  NRS 286.300 is hereby amended to read as follows:

    286.300  Except as otherwise required as a result of NRS 286.537:

    1.  Any member of the system may purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the full actuarial cost as determined by the actuary.

    2.  In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who has 5 years of creditable service may purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.

    3.  In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who:

    (a) Is a licensed teacher;

    (b) Has 5 years of creditable service;

    (c) Is, pursuant to statute, regulation or contract, entitled to payment for unused sick leave; and

    (d) Is employed by the board of trustees of a school district that has, pursuant to subsection 5 of NRS 391.180, provided for the payment of unused sick leave in the form of purchase of service,

may cause to be purchased on his behalf service credit, not to exceed the number of hours of unused sick leave or 1 year, whichever is less. The full actuarial cost of the service as determined by an actuary of the system must be paid for such a purchase. Any service credit purchased pursuant to this subsection must be included as a part of, and is not in addition to, service purchased pursuant to subsection 2.

    4.  Any member of the system may use:

    (a) All or any portion of the balance of the member’s interest in a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); or

    (b) The money contained in an individual retirement account or an individual retirement annuity of a member, the entire amount of which is:

         (1) Attributable to a qualified distribution from a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); and

         (2) Qualified as an eligible rollover distribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

to purchase creditable service pursuant to subsection 1 or 2.

    Sec. 5.  NRS 286.470 is hereby amended to read as follows:

    286.470  1.  Except as otherwise required as a result of NRS 286.535 or 286.537, or as otherwise provided in subsection 3, average compensation for service performed as a county commissioner, councilman or mayor must be calculated as follows for those members whose effective date of retirement is after May 19, 1975:

    (a) Service retirement allowance for elective service must be computed on the basis of the highest 36 consecutive months of elective service multiplied by the percentage of average compensation earned during such service.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2618 (Chapter 512, AB 189)ê

 

    (b) Service retirement allowance for regular service must be computed on the basis of the highest 36 consecutive months of regular service multiplied by the percentage of average compensation earned during such service.

    (c) The service retirement allowances for elective service and for regular service are added together to provide the total unmodified service retirement allowance earned by the member.

    (d) Average compensation for service before July 1, 1977, is computed from the sum of both salaries when a member is employed simultaneously as a regular member and as a county commissioner, councilman or mayor.

    2.  A member who has service as a county commissioner, councilman or mayor may, upon retirement, waive such service and have his allowances computed as a regular member.

    3.  If a member who has service as a county commissioner, councilman or mayor has an average salary for the entire period of elective service that is equal to or greater than the average salary of a member for regular service for the same period, the calculations required pursuant to subsection 1 do not apply and the member must receive credit for regular service.

    Sec. 6.  NRS 286.481 is hereby amended to read as follows:

    286.481  A member shall not be credited with service for:

    1.  [Leave] Except as otherwise provided in section 1 of this act, leave of absence without pay;

    2.  Overtime work;

    3.  Employment in a position which does not qualify him for participation in the system;

    4.  More than 1 day within a day, 1 month within a month, or 1 year of service in any 12‑month period; or

    5.  Any period for which compensation is not received by the member unless specifically otherwise provided in this chapter.

    Sec. 7.  NRS 286.501 is hereby amended to read as follows:

    286.501  Each member who is employed by a school district for less than 12 months per school year and each member of the professional staff of the University and Community College System of Nevada employed for the academic year who is employed for less than 12 months per fiscal year is credited with service as follows:

    1.  Service is credited on the basis of a full year if the member works full time for the full school year.

    2.  Employment for a part of a school year is credited on a ratio of one and one-third days for each day worked, but credit may not be given in advance or until the appropriate period has expired.

    3.  A full year of service is not credited until the full 12‑month period has expired. If the employee begins work under a new contract before the expiration of the 12‑month period for the old contract, credit must be granted for the period of overlap, as certified by the school district, at the first period in which there is a lapse in service.

    4.  Service credit under this section must be computed according to:

    (a) The school year [extending from September 1 to August 31] for school district employees.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2619 (Chapter 512, AB 189)ê

 

    (b) The fiscal year for members of the professional staff of the University and Community College System of Nevada.

    5.  A member receives full credit while on sabbatical leave if the public employer certifies that the compensation and contributions reported for the member are the same as if he were employed full time. If the employer does not so certify, the member receives credit in the proportion that his actual compensation bears to his previous compensation.

No member may receive less credit under this section than was provided under the law in force when the credit was earned.

    Sec. 8.  NRS 286.520 is hereby amended to read as follows:

    286.520  1.  Except as otherwise provided in subsections 4, 5 and 6 and NRS 286.525, the consequences of the employment of a retired employee are:

    (a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:

         (1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or

         (2) He is employed in a position which is eligible to participate in this system.

    (b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system his allowance under this system terminates upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year, for the duration of that employment or contract.

    (c) If a retired employee accepts employment with an employer who is not a public employer under this system, the employee is entitled to the same allowances as a retired employee who has no employment.

    2.  The retired employee and the public employer shall notify the system:

    (a) Within 10 days after the first day of an employment or contract governed by paragraph (a);

    (b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and

    (c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year from an employment or contract governed by paragraph (b),

of subsection 1.

    3.  For the purposes of this section, the average salary for participating public employees who are not police officers or firemen must be computed on the basis of the most recent actuarial valuation of the system.

    4.  If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who serves in the same office.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2620 (Chapter 512, AB 189)ê

 

employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who serves in the same office.

    5.  The system may waive for one period of 30 days or less a retired employee’s disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.

    6.  A person who accepts employment or an independent contract with either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.

    Sec. 9.  NRS 286.525 is hereby amended to read as follows:

    286.525  1.  A retired employee who accepts employment in a position whose occupant is thereby eligible for membership may enroll in the system as of the effective date of that employment. [If he so enrolls:] As of the date of enrollment:

    (a) He forfeits all retirement allowances for the duration of that employment.

    (b) [Upon termination of the employment, he] He is entitled to receive, after the termination of the employment and upon written request, a refund of all contributions made by him during the employment. Except as otherwise required as a result of NRS 286.535 or 286.537, if he does not request the refund and the duration of the employment was at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment was:

         (1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and designate the same beneficiary as the original allowance.

         (2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 286.545.

    2.  The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:

    (a) NRS 286.551; and

    (b) Section 415 of the Internal Revenue Code , [(] 26 U.S.C. § 415 , [),] if the member’s effective date of membership is on or after January 1, 1990.

    3.  Except as otherwise required as a result of NRS 286.470, 286.535 or 286.537, a retired employee who has been receiving a retirement allowance and who is reemployed and [enrolls] is enrolled in the system for at least 5 years may [elect to return all retirement allowances plus interest from the date of return to employment to the date of repayment and] have his additional credit for service added to his previous credit for service. [If he chooses to do so, he shall be deemed a continuing employee with a break in service. This election] This additional credit for service must not apply to more than one period of employment after the original retirement.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2621 (Chapter 512, AB 189)ê

 

election] This additional credit for service must not apply to more than one period of employment after the original retirement.

    4.  The survivor of a deceased member who had previously retired and was rehired and enrolled in the system, who qualifies for benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible for the benefits based on the service accrued through the second period of employment . [if the member elected to receive his service retirement allowance without modification.]

    Sec. 10.  NRS 286.667 is hereby amended to read as follows:

    286.667  1.  A retired employee whose service or disability retirement allowance is payable from the police and firemen’s retirement fund is entitled to receive his allowance without modification.

    2.  Upon the death of such a person, a person who was his spouse [both] at the time of his retirement [and the time of his death] is entitled, upon attaining the age of 50 years, to receive a benefit equal to 50 percent of the allowance to which the retired employee was entitled.

    3.  This section does not apply to a person who:

    (a) Begins receiving a service or disability retirement allowance or a benefit from the police and firemen’s retirement fund before July 1, 1981.

    (b) At the time of his retirement, elects one of the alternatives to an unmodified retirement allowance.

    4.  Service performed after July 1, 1981, in positions other than as a police officer or fireman, except military service, may not be credited toward the benefit conferred by this section. A police officer or fireman who has performed service which is not creditable toward this benefit may elect to:

    (a) Select a retirement option other than one permitted by this section;

    (b) Receive the benefit conferred by this section [,] with a spouse’s benefit reduced by a proportion equal to that which the service which is not creditable bears to his total service; or

    (c) Purchase the additional spouse’s benefit at the time he retires by paying the full actuarial cost as computed for his situation by the actuary of the system.

    5.  The entire cost of the benefit conferred by this section must be paid by the employee. Each employer must adjust the salaries of its employees who are eligible for the benefit to offset its cost to the employer. Employers who adjust salaries pursuant to this subsection do not by doing so violate any collective bargaining agreement or other contract.

    Sec. 11.  NRS 286.673 is hereby amended to read as follows:

    286.673  1.  Except as limited by NRS 286.6775, each child of a deceased member is entitled to receive a cumulative benefit of at least [$350] $400 per month, beginning on the first day of the month following the member’s death.

    2.  Except as otherwise provided in subsections 3 and 4, payments to any child cease on the last day of the month of:

    (a) His adoption;

    (b) His death;

    (c) His marriage; or

    (d) His attaining the age of 18 years.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2622 (Chapter 512, AB 189)ê

 

    3.  These benefits may be paid to the child of a deceased member until the last day of the month of his 23rd birthday if he was, at the time of the member’s death, and continues thereafter to be, a full-time student in any accredited:

    (a) High school;

    (b) Vocational or technical school; or

    (c) College or university.

    4.  These benefits may be commenced or extended indefinitely beyond a child’s 18th birthday if and so long as he is determined by the system to be:

    (a) Financially dependent; and

    (b) Physically or mentally incompetent.

    5.  All benefits under this section may be paid by the system to the child’s:

    (a) Surviving parent; or

    (b) Legal guardian.

    6.  The board shall establish uniform standards and procedures for determining whether a child is:

    (a) A full-time student;

    (b) Financially dependent; and

    (c) Physically or mentally incompetent.

    Sec. 12.  NRS 286.674 is hereby amended to read as follows:

    286.674  1.  The spouse of a deceased member is entitled to receive a cumulative benefit of at least [$400] $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the spouse dies . [or remarries.] If payments cease before the total amount of contributions made by the deceased member have been received by the spouse, the surplus of contributions over payments received must be paid to the spouse.

    2.  The benefits paid pursuant to this section are in addition to any benefits paid pursuant to NRS 286.673.

    Sec. 13.  NRS 286.676 is hereby amended to read as follows:

    286.676  1.  Except as limited by subsections 3 and 4, the spouse of a deceased member who had 10 or more years of accredited contributing service is entitled to receive a monthly allowance equivalent to that provided by:

    (a) Option 3 in NRS 286.590, if the deceased member had less than [20] 15 years of service on the date of his death; or

    (b) Option 2 in NRS 286.590, if the deceased member had more than [20] 15 years of service on the date of his death.

[For purposes of applying] To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the spouse for the remainder of the spouse’s life.

    2.  The spouse may elect to receive the benefits provided by any one of the following only:

    (a) This section;

    (b) NRS 286.674; or


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2623 (Chapter 512, AB 189)ê

 

    (c) NRS 286.678.

    3.  The benefit payable to the spouse of a member who died before May 19, 1975, is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the member’s death and to the amounts provided in this subsection. [If, at the time of his death, the member had 15 or more years of service, his spouse, upon attaining the age of 60 years, may receive a cumulative benefit of at least $400 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less.] If, at the time of his death, the member had [20] 15 or more years of service and did not elect an optional retirement plan as offered in this chapter, his spouse, upon attaining the age of 60 years, may receive a cumulative benefit of at least [$400] $450 per month or 50 percent of the average salary received by the member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, must cease upon the death [or remarriage] of the spouse. Benefits under this section are not renewable following termination.

    4.  The benefits provided by paragraph (a) of subsection 1 may only be paid to the spouses of members who died on or after May 19, 1975.

    Sec. 14.  NRS 286.677 is hereby amended to read as follows:

    286.677  If payments or refunds are not made under the provisions of NRS 286.673, 286.674 or 286.676 , the dependent parent of a deceased member is entitled to receive a cumulative benefit of at least [$350] $400 per month, and if there are two dependent parents each is entitled to receive a cumulative benefit of at least [$350] $400 per month. Payments to any parent under this section must cease upon the death [or remarriage] of that parent.

    Sec. 15.  NRS 218.2379 is hereby amended to read as follows:

    218.2379  1.  Within a reasonable time after July 1, 1967, the board shall notify all incumbent legislators in writing concerning credit for service, other than legislative service, covered under the public employees’ retirement system. Unless the legislator requests in writing within 30 days after receipt of such written notice that his service, other than legislative service, be continued under the public employees’ retirement system, the board shall transfer from the public employees’ retirement fund all sums contributed by the legislator through service, other than legislative service, together with the sums contributed by his employer for such service. The service so transferred shall be accredited under the legislators’ retirement system as if performed in a legislative capacity. Service so transferred may be retransferred to the public employees’ retirement system, and the related contributions shall then be returned to the public employees’ retirement fund, at any time when the person ceases to be a legislator and reestablishes membership in the public employees’ retirement system.

    2.  Except as otherwise provided in section 1 of this act or for the transfer of service from the public employees’ retirement system to the legislators’ retirement system, as provided in this section, service after July 1, 1967, as a legislator cannot be accredited under the public employees’ retirement system and service in capacities covered by the public employees’ retirement system cannot be accredited under the legislators’ retirement system.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2624 (Chapter 512, AB 189)ê

 

retirement system cannot be accredited under the legislators’ retirement system.

    3.  Nothing in NRS 218.2371 to 218.2395, inclusive, or in any other law prevents or prohibits coverage of a person under both the public employees’ retirement system and the legislators’ retirement system when service is compatible with the provisions of each system.

    4.  Legislators receiving retirement allowances from the public employees’ retirement system on July 1, 1967, are not eligible for transfer to the legislators’ retirement system.

    Sec. 16.  NRS 218.2381 is hereby amended to read as follows:

    218.2381  1.  Except as otherwise provided in section 1 of this act or required as a result of NRS 218.23815, each legislator shall be a member of the legislators’ retirement system and shall make contributions to the legislators’ retirement fund in the amounts and manner provided in NRS 218.2371 to 218.2395, inclusive.

    2.  Within 5 days after the commencement of each regular or special session of the legislature each legislator who has not previously filed a beneficiary designation form with the board shall file with the board, upon a form provided by the board, the designation of a beneficiary who is entitled to receive the contributions of the legislator in case of death before retirement or termination of services as a legislator and subsequent withdrawal of contributions. If no beneficiary is designated, payment must be made to the estate of the deceased legislator. Payment may be made directly to the designated beneficiary without probate or administration of the estate of the deceased legislator.

    3.  A beneficiary may be changed at any time by written notice given by a legislator to the board on a form prescribed by the board.

    Sec. 17.  NRS 218.2387 is hereby amended to read as follows:

    218.2387  [The] Except as otherwise provided in section 1 of this act, the director of the legislative counsel bureau shall:

    1.  Deduct from the compensation of each legislator an amount equal to 15 percent of the gross compensation earned as a legislator and transmit that amount to the board together with the necessary forms prescribed by the board at intervals designated by the board; and

    2.  Pay to the board from the legislative fund an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the system with enough money to pay all benefits for which the system will be liable.

    Sec. 18.  1.  In addition to the election authorized pursuant to section 1 of this act, a legislator who is also a member of the public employees’ retirement system may elect to waive any service credit that he has accrued for retirement under the legislators’ retirement system while on leave as a public employee and take that service credit as credit in the public employees’ retirement system.

    2.  A legislator who makes the election authorized pursuant to subsection 1 shall pay to the public employees’ retirement system the contributions applicable to the periods in which he was on a leave of absence as a public employee, plus interest accrued, for each period to be credited.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2625 (Chapter 512, AB 189)ê

 

    3.  An election pursuant to subsection 1 must be made on or before December 31, 1999.

    Sec. 19.  Notwithstanding the provisions of NRS 286.293, as amended by section 3 of this act, any member of the Nevada gaming commission who is appointed to the commission before July 1, 1999, may elect to participate in the public employees’ retirement system on or before July 30, 1999. Such a member may not elect to become a member of the public employees’ retirement system after July 30, 1999.

    Sec. 20.  The provisions of NRS 286.667, as amended by section 10 of this act, apply to any person who is receiving benefits pursuant to that section on July 1, 1999.

    Sec. 21.  1.  This section and sections 1, 2, 3 and 5 to 20, inclusive, of this act become effective on July 1, 1999.

    2.  Section 4 of this act becomes effective on July 1, 2000.

________

 

CHAPTER 513, AB 220

Assembly Bill No. 220–Assemblymen Perkins, Dini, Segerblom, Goldwater, Thomas, Gibbons, Cegavske, Lee, Neighbors, Berman, Bache, Price, Ohrenschall, Manendo, Parks, Anderson, Hettrick, Beers, Nolan, Mortenson, Claborn, Chowning, Humke, McClain and Williams

 

Joint Sponsors: Senators Porter, Wiener, Care, James, O’Connell, Amodei, Carlton, Neal, O’Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer and Townsend

 

CHAPTER 513

 

AN ACT relating to higher education; creating an advisory committee to examine the issue of locating a new 4-year state college in Henderson, Nevada; making an appropriation to the advisory committee for a needs assessment and implementation plan for a 4-year state college in Henderson, Nevada; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby created an advisory committee to examine the issue of locating a new 4-year state college in Henderson, Nevada. The advisory committee consists of five members appointed as follows:

    (a) One member appointed by the Governor.

    (b) One member appointed by the Majority Leader of the Senate.

    (c) One member appointed by the Speaker of the Assembly.

    (d) Two members appointed by the Board of Regents of the University of Nevada.

    2.  The term of each member of the advisory committee commences on August 1, 1999, and expires on July 1, 2001.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2626 (Chapter 513, AB 220)ê

 

    3.  Members of the advisory committee serve without compensation, except that while engaged in the business of the advisory committee, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, to be paid from the legislative fund.

    4.  The advisory committee shall meet at least once every 6 months.

    5.  A vacancy in the membership of the advisory committee must be filled in the same manner as the original appointment.

    Sec. 2.  There is hereby appropriated from the state general fund to the advisory committee created pursuant to section 1 of this act the sum of $500,000 for completion of a needs assessment and implementation plan for a 4-year state college in Henderson, Nevada.

    Sec. 3.  On or before September 1, 2000, the advisory committee created pursuant to section 1 of this act shall submit a report of its findings and recommendations relating to the needs assessment and implementation plan to:

    1.  The Director of the Legislative Counsel Bureau for transmittal to the 71st session of the Nevada Legislature; and

    2.  The Director of the Department of Administration.

    Sec. 4.  Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 514, AB 285

Assembly Bill No. 285–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 514

 

AN ACT relating to the Lake Tahoe Basin; requiring the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to coordinate the development and implementation of a program for the protection of the Lake Tahoe Basin; authorizing the issuance of general obligation bonds and providing for legislative appropriations to carry out the program; creating the fund to protect the Lake Tahoe Basin; authorizing the Administrator of the Division of State Lands to issue grants to carry out the program; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

    Whereas, In 1997, the Federal Government, the States of Nevada and California, the Tahoe Regional Planning Agency, local governments of the States of Nevada and California and many other interested parties held a series of meetings which are referred to collectively as the Presidential Forum; and

    Whereas, The meetings culminated in July 1997, with visits to Lake Tahoe from the President and Vice President of the United States and with the release of a Presidential Executive Order to protect the unique and irreplaceable natural, recreational and ecological resources in the Lake Tahoe Basin; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2627 (Chapter 514, AB 285)ê

 

    Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing money for, the Environmental Improvement Program; and

    Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned between the Federal Government, the States of Nevada and California, local governments and private property owners within both states; and

    Whereas, The cost of carrying out the Environmental Improvement Program apportioned to the State of Nevada and its political subdivisions is $82,000,000 for a period of 10 years, commencing with fiscal year 1997-98 and ending in fiscal year 2006-07; and

    Whereas, The State of Nevada and its political subdivisions have already raised approximately $25,600,000 to meet their commitment, which includes $20,000,000 from bonds issued to carry out projects for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin, which were approved by the voters of this state in 1996; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources in cooperation with other state agencies, shall coordinate the development and implementation of a program of environmental improvement projects for:

    (a) The protection and enhancement of the quality of the air and water;

    (b) The protection and restoration of natural watercourses, wetlands, wildlife habitat, fisheries, vegetation and forests;

    (c) Prevention and control of erosion; and

    (d) Enhancement of recreational and tourism opportunities,

in the Lake Tahoe Basin.

    2.  Money to carry out the program in an amount not to exceed $3,200,000 must be provided for the period between the fiscal year beginning on July 1, 1999 and the fiscal year ending on June 30, 2001, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $3,200,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this subsection must be deposited in the fund to protect the Lake Tahoe Basin created pursuant to section 2 of this act and, except as otherwise provided in this subsection, must be used as follows:

    (a) Sand Harbor Visitor/Administrative Center BMPs             $1,000,000

    (b) North Canyon Hiking Trail     15,000

    (c) Sand Harbor Erosion Control 100,000


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2628 (Chapter 514, AB 285)ê

 

    (d) Upland Wildlife Habitat Enhancement................................ $66,000

    (e) North Canyon Old Growth Habitat Restoration................. 130,000

    (f) Forest Restoration - Phase I................................................. 1,500,000

    (g) Sand Harbor-Memorial Point Trail.......................................... 56,000

    (h) Hidden Beach Rehabilitation, BMPs.................................... 106,000

    (i) Sugar Pine Old Growth Habitat Restoration............................ 75,000

    (j) Project contingency................................................................... 152,000

If an amount authorized pursuant to this subsection is insufficient to allow the completion of the project for which it is authorized, the Interim Finance Committee, upon the request of the Division of State Lands of the State Department of Conservation and Natural Resources, may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another project or projects pursuant to this subsection by the amount of the increase. The Division of State Lands may use money authorized pursuant to this subsection for a project other than a project listed in this subsection if the Interim Finance Committee approves such a use in writing before the Division engages in the project. The Division of State Lands may allocate money pursuant to paragraph (j) without the prior approval of the Interim Finance Committee.

    3.  Money to carry out the program in an amount not to exceed $53,200,000 must be provided for the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, 2007, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $53,200,000. With the prior approval of the Legislature or the Interim Finance Committee, the bonds may be issued from time to time pursuant to a schedule established by the Administrator of the Division of State Lands. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to this subsection.

    4.  The amount of bonds authorized by subsection 3 must be reduced by the amount of any money appropriated by the Legislature for the same purpose upon certification by the Administrator of the Division of State Lands of the amount of each such appropriation to the State Board of Finance. The Administrator of the Division of State Lands shall submit a request to the Legislature each biennium, as necessary, for an appropriation for the program.

    5.  The Administrator of the Division of State Lands may adopt such regulations as are necessary to carry out the program.

    Sec. 2.  1.  The fund to protect the Lake Tahoe Basin is hereby created in the state general fund. The Administrator of the Division of State Lands shall administer the fund.

    2.  All money that is collected for the use of the program established pursuant to section 1 of this act, including, without limitation, an appropriation made by the Legislature and the proceeds of any bonds issued pursuant to section 1 of this act, after deducting any applicable charges, must be deposited in the fund.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2629 (Chapter 514, AB 285)ê

 

    3.  Any interest or income earned on the money in the fund must be credited to the fund. Any money remaining in the fund at the end of the fiscal year does not lapse to the state general fund but must be carried over into the next fiscal year.

    4.  All claims against the fund must be paid as other claims against the state are paid.

    5.  The Administrator of the Division of State Lands may use the proceeds from any bonds issued pursuant to section 1 of this act or may request an appropriation to defray the costs of administering the program if the money in the fund is not sufficient.

    6.  The Administrator of the Division of State Lands shall report semiannually to the Interim Finance Committee concerning the establishment and administration of the program and the expenditure of money from the fund for the program.

    Sec. 3.  The Administrator of the Division of State Lands may issue grants to state agencies and local governments to carry out the program established pursuant to section 1 of this act. The Administrator shall adopt such regulations as are necessary for awarding the grants. The regulations must:

    1.  Set forth the procedure for applying for a grant;

    2.  Set forth the criteria that will be considered in awarding a grant; and

    3.  State whether and the extent to which an applicant must match any money awarded.

    Sec. 4.  The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:

    1.  Are necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof; and

    2.  Constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the Constitution of the State of Nevada.

    Sec. 5.  This act becomes effective on July 1, 1999.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2630ê

 

CHAPTER 515, AB 380

Assembly Bill No. 380–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 515

 

AN ACT relating to water; revising the provisions establishing the priority of certain water rights; providing that certain evidence may be considered to show whether a water right has been abandoned; declaring that certain water rights are not subject to a determination of abandonment; clarifying the circumstances under which water becomes appurtenant to land; providing that certain surface water rights are not subject to forfeiture for failure to use water pursuant to that right within a certain period; establishing the Newlands Project Water Rights Fund and a related program for the acquisition of certain surface water rights; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The priority of a water right acquired by a person for use in a federal reclamation project is determined according to the date on which the United States appropriated water for initiation of the project. Notwithstanding the fact that the water right so appropriated and acquired may ultimately vest in the name of the person at a later date, all such water rights so acquired are governed by the applicable law of this state in effect on the date on which the United States appropriated water for initiation of the project, unless the water rights vested under the law in this state before the time the United States first appropriated or otherwise acquired the water for initiation of the project. If the water right vested under the law in this state before appropriation or acquisition by the United States, the date of initiation of the water right is determined according to the date on which the water was first diverted under that appropriation or acquisition by the United States.

    2.  No water rights, in addition to those allocated under applicable court decrees, are granted, stated or implied by the determination of the date of priority pursuant to subsection 1.

    Sec. 2.  NRS 533.040 is hereby amended to read as follows:

    533.040  [All]

    1.  Except as otherwise provided in this section, any water used in this state for beneficial purposes shall be deemed to remain appurtenant to the place of use . [; provided:

    1.  That if for any reason it should]

    2.  If at any time [become] it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from [such] the place of use and be simultaneously transferred and become appurtenant to [other place or places] another place of use, in the manner provided in this chapter, [and not otherwise,] without losing priority of right . [heretofore established; and

    2.  That the]


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2631 (Chapter 515, AB 380)ê

 

    3.  The provisions of this section [shall] do not apply [in cases of] to a ditch or canal [companies which have appropriated] company that appropriates water for diversion and transmission to the lands of private persons [at] for an annual charge.

    4.  For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the state engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the state engineer.

    5.  As used in this section, “farm” means a tract of land under the same ownership that is primarily used for agricultural purposes.

    Sec. 3.  NRS 533.060 is hereby amended to read as follows:

    533.060  1.  Rights to the use of water [shall] must be limited and restricted to [so much thereof] as much as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch. [All the] The balance of the water not so appropriated [shall] must be allowed to flow in the natural stream from which [such] the ditch draws its supply of water, and [shall] must not be considered as having been appropriated thereby.

    2.  [Except as otherwise provided in subsection 4, if the owner or owners of any such ditch, canal, reservoir, or any other means of diverting any of the public water fail to use the water therefrom or thereby for beneficial purposes for which the right of use exists during any 5 successive years, the right to so use shall be deemed as having been abandoned, and any such owner or owners thereupon forfeit all water rights, easements and privileges appurtenant thereto theretofore acquired, and all the water so formerly appropriated by such owner or owners and their predecessors in interest may be again appropriated for beneficial use the same as if such ditch, canal, reservoir or other means of diversion had never been constructed, and any qualified person may appropriate any such water for beneficial use.

    3.  No] Rights to the use of surface water shall not be deemed to be lost or otherwise forfeited for the failure to use the water therefrom for a beneficial purpose.

    3.  A surface water right that is appurtenant to land formerly used primarily for agricultural purposes is not subject to a determination of abandonment if the surface water right:

    (a) Is appurtenant to land that has been converted to urban use; or

    (b) Has been dedicated to or acquired by a water purveyor, public utility or public body for municipal use.

    4.  In a determination of whether a right to use surface water has been abandoned, a presumption that the right to use the surface water has not been abandoned is created upon the submission of records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:

    (a) The delivery of water;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2632 (Chapter 515, AB 380)ê

 

    (b) The payment of any costs of maintenance and other operational costs incurred in delivering the water;

    (c) The payment of any costs for capital improvements, including works of diversion and irrigation; or

    (d) The actual performance of maintenance related to the delivery of the water.

    5.  A prescriptive right to the use of [such] the water or any of the public water appropriated or unappropriated [can] may not be acquired by [adverse user or] adverse possession . [for any period of time whatsoever, but any] Any such right to appropriate any of [such water shall] the water must be initiated by [first making application] applying to the state engineer for a permit to appropriate the [same] water as provided in this chapter . [and not otherwise.]

    [4.] 6.  The State of Nevada reserves for its own present and future use all rights to the use and diversion of water acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise existing within the watersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfully appropriated on April 26, 1963, by any person other than the Marlette Lake Company. [No such right may] Such a right must not be appropriated by any person without the express consent of the legislature.

    Sec. 4.  1.  There is hereby appropriated from the state general fund to the Newlands Project Water Rights Fund, created by section 5 of this act, the sum of $3,300,000 as the state’s contribution to the fund for the protection and preservation of the natural resources of this state. All interest generated from this appropriation accrues to the benefit of the Newlands Project Water Rights Fund.

    2.  The Carson Water Subconservancy District shall not commit for expenditure any amount of the appropriation made by subsection 1 until the District determines that:

    (a) There is and will continue to be substantial compliance with the “Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company,” dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999; and

    (b) The City of Fallon and Churchill County have withdrawn all administrative protests and have sought to dismiss all legal actions initiated by the city and county, respectively, relating to applications for changes in the point of diversion, place of use or manner of use of water rights pending before the State Engineer on the effective date of this act as required by that joint testimony.

    3.  The Carson Water Subconservancy District shall not commit for expenditure during the next biennium more than $1,600,000 of the appropriation made by subsection 1.

    4.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2004, and reverts to the state general fund as soon as all payments of money committed have been made.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2633 (Chapter 515, AB 380)ê

 

    Sec. 5.  1.  The legislature hereby finds and declares that a general law cannot be made applicable to the purposes, objects, powers, rights, privileges, liabilities and duties provided in this section because of the number of atypical factors and special conditions relating thereto.

    2.  The Newlands Project Water Rights Fund is hereby established to be administered by the Carson Water Subconservancy District. The money in the fund may only be used:

    (a) For the support of the program established pursuant to subsection 4; and

    (b) To provide for the payment of an amount to offset revenue from operation and maintenance charges lost as a result of water rights retired and abandoned pursuant to the program.

    3.  The District may accept gifts and grants for deposit in the Fund and shall make every effort to secure money for the Fund from:

    (a) The Federal Government;

    (b) The State of Nevada;

    (c) Sierra Pacific Power Company or its affiliates;

    (d) Carson Water Subconservancy District;

    (e) Carson-Truckee Water Conservancy District; and

    (f) Any other interested parties.

    4.  The Carson Water Subconservancy District shall establish a program for the acquisition of surface water rights to assist in the resolution of legal and administrative challenges in existence on April 1, 1999, regarding water rights for the Newlands Reclamation Project. The District shall:

    (a) Adopt criteria for the administration of the program, including, without limitation, criteria to determine the fair market value of the water rights to be acquired;

    (b) Acquire surface water rights appurtenant to not more than 6,500 acres of land in the Newlands Reclamation Project at an amount not to exceed the fair market value of the water rights;

    (c) Acquire these water rights from willing sellers with the execution of a suitable binding contract for sale in which the seller acknowledges that, upon completion of the sale:

         (1) His right to the water sold is retired and deemed abandoned; and

         (2) He waives any right to claim further compensation for the water rights so acquired by the District;

    (d) Retain reasonable fees for the administration or operation of the program;

    (e) To the extent that legal and administrative challenges in existence on April 1, 1999, result in a final determination that all or any portion of a surface water right appurtenant to land in the Newlands Reclamation Project has been forfeited or abandoned:

         (1) Pay to the party who procured that final determination an amount equal to the amount that would have been paid to acquire the water right pursuant to the program; and

         (2) Consider the forfeited or abandoned water right as having been acquired pursuant to the program; and

    (f) Complete an annual report on the program and make it available for public review.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2634 (Chapter 515, AB 380)ê

 

    Sec. 6.  The 71st regular session of the Nevada Legislature shall review the manner in which the appropriation made by section 4 of this act has been expended and determine whether there has been substantial compliance with the “Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company,” dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999.

    Sec. 7.  The amendatory provisions of sections 1, 2 and 3 of this act:

    1.  Do not apply to water rights that are under challenge in any legal or administrative proceeding which is pending on or before April 1, 1999; and

    2.  Do not constitute a legislative declaration that the law to be applied in any such pending proceeding is different from or the same as set forth in this act.

    Sec. 8.  1.  This act becomes effective upon passage and approval.

    2.  Section 5 of this act expires by limitation on July 1, 2004.

________

 

CHAPTER 516, AB 386

Assembly Bill No. 386–Committee on Health and Human Services

 

CHAPTER 516

 

AN ACT relating to public welfare; requiring the Department of Human Resources to conduct a study of the methodology used in determining the amount of payments made to certain hospitals that treat Medicaid, indigent or other low-income patients; providing monetary assistance to restore a certain base amount in the fund for the institutional care of the medically indigent; providing for the allocation and transfer of certain funding for the treatment of Medicaid, indigent and other low-income patients; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  The Department of Human Resources shall conduct a study of the methodology used in determining the amount and distribution of payments made to public and private hospitals pursuant to NRS 422.387. The study must review:

    (a) Whether the payments received by hospitals based on the volume of medical care provided to Medicaid patients, indigent patients and other low-income patients are equitable;

    (b) Whether it is feasible to redistribute payments to increase payments to hospitals located in rural counties;

    (c) Whether it is feasible to redistribute payments to provide payments to private hospitals located in counties that have a public hospital; and

    (d) Alternative sources of revenue that may be used to offset the cost of care provided to Medicaid patients, indigent patients and other low-income patients.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2635 (Chapter 516, AB 386)ê

 

    2.  The Department shall seek to obtain relevant information from public and private hospitals as part of the study. Any such information obtained by the Department may be used only for the purpose of conducting the study.

    3.  The Department shall complete the study and submit a copy of its findings and recommendations on or before July 1, 2000, to the Governor, the Interim Finance Committee and the Legislative Committee on Health Care.

    Sec. 2.  1.  The state controller shall, as soon as practicable after July 1, 1999, transfer from the intergovernmental transfer account in the general fund to the fund for the institutional care of the medically indigent created pursuant to NRS 428.470 the amount necessary to restore the amount in the fund for the institutional care of the medically indigent to $300,000.

    2.  The money transferred to the fund for the institutional care of the medically indigent pursuant to subsection 1 may be used to provide assistance to a county for a payment required by an interlocal agreement which became due during fiscal year 1998-1999 or becomes due during fiscal year 1999-2000 or 2000-2001.

    3.  As used in this section, “interlocal agreement” has the meaning ascribed to it in NRS 428.440.

    Sec. 3.  1.  Except as otherwise provided in subsection 2:

    (a) In a county whose population is more than 100,000 but less than 400,000, the state plan for Medicaid must allocate among any private hospitals that are qualified to receive a payment pursuant to NRS 422.387 and that are located in a county which does not have a public hospital or hospital district, $4,800,000 or the amount of the uncompensated costs of the hospitals as defined in the state plan for Medicaid, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.

    (b) The state plan for Medicaid may allocate among any private hospitals that are qualified to receive a payment pursuant to NRS 422.387 and that are located in a county which does not have a public hospital or hospital district:

         (1) In a county whose population is more than 35,000 but less than 100,000, $2,000,000 or the amount of the uncompensated costs of the hospitals as defined in the state plan for Medicaid, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.

         (2) In a county whose population is less than 35,000, $1,000,000 or the amount of the uncompensated costs of the hospitals as defined in the state plan for Medicaid, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.

    (c) If a private hospital receives a payment pursuant to paragraph (a) or (b), the county within which the hospital is located shall transfer to the Department of Human Resources:

         (1) If the payment was received pursuant to paragraph (a), $1,550,000 for the fiscal year 1999-2000 and for the fiscal year 2000-2001.

         (2) If the payment was received pursuant to subparagraph (1) of paragraph (b), $1,500,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2636 (Chapter 516, AB 386)ê

 

         (3) If the payment was received pursuant to subparagraph (2) of paragraph (b), $750,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 1999-2000 and for the fiscal year 2000-2001.

    2.  If federal law changes the amount payable pursuant to paragraph (a) of subsection 2 of NRS 422.387:

    (a) The respective amounts required to be allocated and transferred pursuant to subsection 1 must be reduced proportionally in accordance with the limits of federal law.

    (b) The Administrator of the Division of Health Care Financing and Policy of the Department of Human Resources shall adopt a regulation specifying the amount of the reductions required by paragraph (a).

    Sec. 4.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 517, AB 454

Assembly Bill No. 454–Assemblyman Perkins

 

CHAPTER 517

 

AN ACT relating to controlled substances; revising the penalties for manufacturing or compounding certain controlled substances; authorizing peace officers to destroy materials or substances that they reasonably believe are hazardous waste at the time of seizure of certain substances; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:

    (a) Manufacture or compound a controlled substance other than marihuana;

    (b) Possess a majority of the ingredients required to manufacture or compound a controlled substance other than marihuana, unless he is at a laboratory that is licensed to store such ingredients; or

    (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

    2.  Unless a greater penalty is provided in NRS 453.3385 or 453.3395, a person who violates the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.

    3.  The court shall not grant probation to a person convicted pursuant to this section.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2637 (Chapter 517, AB 454)ê

 

    Sec. 2.  NRS 453.146 is hereby amended to read as follows:

    453.146  1.  The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.

    2.  In making a determination regarding a substance, the board shall consider the following:

    (a) The actual or relative potential for abuse;

    (b) The scientific evidence of its pharmacological effect, if known;

    (c) The state of current scientific knowledge regarding the substance;

    (d) The history and current pattern of abuse;

    (e) The scope, duration and significance of abuse;

    (f) The risk to the public health;

    (g) The potential of the substance to produce psychic or physiological dependence liability; and

    (h) Whether the substance is an immediate precursor of a controlled substance.

    3.  The board may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.

    4.  After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.

    5.  The board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The board may not designate as a controlled substance an anabolic steroid which is:

    (a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and

    (b) Approved by the Food and Drug Administration for such use.

    Sec. 3.  NRS 453.321 is hereby amended to read as follows:

    453.321  1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to [import, transport, manufacture, compound,] :

    (a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance ;

    (b) Manufacture or compound a counterfeit substance; or [to offer]

    (c) Offer or attempt to do any [such act.] act set forth in paragraph (a) or (b).

    2.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, he is guilty of a category B felony and shall be punished:

    (a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $20,000.

    (b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2638 (Chapter 517, AB 454)ê

 

offense under this section, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.

    (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

    3.  The court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

    4.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, he shall be punished:

    (a) For the first offense, for a category C felony as provided in NRS 193.130.

    (b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.

    (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

    5.  The court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

    Sec. 4.  NRS 453.326 is hereby amended to read as follows:

    453.326  1.  It is unlawful for a person:

    (a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.552, inclusive [;] , and section 1 of this act;

    (b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.552, inclusive [;] , and section 1 of this act; or

    (c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of those sections.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2639 (Chapter 517, AB 454)ê

 

using these substances, or which is used for keeping or selling them in violation of those sections.

    2.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    Sec. 5.  NRS 453.3345 is hereby amended to read as follows:

    453.3345  1.  Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.321 or 453.323 [:] or section 1 of this act:

    (a) On the grounds of a public or private school, a playground, public swimming pool, recreational center for youths or a video arcade;

    (b) On a campus of the University and Community College System of Nevada;

    (c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, pool, recreational center or arcade; or

    (d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,

must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

    2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

    3.  For the purposes of this section:

    (a) “Playground” means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.

    (b) “Recreational center for youths” means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.

    (c) “School bus” has the meaning ascribed to it in NRS 483.160.

    (d) “Video arcade” means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

    Sec. 6.  NRS 453.3385 is hereby amended to read as follows:

    453.3385  Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marihuana, or any mixture which contains any such controlled substance, shall be punished, unless a greater penalty is provided pursuant to section 1 of this act, if the quantity involved:

    1.  Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2640 (Chapter 517, AB 454)ê

 

    2.  Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $100,000.

    3.  Is 28 grams or more, for a category A felony by imprisonment in the state prison:

    (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

    (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,

and by a fine of not more than $500,000.

    Sec. 7.  NRS 453.3395 is hereby amended to read as follows:

    453.3395  Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance shall be punished, unless a greater penalty is provided pursuant to section 1 of this act, if the quantity involved:

    1.  Is 28 grams or more, but less than 200 grams, for a category C felony as provided in NRS 193.130 and by a fine of not more than $50,000.

    2.  Is 200 grams or more, but less than 400 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $100,000.

    3.  Is 400 grams or more, for a category A felony by imprisonment in the state prison:

    (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

    (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

and by a fine of not more than $250,000.

    Sec. 8.  NRS 453.348 is hereby amended to read as follows:

    453.348  In any proceeding brought under NRS 453.316, 453.321, 453.333, 453.334, 453.337, 453.338 or 453.401, or section 1 of this act, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty or guilty but mentally ill to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.

    Sec. 9.  NRS 453.553 is hereby amended to read as follows:

    453.553  1.  In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, or section 1 of this act, any person who unlawfully sells, manufactures, delivers or brings into this state, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III is subject to a civil penalty for each violation.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2641 (Chapter 517, AB 454)ê

 

controlled substance listed in schedule I, II or III is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction.

    2.  As used in this section and NRS 453.5531, 453.5532 and 453.5533:

    (a) “Each violation” includes a continuous or repetitive violation arising out of the same act.

    (b) “Sell” includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.

    (c) “Substitute” means a substance which:

         (1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and

         (2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.

    Sec. 10.  NRS 52.395 is hereby amended to read as follows:

    52.395  1.  When any substance alleged to be a controlled substance, dangerous drug or immediate precursor is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of the substance.

    2.  Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. The prosecuting attorney or his representative and the defendant or his representative must be allowed to inspect and weigh the substance.

    3.  If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of the substance. The defendant, his attorney and any other witness the defendant may designate may be present and testify at the hearing.

    4.  After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of the substance. The district court shall order the remaining sample to be sealed and maintained for analysis before trial.

    5.  If the substance is finally determined not to be a controlled substance, dangerous drug or immediate precursor, unless the substance was destroyed pursuant to subsection 7, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.

    6.  The district court’s finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.

    7.  If at the time that a peace officer seizes from a defendant a substance believed to be a controlled substance, dangerous drug or immediate precursor, the peace officer discovers any material or substance that he reasonably believes is hazardous waste, the peace officer may appropriately dispose of the material or substance without securing the permission of a court.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2642 (Chapter 517, AB 454)ê

 

that he reasonably believes is hazardous waste, the peace officer may appropriately dispose of the material or substance without securing the permission of a court.

    8.  As used in this section:

    (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

    (b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430.

    (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

    Sec. 11.  NRS 207.360 is hereby amended to read as follows:

    207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

    1.  Murder;

    2.  Manslaughter;

    3.  Mayhem;

    4.  Battery which is punished as a felony;

    5.  Kidnaping;

    6.  Sexual assault;

    7.  Arson;

    8.  Robbery;

    9.  Taking property from another under circumstances not amounting to robbery;

    10.  Extortion;

    11.  Statutory sexual seduction;

    12.  Extortionate collection of debt in violation of NRS 205.322;

    13.  Forgery;

    14.  Any violation of NRS 199.280 which is punished as a felony;

    15.  Burglary;

    16.  Grand larceny;

    17.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

    18.  Battery with intent to commit a crime in violation of NRS 200.400;

    19.  Assault with a deadly weapon;

    20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or section 1 of this act or NRS 453.375 to 453.401, inclusive;

    21.  Receiving or transferring a stolen vehicle;

    22.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

    23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

    24.  Receiving, possessing or withholding stolen goods valued at $250 or more;

    25.  Embezzlement of money or property valued at $250 or more;

    26.  Obtaining possession of money or property valued at $250 or more, or obtaining a signature by means of false pretenses;

    27.  Perjury or subornation of perjury;

    28.  Offering false evidence;

    29.  Any violation of NRS 201.300 or 201.360;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2643 (Chapter 517, AB 454)ê

 

    30.  Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291; or

    31.  Any violation of NRS 205.506, 205.920 or 205.930.

    Sec. 12.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

________

 

CHAPTER 518, AB 480

Assembly Bill No. 480–Assemblymen de Braga, Mortenson, Chowning, Manendo and Ohrenschall

 

Joint Sponsor: Senator McGinness

 

CHAPTER 518

 

AN ACT making an appropriation to the White Pine County School District for the payment of short-term debts incurred by the school district; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the White Pine County School District the sum of $2,031,337 for the payment of short-term debts incurred by the school district.

    Sec. 2.  On or before June 30, 2000, the White Pine County School District shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau verification that the debts have been repaid.

    Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2000, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 4.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2644ê

 

CHAPTER 519, AB 527

Assembly Bill No. 527–Assemblymen Parks, Segerblom, Mortenson, Bache, Giunchigliani, Thomas, Buckley, Ohrenschall, Chowning, Collins, Manendo, Williams, McClain, Claborn, de Braga, Humke, Hettrick, Cegavske, Perkins, Lee, Neighbors, Berman, Gibbons, Marvel and Price

 

CHAPTER 519

 

AN ACT relating to the University and Community College System of Nevada; authorizing the financing of campus facilities required or desired by the master plans at the University of Nevada, Las Vegas, and the University of Nevada, Reno, with revenue bonds issued pursuant to chapter 501, Statutes of Nevada 1991; increasing the maximum amount authorized for those bonds; increasing the time within which those bonds may be issued; authorizing the issuance of bonds for the construction of a dental school; including any revenue derived from dental services provided at a facility of the system within the definition of “pledged revenues” for the purposes of the University Securities Law; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 4 of chapter 501, Statutes of Nevada 1991, as last amended by section 1 of chapter 93, Statutes of Nevada 1995, at page 112, is hereby amended to read as follows:

   Sec. 4.  “Project” means the construction, land and other acquisition, rehabilitation and improvement, or any combination thereof, of additional:

                   1.  Student housing and dining facilities required or desired by the university at the University of Nevada, Reno, and University of Nevada, Las Vegas; [and]

                   2.  Parking facilities required or desired by the university at the University of Nevada, Reno, and University of Nevada, Las Vegas [,] ; and

                   3.  Campus facilities required or desired by university master plans at the University of Nevada, Las Vegas, and the University of Nevada, Reno,

equipment and furnishings therefor, and other appurtenances relating thereto as specified in a resolution of the board adopted pursuant to this act.

    Sec. 2.  Section 5 of chapter 501, Statutes of Nevada 1991, as last amended by section 2 of chapter 93, Statutes of Nevada 1995, at page 112, is hereby amended to read as follows:

   Sec. 5.  1.  The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

   (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$12,000,000] $25,000,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding [$17,500,000] $67,500,000 for facilities at the University of Nevada, Las Vegas [;] , $35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2645 (Chapter 519, AB 527)ê

 

$35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school.

   (b) To issue such bonds and other securities in connection with the projects in one series or more at any time or from time to time within [9] 18 years after the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act possible subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);

   (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and

   (d) To exercise the incidental powers provided in this University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.

   2.  If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.

   3.  This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

    Sec. 3.  1.  The board of regents of the University of Nevada may, on behalf and in the name of the university, finance the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school at the University of Nevada, Las Vegas, by the issuance of bonds and other securities of the university in a total principal amount not exceeding $35,000,000. The bonds and other securities may be issued at one time or from time to time, within 5 years after the effective date of this act and, except as otherwise provided in this section, must be issued in accordance with the provisions of the University Securities Law. The total principal amount of any bonds issued pursuant to this section and pursuant to chapter 501, Statutes of Nevada 1991, as amended, for this purpose must not exceed $35,000,000.

    2.  The bonds or other securities issued pursuant to subsection 1 must be secured by a pledge of the revenues derived from or otherwise pertaining to the imposition and collection of fees for dental services provided at a facility for the University of Nevada, Las Vegas.

    3.  The provisions of this section do not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

    4.  Any bonds or other securities issued pursuant to this section must not be considered to be obligations general, special, or otherwise of the state, or to be securities of debt of the state, and are not enforceable against the state.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2646 (Chapter 519, AB 527)ê

 

    Sec. 4.  NRS 396.828 is hereby amended to read as follows:

    396.828  “Pledged revenues” means the money pledged wholly or in part for the payment of bonds or other securities issued hereunder, and, subject to any existing pledges or other contractual limitations, may include at the board’s discretion, all loans, grants or contributions to the university or board, if any, conditional or unconditional, from the Federal Government, the state, any public body or other donor for the payment of the principal of, the interest on, and any prior redemption premiums due in connection with any securities issued hereunder, or any combination thereof, and may include income or money derived from one, all or any combination of the following sources of revenue, including , without limitation , student fees and other fees, rates and charges appertaining thereto:

    1.  Dormitories, apartments and other facilities for housing;

    2.  Cafeterias, dining halls and other facilities for food service;

    3.  Student union and other facilities for student activities;

    4.  Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies and like material;

    5.  Stadium, arena, theater, fieldhouse and other athletic or recreational facilities for use in part by spectators or otherwise;

    6.  Land and any structures, other facilities, or other improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;

    7.  Properties for providing heat or any other utility furnished by the university or the board to any facilities on its campus;

    8.  Investments and reinvestments of unrestricted endowments; [and]

    9.  Any revenue derived from or otherwise pertaining to the imposition and collection of fees for dental services provided at a facility of the university; and

    10.  Facilities of the desert research institute, including , without limitation , money from:

    (a) Grants to the desert research institute by any person or the Federal Government;

    (b) Contracts and leases between the desert research institute and any person or governmental entity;

    (c) The investment of any money of the desert research institute; and

    (d) Any other revenue received by the desert research institute, or by the board on behalf of the desert research institute pursuant to NRS 396.795 to 396.7956, inclusive.

    Sec. 5.  It is the intent of the Legislature in enacting section 3 of this act that gifts, grants, donations and clinical fees be used to pay the principal and interest on the bonds issued pursuant to section 3 of this act for the construction and operation of the facilities authorized by the section. This act does not obligate the use of money from the state general fund other than any portion of the clinical fees that is derived from money appropriated for Nevada Medicaid or the Children’s Health Insurance Program.

    Sec. 6.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2647ê

 

CHAPTER 520, AB 690

Assembly Bill No. 690–Committee on Ways and Means

 

CHAPTER 520

 

AN ACT making an appropriation to the Department of Prisons for equipment and supplies to open Cold Creek State Prison; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby appropriated from the state general fund to the Department of Prisons the sum of $2,160,399 for initial operating supplies and equipment to open Cold Creek State Prison.

    2.  The money appropriated by subsection 1 must be allocated as follows:

Information Services............................................................... $139,255

Medical Equipment.................................................................   241,480

Medical Start-Up Supplies......................................................     26,747

Initial Start-Up Supplies for Operation.................................     97,720

Training......................................................................................     31,938

Furnishings/Equipment/Vehicles.......................................... 1,623,259

    3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 521, AB 695

Assembly Bill No. 695–Assemblymen Perkins, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams

 

CHAPTER 521

 

AN ACT relating to special legislative license plates; granting to Joseph E. Dini, Jr., the use of the special legislative license plate designated “State Assemblyman 1” as a lifetime endowment; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 482.374 is hereby amended to read as follows:

    482.374  1.  [The] Except as otherwise provided in a special act, the department shall furnish to each state senator and state assemblyman a special license plate or plates showing on the face thereof, in the case of the senators, “State Senator,” together with the designated number showing the seniority of the senator in the senate, and, in the case of the assemblymen, “State Assemblyman” or “State Assemblywoman,” as appropriate, together with the designated number showing the seniority of the assemblyman in the assembly.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2648 (Chapter 521, AB 695)ê

 

seniority of the senator in the senate, and, in the case of the assemblymen, “State Assemblyman” or “State Assemblywoman,” as appropriate, together with the designated number showing the seniority of the assemblyman in the assembly. If two or more legislators have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names, except that numbers drawn by lot by legislators having the same seniority prior to January 1, 1971, must be maintained in the same sequence.

    2.  The department shall furnish to each justice of the supreme court a special license plate or plates showing on the face thereof “Supreme Court Justice,” together with the designated number showing the seniority of the justice. If two or more justices have the same seniority, the designated number given to them must be determined according to the alphabetical order of their last names.

    3.  The department shall issue the license plates described in this section and a duplicate set of those plates to the state legislators and justices of the supreme court upon payment of the license fees set forth in NRS 482.3745.

    Sec. 2.  NRS 218.048 is hereby amended to read as follows:

    218.048  1.  After he leaves office and a successor has been elected or appointed, it is unlawful for any legislator to:

    (a) Use any official stationery or business card acquired pursuant to NRS 218.225;

    (b) Maintain deliberately a listing in any directory, published after that date, which in any manner indicates that he is presently a legislator; or

    (c) [Use] Except as otherwise provided in a special act, use on his vehicle a special legislative license plate furnished pursuant to NRS 482.374.

    2.  Any person who violates any of the provisions of subsection 1 is guilty of a misdemeanor.

    Sec. 3.  1.  The special legislative license plate assigned to Mr. Joseph E. Dini, Jr., and showing on its face “State Assemblyman 1,” is hereby granted as a lifetime endowment to Mr. Dini, regardless of whether he continues to serve in the Assembly of this state. This endowment is made in recognition of his unprecedented length of service as Speaker of the Assembly.

    2.  After Mr. Dini completes his service in the Assembly of this state, the legislators who serve in the Assembly shall be furnished special legislative license plates in such a manner that the member of the Assembly who has the greatest seniority will be furnished a plate showing on its face “State Assemblyman 2” or “State Assemblywoman 2,” as appropriate, and the remaining members of the Assembly must be furnished special legislative license plates in the manner set forth in subsection 1 of NRS 482.374.

    Sec. 4.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2649ê

 

CHAPTER 522, SB 70

Senate Bill No. 70–Committee on Finance

 

CHAPTER 522

 

AN ACT relating to public schools; revising the provisions governing the program of accountability for public schools; requiring a charter school to adopt a final budget in accordance with the regulations of the department of education; revising provisions governing the administration and reporting of the achievement and proficiency examinations; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  The department shall not designate a public school pursuant to NRS 385.363 if:

    (a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is less than 90 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department; and

    (b) At least 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared.

    2.  If the department does not designate a public school pursuant to NRS 385.363, the board of trustees of the school district in which the school is located shall:

    (a) Prepare a written statement explaining why the number of pupils who took the examinations administered pursuant to NRS 389.015 is less than 90 percent of the pupils who were required to take the examinations;

    (b) Prepare a written plan to increase the number of pupils who take the examinations administered pursuant to NRS 389.015; and

    (c) On or before May 1 of the year in which the school receives notice pursuant to NRS 385.369 that a designation will not be made for the school, submit the written statement and plan to the:

         (1) Governor;

         (2) Department;

         (3) Committee; and

         (4) Bureau.

    Sec. 3.  1.  If the department does not designate a school pursuant to NRS 385.363 and, in the immediately succeeding school year, less than 90 percent of the pupils enrolled in the school who are required to take the examinations administered pursuant to NRS 389.015 take the examinations, the department shall designate the school as demonstrating need for improvement and the provisions of NRS 385.373 apply.

    2.  If the department designates a school as demonstrating need for improvement pursuant to subsection 1:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2650 (Chapter 522, SB 70)ê

 

    (a) The school shall, within the same school year, administer examinations to the pupils in the school who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015. The examinations must be the same examinations that are administered to a national reference group of pupils in the same grade. The school district shall pay for all costs related to the administration of examinations pursuant to this paragraph.

    (b) The department or its designee shall monitor at the school the administration of the examinations that are required pursuant to NRS 389.015 and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations until the school receives a designation as demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365.

    3.  A school that is designated as demonstrating need for improvement pursuant to subsection 1 is not eligible to receive money for remedial programs made available by legislative appropriation for the purposes of NRS 385.389.

    4.  If the department designates a school as demonstrating need for improvement pursuant to subsection 1 for two or more consecutive years, the provisions of NRS 385.375 and 385.378 apply.

    Sec. 4.  NRS 385.3455 is hereby amended to read as follows:

    385.3455  As used in NRS 385.3455 to 385.391, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 and 385.3465 have the meanings ascribed to them in those sections.   

    Sec. 5.  NRS 385.347 is hereby amended to read as follows:

    385.347  1.  The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district.

    2.  The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:

    (a) The educational goals and objectives of the school district.

    (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

         (1) The number of pupils who took the examinations;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2651 (Chapter 522, SB 70)ê

 

         (2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and

         (3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils [in attendance in that period.] who are enrolled in the school.

In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.

    (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.

    (d) [A comparison of the types of classes that each teacher has] The percentage of classes taught by teachers who have been assigned to teach [with the qualifications and licensure of the teacher,] English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (f) The curriculum used by the school district, including:

         (1) Any special programs for pupils at an individual school; and

         (2) The curriculum used by each charter school in the district.

    (g) The annual rate of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.

    (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

         (1) Communication with the parents of pupils in the district; and

         (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

    (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2652 (Chapter 522, SB 70)ê

 

    (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

    (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

    (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.  

    (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

    [(o)] (q) Each source of funding for the school district.

    [(p)] (r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

    (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

    [(q)] (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

    [(r)] (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:

         (1) A standard high school diploma.

         (2) An adjusted diploma.

         (3) A certificate of attendance.

    (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

    (w) Such other information as is directed by the superintendent of public instruction.

    3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2653 (Chapter 522, SB 70)ê

 

from being present in the classroom by the school in which he is employed for one of the following reasons:

    (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

    (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

    4.  The superintendent of public instruction shall:

    (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

    (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

    (c) Consult with a representative of the:

         (1) Nevada State Education Association;

         (2) Nevada Association of School Boards;

         (3) Nevada Association of School Administrators;

         (4) Nevada Parent Teachers Association;

         (5) Budget division of the department of administration; and

         (6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

    [4.] 5.  The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.   

    6.  On or before April 15 of each year, the board of trustees of each school district shall submit to the advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

    Sec. 6.  NRS 385.351 is hereby amended to read as follows:

    385.351  1.  On or before April 15 of each year, the board of trustees of each school district shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:

    (a) Governor;

    (b) State board;

    (c) Department;

    (d) Committee; and

    (e) Bureau.

    2.  On or before April 15 of each year, the board of trustees of each school district shall submit the information prepared by the board of trustees pursuant to paragraph [(q)] (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.

    3.  On or before June 15 of each year, the board of trustees of each school district shall:

    (a) Prepare:

         (1) A separate written report summarizing the effectiveness of the district’s program of accountability . [during the school year.] The report must include:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2654 (Chapter 522, SB 70)ê

 

             (I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based [;] and a review and analysis of any data that is more recent than the data upon which the report is based;

             (II) The identification of any problems or factors at individual schools that are revealed by the review and analysis [.] ;

             (III) A summary of the efforts that the school district has made or intends to make in response to the deficiencies or in response to the recommendations identified in the report submitted to the district pursuant to paragraph (b) of subsection 1 of NRS 385.359; and

             (IV) A description of the progress that the school district has achieved, if any, as a result of the recommendations submitted pursuant to paragraph (b) of subsection 1 of NRS 385.359 in preceding years and any other analyses made in preceding years.

         (2) A written procedure to improve the achievement of pupils who are enrolled in schools within the district, including, but not limited to, a description of the efforts the district has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the board of trustees to evaluate the effectiveness of the written procedure.

    (b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:

         (1) Governor;

         (2) State board;

         (3) Department;

         (4) Committee; and

         (5) Bureau.

    4.  The department shall maintain a record of the information that it receives from each school district pursuant to this section in such a manner as will allow the department to create for each school a yearly profile of information.

    5.  The board of trustees of each school district shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the school district adopted pursuant to NRS 354.598.

    Sec. 7.  NRS 385.356 is hereby amended to read as follows:

    385.356  The department shall maintain a record of the:

    1.  Information that it receives from each school district pursuant to NRS 385.351; and

    2.  Designation made for each school pursuant to NRS 385.363 [,] and section 3 of this act,

in such a manner as will allow the department to evaluate the progress of each school in improving the achievement of pupils who are enrolled in the school on the examinations required pursuant to NRS 389.015, improving the attendance of pupils who are enrolled in the school and [the attendance of teachers who provide instruction at the school.] increasing the number of pupils who take the examinations required pursuant to NRS 389.015.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2655 (Chapter 522, SB 70)ê

 

    Sec. 8.  NRS 385.359 is hereby amended to read as follows:

    385.359  1.  The bureau shall contract with a person or entity to:

    (a) Review and analyze the information submitted to the bureau pursuant to NRS 385.351 in accordance with standards prescribed by the committee pursuant to subsection 2 of NRS 218.5354;

    (b) [Consult] Submit a written report to and consult with each school district regarding any methods by which the district may improve the accuracy of the report required pursuant to subsection 2 of NRS 385.347 and the written report and written procedure required pursuant to NRS 385.351, and the purposes for which the reports and written procedure are used; and

    (c) Submit written reports and any recommendations to the committee and the bureau concerning:

         (1) The effectiveness of the provisions of NRS 385.3455 to 385.391, inclusive, and sections 2 and 3 of this act, in improving the accountability of the schools of this state;

         (2) The status of each school that is designated as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 [;] and section 3 of this act; and

         (3) Any other matter related to the accountability of the public schools of this state, as deemed necessary by the bureau.

    2.  The consultant with whom the bureau contracts to perform the duties required pursuant to subsection 1:

    (a) Must possess the experience and knowledge necessary to perform those duties, as determined by the committee; and

    (b) Shall complete those duties within 6 months after the bureau provides to the consultant the report required pursuant to subsection 2 of NRS 385.347 and the written report and written procedure required pursuant to NRS 385.351.

    Sec. 9.  NRS 385.363 is hereby amended to read as follows:

    385.363  The department shall, on or before [December 15] April 1 of each year:

    1.  Evaluate the information submitted by each school district pursuant to paragraphs (b) [, (g) and (i)] and (g) of subsection 2 of NRS 385.347; and

    2.  [Based] Except as otherwise provided in subsection 3 and section 2 of this act, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:

    (a) Demonstrating exemplary achievement;

    (b) Demonstrating high achievement;

    [(b)] (c) Demonstrating adequate achievement; or

    [(c) Demonstrating inadequate achievement.]

    (d) Demonstrating need for improvement.

    3.  The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:

    (a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;

    (b) Serves only pupils with disabilities;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2656 (Chapter 522, SB 70)ê

 

    (c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school; or

    (d) Is operated within a:

         (1) Youth training center;

         (2) Youth center;

         (3) Juvenile forestry camp;

         (4) Detention home;

         (5) Youth camp;

         (6) Juvenile correctional institution; or

         (7) Correctional institution.

    Sec. 10.  NRS 385.365 is hereby amended to read as follows:

    385.365  1.  The department shall designate a public school as demonstrating [high] exemplary achievement if:

    (a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;

    (b) At least 50 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the [75th] 76th percentile of the national reference group of pupils to which the examinations were compared; and

    (c) The average daily attendance of pupils who are enrolled in the school [and the teachers who provide instruction at the school is more than] is at least 95 percent.

    2.  The department shall designate a public school as demonstrating high achievement if:

    (a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 93 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;

    (b) At least 40 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 76th percentile of the national reference group of pupils to which the examinations were compared; and

    (c) The average daily attendance of pupils who are enrolled in the school is at least 93 percent.

    3.  The department shall designate a public school as demonstrating adequate achievement if:

    (a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;

    (b) At least 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2657 (Chapter 522, SB 70)ê

 

    (c) The average daily attendance of pupils who are enrolled in the school [and the teachers who provide instruction at the school is more than] is at least 90 percent.

    Sec. 11.  NRS 385.367 is hereby amended to read as follows:

    385.367  The department shall designate a public school as demonstrating [inadequate achievement] need for improvement if:

    1.  Less than 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; or

    2.  The average daily attendance of pupils who are enrolled in the school [and the teachers who provide instruction at the school] is less than 90 percent for 3 or more consecutive years based upon the yearly profile of information for the school maintained by the department pursuant to subsection 4 of NRS 385.351.

    Sec. 12.  NRS 385.369 is hereby amended to read as follows:

    385.369  1.  As soon as practicable after the department makes a designation pursuant to NRS 385.363 [,] or section 3 of this act, the department shall provide written notice of the designation to the principal of the particular school. [In addition,] If the department does not designate a public school for the reasons set forth in section 2 of this act, the department shall provide written notice [of each such designation] as soon as practicable to the principal of the particular school that a designation will not be made for the school.

    2.  For each public school that is designated pursuant to NRS 385.363 or section 3 of this act, the department shall provide written notice of each such designation as follows:

    [1.] (a) Designations for all of the schools of this state to the:

    [(a) Governor;

    (b) Committee;

    (c) Bureau; and

    (d) State board.

    2.]

         (1) Governor;

         (2) Committee;

         (3) Bureau; and

         (4) State board.

    (b) Designations for all of the schools within a school district to the:

    [(a)] (1) Superintendent of schools of the school district; and

    [(b)] (2) Board of trustees of the school district.

Each notice that the department provides pursuant to this [section] subsection must include, for each school that the department designates as demonstrating [inadequate achievement,] need for improvement, the number of consecutive years, if any, in which the school has received that designation.

    3.  If the department does not designate a public school for the reasons set forth in section 2 of this act, the department shall provide written notice of:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2658 (Chapter 522, SB 70)ê

 

    (a) The schools of this state that did not receive a designation and the reasons therefor to the:

         (1) Governor;

         (2) Committee;

         (3) Bureau; and

         (4) State board.

    (b) The schools within a school district that did not receive a designation and the reasons therefor to the:

         (1) Superintendent of schools of the school district; and

         (2) Board of trustees of the school district. 

    Sec. 13.  NRS 385.371 is hereby amended to read as follows:

    385.371  If the department designates a school as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 and the provisions of NRS 385.373 and 385.375 do not apply, the board of trustees of the school district in which the school is located shall:

    1.  Prepare for that school a plan to improve the achievement of the school’s pupils as measured by the examinations required pursuant to NRS 389.015.

    2.  On or before [February 15] May 1 of the year [immediately succeeding the year] in which the designation was made, submit the plan to the:

    (a) Governor;

    (b) Department;

    (c) Committee; and

    (d) Bureau.

    Sec. 14.  NRS 385.373 is hereby amended to read as follows:

    385.373  If the department designates a school as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 for 2 consecutive years [,] or pursuant to section 3 of this act for 1 year, the department shall:

    1.  Place the school on academic probation.

    2.  Prepare for that school a plan to [improve] :

    (a) Improve the achievement of the pupils who are enrolled in the school as measured by the examinations required pursuant to NRS 389.015.

    (b) If the school received a designation pursuant to section 3 of this act, increase the number of pupils who take the examinations required pursuant to NRS 389.015 and ensure that all eligible pupils who are in attendance on the day that the examinations are administered are given an opportunity to take the examinations.

    3.  On or before [February 15] May 1 of the year [immediately succeeding the year] in which the second designation was made [,] pursuant to NRS 385.367 or the first designation was made pursuant to section 3 of this act, submit the plan to the:

    (a) Board of trustees of the school district in which the school is located;

    (b) Governor;

    (c) State board;

    (d) Committee; and

    (e) Bureau.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2659 (Chapter 522, SB 70)ê

 

    Sec. 15.  NRS 385.375 is hereby amended to read as follows:

    385.375  If the department designates a school as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 for 3 or more consecutive years [:] or pursuant to section 3 of this act for 2 or more consecutive years:

    1.  The department shall:

    (a) Continue the academic probation of the school;

    (b) Prepare for that school a plan to [improve] :

         (1) Improve the achievement of the school’s pupils as measured by the examinations required pursuant to NRS 389.015; [and]

         (2) If the school received a designation pursuant to section 3 of this act, increase the number of pupils who take the examinations required pursuant to NRS 389.015; and

    (c) [Submit] On or before May 1 of the year in which the third or subsequent designation was made pursuant to NRS 385.367 or the second or subsequent designation was made pursuant to section 3 of this act, submit the plan to the:

         (1) Board of trustees of the school district in which the school is located;

         (2) Governor;

         (3) State board;

         (4) Committee; and

         (5) Bureau.

A plan prepared and submitted by the department pursuant to this subsection must contain specific information about the school, including, but not limited to, information concerning the administrative operation of the school, the curriculum of the school and the financial and other resources of the school.

    2.  The board of trustees of the school district in which the school is located shall, until such time as the school is designated as demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365, make [at least four] two reports per year , one at the end of each semester, to the department, the committee , the bureau and the governor concerning the progress of the school in carrying out the plan prepared pursuant to subsection 1.

    Sec. 16.  NRS 385.378 is hereby amended to read as follows:

    385.378  1.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, in addition to the requirements set forth in NRS 385.373 and 385.375, if a school receives two or more consecutive designations as demonstrating [inadequate achievement,] need for improvement pursuant to NRS 385.367 or section 3 of this act, the department shall, on or before [January 15,] August 1, establish a panel to supervise the academic probation of the school. A panel established pursuant to this section consists of nine members appointed by the superintendent of public instruction as follows:

    (a) Two instructors or professors who provide instruction within the University and Community College System of Nevada;

    (b) [Two representatives] One representative of the private sector;

    (c) Two parents or legal guardians of pupils who are enrolled in the school; [and]


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2660 (Chapter 522, SB 70)ê

 

    (d) One person who is a member of the board of trustees of a school district; and

    (e) Three persons who are licensed educational personnel at public schools within this state. [Two of the persons] One person appointed pursuant to this paragraph must be a classroom [teachers who provide] teacher who provides instruction at [schools that are] a school that is not located within the same school district as the school which is the subject of the evaluation. One person appointed pursuant to this paragraph must be an administrator at a school that is not located within the same school district as the school which is the subject of the evaluation.

    2.  For each day or portion of a day during which a member of the panel attends a meeting of the panel or is otherwise engaged in the work of the panel, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The school district in which the school on academic probation is located shall pay the allowances and expenses authorized pursuant to this subsection.

    3.  If a school receives two or more consecutive designations as demonstrating [inadequate achievement,] need for improvement pursuant to NRS 385.367, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection 4 of NRS 385.351 demonstrates to the satisfaction of the department that the school has significantly improved in each of the immediately preceding 3 years covered by the profile.

    4.  If a school receives two or more consecutive designations as demonstrating need for improvement pursuant to section 3 of this act, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection 4 of NRS 385.351 demonstrates to the satisfaction of the department that the number of pupils enrolled in the school who take the examinations required pursuant to NRS 389.015 has significantly increased in each of the immediately preceding 2 years covered by the profile.

    5.  If the department grants a waiver pursuant to subsection 3 [,] or 4, it shall, on or before [February 15] June 1 of each year, prepare a list that contains the name of each school for which the department has granted a waiver and the justification of the department for granting the waiver. The department shall submit the list to the:

    (a) Governor;

    (b) State board;

    (c) Committee; and

    (d) Bureau.

    Sec. 17.  NRS 385.381 is hereby amended to read as follows:

    385.381  1.  A panel established pursuant to NRS 385.378 shall:

    (a) Review the most recent plan prepared by the department for the school pursuant to NRS 385.373 or 385.375 or the plan prepared by the board of trustees of the school district pursuant to NRS 385.371 [;] or section 2 of this act;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2661 (Chapter 522, SB 70)ê

 

trustees of the school district pursuant to NRS 385.371 [;] or section 2 of this act;

    (b) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating [inadequate achievement;] need for improvement;

    (c) Hold a public meeting to discuss the actions that the school will need to take to warrant receiving a designation of demonstrating exemplary achievement, high achievement or adequate achievement;

    (d) On or before [April 1,] December 1, prepare a written report that includes an analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating [inadequate achievement, including, but not limited to,] need for improvement, including, without limitation, issues relating to:

         (1) The financial resources of the school;

         (2) The administrative and educational personnel of the school;

         (3) The curriculum of the school;

         (4) The facilities available at the school, including the availability and accessibility of educational technology; and

         (5) Any other factors that the panel believes contributed to the designation of the school as demonstrating [inadequate achievement;] need for improvement;

    (e) Submit a copy of the written report to the:

         (1) Principal of the school;

         (2) Board of trustees of the school district in which the school is located;

         (3) Superintendent of schools of the school district in which the school is located;

         (4) Superintendent of public instruction;

         (5) Governor;

         (6) State board;

         (7) Department;

         (8) Committee; and

         (9) Bureau;

    (f) Make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school; and

    (g) In accordance with its findings pursuant to this subsection, adopt revisions to the most recent plan prepared by the department for the school pursuant to NRS 385.373 or 385.375.

    2.  The department shall, not more than 1 month after receiving the written report submitted by the panel:

    (a) Amend the most recent plan prepared by the department for the school pursuant to NRS 385.373 or 385.375. In amending the plan, the department shall incorporate the revisions adopted by the panel pursuant to paragraph (g) of subsection 1.

    (b) Submit to the panel a copy of an amended plan for the school which demonstrates to the satisfaction of the panel that the department incorporated the revisions adopted by the panel pursuant to paragraph (g) of subsection 1.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2662 (Chapter 522, SB 70)ê

 

    3.  The department shall submit to the panel a copy of the designation that it gives to the school pursuant to NRS 385.363 or section 3 of this act for the school year immediately succeeding the establishment of the panel. If the school does not earn a designation as demonstrating exemplary achievement, high achievement or adequate achievement for the school year immediately succeeding the establishment of the panel, the panel shall take such action pursuant to subsection 1 and NRS 385.383 as it deems necessary to ensure that the school takes action to improve its designation.

    Sec. 18.  NRS 385.383 is hereby amended to read as follows:

    385.383  If a panel established pursuant to NRS 385.378 determines that a school has not earned a designation as demonstrating exemplary achievement, high achievement or adequate achievement for the school year immediately succeeding the establishment of the panel, the panel shall:

    1.  Hold an additional public meeting to discuss the actions which must be taken to improve the achievement of pupils at the school.

    2.  On or before [April 1,] December 1, determine whether the superintendent of public instruction shall appoint an administrator to oversee the operation of the school pursuant to NRS 385.386.

    Sec. 19.  NRS 385.386 is hereby amended to read as follows:

    385.386  1.  If a panel established pursuant to NRS 385.378 determines that an administrator must be appointed to oversee the operation of a school, the superintendent of public instruction shall, on or before [May 1,] January 15, appoint a licensed administrator to do so. The administrator must:

    (a) Possess knowledge and experience concerning the administration of public schools.

    (b) Be appointed from a list of three qualified persons submitted to the superintendent of public instruction by the panel.

    2.  An administrator appointed pursuant to this section:

    (a) Shall:

         (1) Establish and carry out a policy for the management of the school to ensure that the plan prepared by the department pursuant to NRS 385.375 and revised by the panel pursuant to NRS 385.381 is followed. This subparagraph does not prohibit the administrator from recommending changes to the plan.

         (2) [On a quarterly basis, make] Make two reports , one at the end of each semester, to the department, the governor , the bureau and the committee regarding the progress of the school toward earning a designation of demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365.

    (b) May take any action not prohibited by law to ensure that [the] :

         (1) The performance of the pupils of the school on the examinations administered pursuant to NRS 389.015 ; and

         (2) If the school received two or more consecutive designations pursuant to section 3 of this act, the number of pupils who take the examinations administered pursuant to NRS 389.015,

improves to such a level that the school is designated as demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2663 (Chapter 522, SB 70)ê

 

    (c) Serves at the pleasure of the superintendent of public instruction and is entitled to receive such compensation as may be set by the superintendent.

    3.  A school district that contains a school for which an administrator is appointed pursuant to this section shall reimburse the department for any expenses incurred by the department pursuant to subsection 2.

    4.  If a school for which an administrator is appointed pursuant to this section receives a designation of demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365, the superintendent of public instruction shall terminate the oversight of the school by the administrator. After the superintendent terminates the oversight of the school, the board of trustees of the school district in which the school is located shall, [on a quarterly basis and] until such time as the school receives two consecutive designations of demonstrating exemplary achievement, high achievement or adequate achievement pursuant to NRS 385.365, make two reports , one at the end of each semester, to the department, the committee , the bureau and the governor regarding actions taken at the school to maintain that designation.

    Sec. 20.  NRS 385.389 is hereby amended to read as follows:

    385.389  1.  The department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In adopting these programs of remedial study, the department shall consider the recommendations submitted by the committee pursuant to NRS 218.5354 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

    2.  A school that receives a designation as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 shall adopt a program of remedial study that has been adopted by the department pursuant to subsection 1.

    3.  A school district that includes a school which receives a designation of demonstrating need for improvement pursuant to NRS 385.367 shall ensure that each of [its] the pupils enrolled in the school who [fails] failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 completes, in accordance with the requirements set forth in subsection 5 of NRS 389.015, [a program of] remedial study [adopted by the department.] that is determined to be appropriate for the pupil.

    Sec. 21.  NRS 385.391 is hereby amended to read as follows:

    385.391  The department shall adopt:

    1.  Regulations to provide for the recognition of schools that receive a designation as demonstrating exemplary achievement or high achievement pursuant to [subsection 1 of] NRS 385.365;

    2.  Regulations which prescribe the factors that the department will consider in determining whether to grant a waiver from the establishment of a panel to supervise the academic probation of a school pursuant to NRS 385.378, including, without limitation, criteria for determining whether [a] :

    (a) A school has significantly improved [;] for the purpose of subsection 3 of NRS 385.378; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2664 (Chapter 522, SB 70)ê

 

    (b) The number of pupils enrolled in a school who take the examinations required pursuant to NRS 389.015 has significantly increased for the purpose of subsection 4 of NRS 385.378; and

    3.  Such regulations as it deems necessary to carry out the provisions of this section and NRS 385.3455 to 385.386, inclusive, and sections 2 and 3 of this act, including, without limitation, uniform standards for the type and format of data that must be submitted by the school districts and the time by which such data must be submitted.

    Sec. 21.5.  NRS 386.550 is hereby amended to read as follows:

    386.550  A charter school shall:

    1.  Comply with all laws and regulations relating to discrimination and civil rights.

    2.  Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.

    3.  Refrain from charging tuition or fees, levying taxes or issuing bonds.

    4.  Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

    5.  Comply with the provisions of chapter 241 of NRS.

    6.  Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.

    7.  Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 to the pupils who are enrolled in the charter school.

    8.  Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.

    9.  Provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

    10.  Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.

    11.  Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.

    12.  Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.

    Sec. 22.  NRS 386.605 is hereby amended to read as follows:

    386.605  1.  On or before April 15 of each year, the governing body of each charter school shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:

    (a) Governor;

    (b) State board;

    (c) Department;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2665 (Chapter 522, SB 70)ê

 

    (d) Legislative committee on education created pursuant to NRS 218.5352; and

    (e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.

    2.  On or before April 15 of each year, the governing body of each charter school shall submit the information prepared by the governing body pursuant to paragraph [(q)] (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.

    3.  On or before June 15 of each year, the governing body of each charter school shall:

    (a) Prepare:

         (1) A separate written report summarizing the effectiveness of the charter school’s program of accountability . [during the school year.] The report must include:

             (I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based [;] and a review and analysis of any data that is more recent than the data upon which the report is based; and

             (II) The identification of any problems or factors at the charter school that are revealed by the review and analysis.

         (2) A written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.

    (b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:

         (1) Governor;

         (2) State board;

         (3) Department;

         (4) Legislative committee on education created pursuant to NRS 218.5352; and

         (5) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.

    4.  The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.

    5.  The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the charter school adopted [pursuant to NRS 354.598.] by the governing body of the charter school.

    6.  The legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2666 (Chapter 522, SB 70)ê

 

    Sec. 23.  NRS 389.015 is hereby amended to read as follows:

    389.015  1.  The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

    (a) Reading;

    (b) Writing;

    (c) Mathematics; and

    (d) Science.

    2.  The examinations required by subsection 1 must be:

    (a) Administered before the completion of grades 4, 8, 10 and 11.

    (b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.

    (c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.

    (d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.

    3.  Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of [public instruction] schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. [Not] Except as otherwise provided in this subsection, not more than [10] 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

    (a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

    (b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.

    4.  Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2667 (Chapter 522, SB 70)ê

 

private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board. During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

    5.  If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating [inadequate achievement] need for improvement pursuant to NRS 385.367 the pupil must, in accordance with the requirements set forth in this subsection, complete [a program of] remedial study [pursuant to NRS 385.389.] that is determined to be appropriate for the pupil.

    6.  If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

    7.  The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

    (a) To the extent necessary for administering and evaluating the examinations.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2668 (Chapter 522, SB 70)ê

 

    (b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer’s duties.

    (c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

    8.  The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.

    Sec. 23.5.  NRS 389.017 is hereby amended to read as follows:

    389.017  1.  The state board shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

    2.  The results of examinations [administered to all pupils] must be reported for each school, including, without limitation, each charter school, school district and this state as follows:

    (a) The average score , as defined by the department, of pupils [with disabilities for whom different standards of achievement are adopted or other] who took the examinations under regular testing conditions; and

    (b) The average score, as defined by the department, of pupils who took the examinations with modifications or accommodations [are made if :

         (1) The modifications or accommodations are] approved by the [publisher of the examination; and

         (2) Such] private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil . [;

    (b) The average score of pupils for whom different standards of achievement were not adopted or other modifications or accommodations were not made; and

    (c) The average score of all pupils who were tested, except for pupils with disabilities who took an examination pursuant to subsection 4 of NRS 389.015 with modifications or accommodations that are not approved by the publisher of the examination.]


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2669 (Chapter 522, SB 70)ê

 

    3.  The department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:

    (a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;

    (b) Are enrolled in special schools for children with disabilities;

    (c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school; or

    (d) Are detained in a:

         (1) Youth training center;

         (2) Youth center;

         (3) Juvenile forestry camp;

         (4) Detention home;

         (5) Youth camp;

         (6) Juvenile correctional institution; or

         (7) Correctional institution.

The scores reported pursuant to this subsection must not be included in the average scores reported pursuant to subsection 2.

    4.  Not later than 10 days after the department receives the results of the achievement and proficiency examinations, the department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

    5.  On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:

    (a) The examination administered;

    (b) The grade level or levels of pupils to whom the examination was administered;

    (c) The costs incurred by the school district or charter school in administering each examination; and

    (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.

    [4.] 6.  The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

    (a) His primary language is not English and his proficiency in the English language is below the [average proficiency of pupils at the same grade] level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board [;]  pursuant to subsection 8; or


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2670 (Chapter 522, SB 70)ê

 

of proficiency in the English language prescribed by the state board [;]  pursuant to subsection 8; or

    (b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

    [5.] 7.  In addition to the information required by subsection [3,] 5, the superintendent of public instruction shall:

    (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

    (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

    [6.] 8.  The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection [4.] 6.

    Sec. 24.  NRS 392.128 is hereby amended to read as follows:

    392.128  1.  Each advisory board to review school attendance created pursuant to NRS 392.126 shall:

    (a) Review the records of the rate of attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district pursuant to subsection [4] 6 of NRS 385.347;

    (b) Identify factors that contribute to the rate of truancy of pupils in the school district;

    (c) Establish programs to reduce the rate of truancy of pupils in the school district;

    (d) At least annually, evaluate the effectiveness of those programs;

    (e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants and the issuance of citations pursuant to NRS 392.142; and

    (f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.

    2.  An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the rate of truancy of pupils in the school district.

    Sec. 25.  Section 1 of Senate Bill No. 21 of this session is hereby amended to read as follows:

   Section 1.  NRS 389.015 is hereby amended to read as follows:

     389.015  1.  The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2671 (Chapter 522, SB 70)ê

 

examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

     (a) Reading;

     (b) Writing;

     (c) Mathematics; and

     (d) Science.

     2.  The examinations required by subsection 1 must be:

     (a) Administered before the completion of grades 4, 8, 10 and 11.

     (b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.

     (c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.

     (d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.

     3.  Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

     (a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

     (b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.

     4.  Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2672 (Chapter 522, SB 70)ê

 

that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board. During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

     5.  If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating need for improvement pursuant to NRS 385.367 the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

     6.  If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

     7.  The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2673 (Chapter 522, SB 70)ê

 

questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

     (a) To the extent necessary for administering and evaluating the examinations.

     (b) That a disclosure may be made to a [state] :

         (1) State officer who is a member of the executive or legislative branch to the extent that it is [related to] necessary for the performance of [that officer’s duties.] his duties;

         (2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;

         (3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and

         (4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.

     (c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

   8.  The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.

    Sec. 26.  1.  This section and section 23 of this act become effective upon passage and approval.

    2.  Sections 1 to 22, inclusive, 24 and 25 of this act become effective on July 1, 1999.

    3.  Section 23.5 of this act becomes effective at 12:01 a.m. on July 1, 1999.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2674ê

 

CHAPTER 523, SB 80

Senate Bill No. 80–Senator O’Donnell

 

CHAPTER 523

 

AN ACT relating to traffic laws; requiring that the signs designating the speed limit in a school zone or school crossing zone indicate the times during which the speed limit is in effect; providing for the designation of such times; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 484.366 is hereby amended to read as follows:

    484.366  1.  A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except:

    (a) On a day on which school is not in session;

    (b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation; [or]

    (c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect [.] ; or

    (d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

    2.  A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:

    (a) On a day on which school is not in session;

    (b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation; [or]

    (c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect [.] ; or

    (d) If the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect.

    3.  The governing body of a local government or the department of transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.

    4.  Each such governing body and the department shall provide signs to mark the beginning and end of each school zone and school crossing zone which it respectively designates. Each sign marking the beginning of such a zone must include a designation of the hours when the speed limit is in effect or that the speed limit is in effect when children are present.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2675 (Chapter 523, SB 80)ê

 

    5.  With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his designee, in conjunction with the department of transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.

    6.  As used in this section, “speed limit beacon” means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.

    Sec. 2.  NRS 268.425 is hereby amended to read as follows:

    268.425  The city council or other governing body of each incorporated city, whether incorporated by general or special act, shall cause to be displayed, in each school zone and school crossing zone where the city has posted a speed limit, signs or other devices designating the [hours of the day or night or both] times during which the speed limit in the zone is to apply.

    Sec. 3.  NRS 269.185 is hereby amended to read as follows:

    269.185  1.  In addition to the powers and jurisdiction conferred upon the town boards or boards of county commissioners by this chapter, such boards may:

    (a) Regulate traffic upon the streets and alleys of towns or cities governed by such boards pursuant to this chapter.

    (b) Regulate the speed, parking, stopping, turning and operation of all motor vehicles and other vehicles using the streets and alleys.

    (c) Pass and adopt all ordinances, rules and regulations, and do and perform all acts and things necessary for the execution of the powers and jurisdiction conferred by this section.

    2.  The town board or board of county commissioners shall cause to be displayed, in each school zone and school crossing zone where the county has posted a speed limit, signs or other devices designating the [hours of the day or night or both] times during which the speed limit in the zone is to apply.

    Sec. 4.  Notwithstanding the provisions of subsections 4 and 5 of NRS 484.366, as amended by this act, a sign which is in existence on October 1, 1999, to mark the beginning of a school zone or school crossing zone need not be replaced to comply with the provisions of NRS 484.366, as amended by this act, until the sign would have otherwise been replaced in the normal course of maintaining the sign.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2676ê

 

CHAPTER 524, SB 149

Senate Bill No. 149–Committee on Judiciary

 

CHAPTER 524

 

AN ACT relating to prisoners; making it unlawful for prisoners to commit certain acts involving human excrement or bodily fluid; requiring that prisoners who commit certain acts involving human excrement or bodily fluid be tested for communicable diseases; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 212 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 9, a prisoner who is in lawful custody or confinement, other than residential confinement, shall not knowingly:

    (a) Store or stockpile any human excrement or bodily fluid;

    (b) Sell, supply or provide any human excrement or bodily fluid to any other person;

    (c) Buy, receive or acquire any human excrement or bodily fluid from any other person; or

    (d) Use, propel, discharge, spread or conceal, or cause to be used, propelled, discharged, spread or concealed, any human excrement or bodily fluid:

         (1) With the intent to have the excrement or bodily fluid come into physical contact with any portion of the body of an officer or employee of a prison or any other person, whether or not such physical contact actually occurs; or

         (2) Under circumstances in which the excrement or bodily fluid is reasonably likely to come into physical contact with any portion of the body of an officer or employee of a prison or any other person, whether or not such physical contact actually occurs.

    2.  Except as otherwise provided in subsection 3, if a prisoner violates any provision of subsection 1, the prisoner is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

    3.  If a prisoner violates any provision of paragraph (d) of subsection 1 and, at the time of the offense, the prisoner knew that any portion of the excrement or bodily fluid involved in the offense contained a communicable disease that causes or is reasonably likely to cause substantial bodily harm, whether or not the communicable disease was transmitted to a victim as a result of the offense, the prisoner is guilty of a category A felony and shall be punished by imprisonment in the state prison:

    (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2677 (Chapter 524, SB 149)ê

 

    (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,

and may be further punished by a fine of not more than $50,000.

    4.  A sentence imposed upon a prisoner pursuant to subsection 2 or 3:

    (a) Is not subject to suspension or the granting of probation; and

    (b) Must run consecutively after the prisoner has served any sentences imposed upon him for the offense or offenses for which the prisoner was in lawful custody or confinement when he violated the provisions of subsection 1.

    5.  In addition to any other penalty, the court shall order a prisoner who violates any provision of paragraph (d) of subsection 1 to reimburse the appropriate person or governmental body for the cost of any examinations or testing:

    (a) Conducted pursuant to paragraphs (a) and (b) of subsection 7; or

    (b) Paid for pursuant to subparagraph (2) of paragraph (c) of subsection 7.

    6.  The warden, sheriff, administrator or other person responsible for administering a prison shall immediately and fully investigate any act described in subsection 1 that is reported or suspected to have been committed in the prison.

    7.  If there is probable cause to believe that an act described in paragraph (d) of subsection 1 has been committed in a prison:

    (a) Each prisoner believed to have committed the act or to have been the bodily source of any portion of the excrement or bodily fluid involved in the act must submit to any appropriate examinations and testing to determine whether each such prisoner has any communicable disease.

    (b) If possible, a sample of the excrement or bodily fluid involved in the act must be recovered and tested to determine whether any communicable disease is present in the excrement or bodily fluid.

    (c) If the excrement or bodily fluid involved in the act came into physical contact with any portion of the body of an officer or employee of a prison or any other person:

         (1) The results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be provided to each such officer, employee or other person; and

         (2) For each such officer or employee, the person or governmental body operating the prison where the act was committed shall pay for any appropriate examinations and testing requested by the officer or employee to determine whether a communicable disease was transmitted to him as a result of the act.

    (d) The results of the investigation conducted pursuant to subsection 6 and the results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be submitted to the district attorney of the county in which the act was committed or to the office of the attorney general for possible prosecution of each prisoner who committed the act.

    8.  If a prisoner is charged with committing an act described in paragraph (d) of subsection 1 and a victim or an intended victim of the act was an officer or employee of a prison, the prosecuting attorney shall not dismiss the charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2678 (Chapter 524, SB 149)ê

 

or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

    9.  The provisions of this section do not apply to a prisoner who commits an act described in subsection 1 if the act:

    (a) Is otherwise lawful and is authorized by the warden, sheriff, administrator or other person responsible for administering the prison, or his designee, and the prisoner performs the act in accordance with the directions or instructions given to him by that person;

    (b) Involves the discharge of human excrement or bodily fluid directly from the body of the prisoner and the discharge is the direct result of a temporary or permanent injury, disease or medical condition afflicting the prisoner that prevents the prisoner from having physical control over the discharge of his own excrement or bodily fluid; or

    (c) Constitutes voluntary sexual conduct with another person in violation of the provisions of NRS 212.187.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 525, SB 165

Senate Bill No. 165–Senator Amodei

 

CHAPTER 525

 

AN ACT relating to state government; creating the committee for public safety telecommunications operators in the department of motor vehicles and public safety; requiring agencies that employ persons as public safety telecommunications operators to require those persons to obtain certain certification and training; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 4, inclusive, of this act, “public safety telecommunications operator” means a person who operates a telecommunications system for emergencies and public safety.

    Sec. 3.  1.  The committee for public safety telecommunications operators is hereby created in the department.

    2.  The governor shall appoint to the committee nine members who possess knowledge, skill and experience in the fields of law enforcement, fire service, public safety telecommunications or highway safety as follows:

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

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

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

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

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

    (f) One member from any field set forth in paragraph (a), (b), (c) or (d).


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2679 (Chapter 525, SB 165)ê

 

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

    4.  Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

    Sec. 4.  1.  The committee for public safety telecommunications operators shall:

    (a) Meet at the call of the chairman, who must be elected by the members of the committee.

    (b) Provide for and encourage the training and education of public safety telecommunications operators.

    (c) Adopt minimum standards for the certification and training of public safety telecommunications operators.

    2.  The director may adopt regulations necessary for the operation of the committee.

    Sec. 5.  Notwithstanding the provisions of subsection 3 of section 3 of this act, as soon as practicable after June 1, 2000, the governor shall, pursuant to subsection 2 of section 3 of this act, appoint to the committee for public safety telecommunications operators:

    1.  Two members whose initial terms expire on June 30, 2001;

    2.  Four members whose initial terms expire on June 30, 2002; and

    3.  Three members whose initial terms expire on June 30, 2003.

    Sec. 6.  The committee for public safety telecommunications operators shall adopt the minimum standards required pursuant to paragraph (c) of subsection 1 of section 4 of this act before August 1, 2000.

    Sec. 7.  This act becomes effective on June 1, 2000.

________

 

CHAPTER 526, SB 242

Senate Bill No. 242–Committee on Human Resources and Facilities

 

CHAPTER 526

 

AN ACT relating to domestic relations; revising the provisions requiring the inclusion of social security numbers and certain other information in judgments of divorce and court orders for child support; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 125.130 is hereby amended to read as follows:

    125.130  1.  [The] A judgment or decree of divorce granted pursuant to the provisions of this chapter is a final decree.

    2.  Whenever a decree of divorce from the bonds of matrimony is granted in this state by a court of competent authority, the decree fully and completely dissolves the marriage contract as to both parties.

    3.  A court that grants a decree of divorce [granted] pursuant to the provisions of this section [must include] shall ensure that the social security numbers of both parties [.] are:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2680 (Chapter 526, SB 242)ê

 

    (a) Provided to the welfare division of the department of human resources.

    (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    4.  In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order embodied in its decree, change the name of the wife to any former name which she has legally borne.

    Sec. 2.  NRS 125.230 is hereby amended to read as follows:

    125.230  1.  The court in such actions may make such preliminary and final orders as it may deem proper for the custody, control and support of any minor child or children of the parties.

    2.  [An order made] A court that enters an order pursuant to subsection 1 for the support of any minor child or children [must include] shall ensure that the social security numbers of the parties [.] are:

    (a) Provided to the welfare division of the department of human resources.

    (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    Sec. 3.  NRS 125B.055 is hereby amended to read as follows:

    125B.055  1.  [Every court order for the support of a child issued or modified in this state on or after October 1, 1998, must include:

    (a) The names, dates of birth, social security numbers and driver’s license numbers of the parents of the child;

    (b) The name and social security number of the child;

    (c) The case identification number assigned by the court; and

    (d) Such other information as the welfare division of the department of human resources determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

    2.]  A court that, on or after October 1, 1998, issues or modifies an order in this state for the support of a child shall :

    (a) Obtain and provide to the welfare division of the department of human resources such information regarding the order as the welfare division determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

    [3.] (b) Ensure that the social security numbers of the child and the parents of the child are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    2.  Within 10 days after a court of this state issues an order for the support of a child, each party to the cause of action shall file with the court that issued the order and the welfare division:

    (a) His social security number;

    (b) His residential and mailing addresses;

    (c) His telephone number;

    (d) His driver’s license number; and

    (e) The name, address and telephone number of his employer.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2681 (Chapter 526, SB 242)ê

 

Each party shall update the information filed with the court and the welfare division pursuant to this subsection within 10 days after that information becomes inaccurate.

    [4.] 3.  The welfare division shall adopt regulations specifying the particular information required to be provided pursuant to [subsections 1 and 2] subsection 1 to carry out the provisions of 42 U.S.C. § 654a.

    Sec. 4.  NRS 125B.135 is hereby amended to read as follows:

    125B.135  If, after a court issues an order for the support of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if:

    1.  The party initiating the proceeding shows proof that diligent effort has been made to ascertain the location of the missing party; and

    2.  Written notice of the initiation of the proceeding has been mailed to the mailing address of the missing party or the address of the missing party’s employer as those addresses appear in the information required to be filed pursuant to subsection [3] 2 of NRS 125B.055.

    Sec. 5.  NRS 125B.140 is hereby amended to read as follows:

    125B.140  1.  Except as otherwise provided in chapter 130 of NRS and NRS 125B.012:

    (a) If an order issued by a court provides for payment for the support of a child, that order is a judgment by operation of law on or after the date a payment is due. Such a judgment may not be retroactively modified or adjusted and may be enforced in the same manner as other judgments of this state.

    (b) Payments for the support of a child pursuant to an order of a court which have not accrued at the time either party gives notice that he has filed a motion for modification or adjustment may be modified or adjusted by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification or adjustment.

    2.  Except as otherwise provided in subsection 3 and NRS 125B.012, 125B.142 and 125B.144:

    (a) Before execution for the enforcement of a judgment for the support of a child, the person seeking to enforce the judgment must send a notice by certified mail, restricted delivery, with return receipt requested, to the responsible parent:

         (1) Specifying the name of the court that issued the order for support and the date of its issuance;

         (2) Specifying the amount of arrearages accrued under the order;

         (3) Stating that the arrearages will be enforced as a judgment; and

         (4) Explaining that the responsible parent may, within 20 days after the notice is sent, ask for a hearing before a court of this state concerning the amount of the arrearages.

    (b) The matters to be adjudicated at such a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court issuing the order. At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.

    (c) The court shall determine and include in its order:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2682 (Chapter 526, SB 242)ê

 

         (1) Interest upon the arrearages at a rate established pursuant to NRS 99.040, from the time each amount became due; and

         (2) A reasonable attorney’s fee for the proceeding,

unless the court finds that the responsible parent would experience an undue hardship if required to pay such amounts. Interest continues to accrue on the amount ordered until it is paid, and additional attorney’s fees must be allowed if required for collection.

    (d) The court shall [include in its order] ensure that the social security number of the responsible parent [.] is:

         (1) Provided to the welfare division of the department of human resources.

         (2) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    3.  Subsection 2 does not apply to the enforcement of a judgment for arrearages if the amount of the judgment has been determined by any court.

    Sec. 6.  NRS 425.3828 is hereby amended to read as follows:

    425.3828  1.  If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.

    2.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall [include] :

    (a) Include in that recommendation:

    [(a)] (1) If the paternity of the dependent child is established by the recommendation, a declaration of that fact.

    [(b)] (2) The amount of monthly support to be paid, including directions concerning the manner of payment.

    [(c)] (3) The amount of arrearages owed.

    [(d)] (4) Whether coverage for health care must be provided for the dependent child.

    [(e)] (5) Any requirements to be imposed pursuant to subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

    [(f)] (6) The names [and social security numbers] of the parents or legal guardians of the child.

    [(g)] (7) The name [and social security number] of the person to whom, and the name and date of birth of the dependent child for whom support is to be paid.

    [(h)] (8) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

    [(i)] (9) A statement that objections to the recommendation may be filed with the district court and served upon the other party within 10 days after receipt of the recommendation.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2683 (Chapter 526, SB 242)ê

 

    (b) Ensure that the social security numbers of the parents or legal guardians of the child and the person to whom support is to be paid are:

         (1) Provided to the enforcing authority.

         (2) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    3.  The parent must be sent a copy of the recommendation for the support of a dependent child by regular mail addressed to the last known address of the parent, or if applicable, the last known address of the attorney for the parent.

    4.  The recommendation for the support of a dependent child is final upon approval by the district court pursuant to NRS 425.3844. The chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

    5.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the master enters a recommendation for the support of a dependent child, the court may grant relief from the recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.

    Sec. 7.  NRS 425.3844 is hereby amended to read as follows:

    425.3844  1.  A recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, must be furnished to each party or his attorney at the conclusion of the proceedings or as soon thereafter as possible.

    2.  Within 10 days after receipt of the recommendation, any party may file with the district court and serve upon the other parties a notice of objection to the recommendation. The notice must include:

    (a) A copy of the master’s recommendation;

    (b) The results of any blood tests or tests for genetic identification examined by the master;

    (c) A concise statement setting forth the reasons that the party disagrees with the master’s recommendation, including any affirmative defenses that must be pleaded pursuant to the Nevada Rules of Civil Procedure;

    (d) A statement of the relief requested;

    (e) The notice and finding of financial responsibility if the chief issued such a notice and finding; and

    (f) Any other relevant documents.

    3.  The district court shall:

    (a) If a notice of objection is not filed, accept the recommendation entered by the master, including a recommendation establishing paternity, unless clearly erroneous, and judgment may be entered thereon; or

    (b) If a notice of objection is filed within the 10-day period, review the matter pursuant to NRS 425.3834.

    4.  A party who receives a notice of objection pursuant to subsection 2 is not required to file an answer to that notice. The district court shall review each objection contained in the notice.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2684 (Chapter 526, SB 242)ê

 

    5.  If a notice of objection includes an objection to a recommendation establishing paternity, the enforcement of any obligation for the support of the child recommended by the master must, upon the filing and service of the notice, be stayed until the district court rules upon the determination of paternity. The obligation for the support of the child continues to accrue during the consideration of the determination of paternity and must be collected as arrears after the completion of the trial if the court approves the recommendation of the master.

    6.  If a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, modifies or adjusts a previous order for support issued by any district court in this state, that district court shall review the recommendation and approve or reject the recommendation issued by the master.

    7.  Upon approval by the district court of a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, a copy of the recommendation, with the approval of the court endorsed thereon, must be filed:

    (a) In the office of the clerk of the district court;

    (b) If the order of the district court approving the recommendation of the master modifies or adjusts a previous order issued by any district court in this state, with the original order in the office of the clerk of that district court; and

    (c) With any court that conducts a proceeding related thereto pursuant to the provisions of chapter 130 of NRS.

    8.  [If a recommendation that is approved by a] A district court that approves a recommendation pursuant to this section [does not contain] shall ensure that, before the recommendation is filed pursuant to subsection 7, the social security numbers of the parents or legal guardians of the child [, the court shall include those numbers on the recommendation before it is filed pursuant to subsection 7.] are:

    (a) Provided to the enforcing authority.

    (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    9.  Upon the approval and filing of the recommendation as provided in subsection 7, the recommendation has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.

    Sec. 8.  NRS 425.3855 is hereby amended to read as follows:

    425.3855  [An order entered by a] A district court that enters an order pursuant to NRS 425.382 to 425.3852, inclusive, or an order approving a recommendation for the support of a dependent child made by a master [or an order entered by a district court pursuant to NRS 425.382 to 425.3852, inclusive, must contain] shall ensure that the social security numbers of the parents or legal guardians of the child [.] are:

    1.  Provided to the enforcing authority.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2685 (Chapter 526, SB 242)ê

 

    2.  Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    Sec. 9.  NRS 432B.560 is hereby amended to read as follows:

    432B.560  1.  The court may also order:

    (a) The child, a parent or the guardian to undergo such medical, psychiatric, psychologic or other care or treatment as the court considers to be in the best interests of the child.

    (b) A parent or guardian to refrain from:

         (1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or the person given physical custody of the child; and

         (2) Visiting the child if the court determines that the visitation is not in the best interest of the child.

    (c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of his parents.

    2.  The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:

    (a) [Contain the social security number of the parent or guardian who is the subject of the order;

    (b)] Require that payments be made to the appropriate agency or office;

    [(c)] (b) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and

    [(d)] (c) Provide for the immediate withholding of income for the payment of support unless:

         (1) All parties enter into an alternative written agreement; or

         (2) One party demonstrates and the court finds good cause to postpone the withholding.

    3.  A court that enters an order pursuant to subsection 2 shall ensure that the social security number of the parent or guardian who is the subject of the order is:

    (a) Provided to the welfare division of the department of human resources.

    (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    Sec. 10.  Section 2 of Senate Bill No. 352 of this session is hereby amended to read as follows:

   Sec. 2.  NRS 425.3855 is hereby amended to read as follows:

   425.3855  A district court that enters an order pursuant to NRS 425.382 to 425.3852, inclusive, and section 1 of this act, or an order approving a recommendation for the support of a dependent child made by a master shall ensure that any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2686 (Chapter 526, SB 242)ê

 

has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:

   1.  Provided to the enforcing authority.

   2.  Filed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    Sec. 11.  This act becomes effective upon passage and approval.

________

 

CHAPTER 527, SB 322

Senate Bill No. 322–Senator Schneider

 

CHAPTER 527

 

AN ACT relating to time shares; requiring a person who resells a time share to disclose certain facts to a purchaser; requiring certain persons who resell time shares to register as time share resale brokers; requiring the disclosure of certain facts in an agreement between an owner and a person who resells a time share; requiring a time share resale broker to place certain advance fees in a trust account until the sale of the time share or the expiration of the listing; requiring the real estate division of the department of business and industry to review the advertising of a time share being offered for resale; requiring a filing fee; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

    Sec. 2.  “Time share resale” means the sale or transfer of a time share that was previously sold to a purchaser.

    Sec. 3.  “Time share resale broker” means a person who is registered as a time share resale broker pursuant to the provisions of this chapter.

    Sec. 4.  1.  An agreement for a time share resale entered into by an owner and a person who resells a time share must:

    (a) Be in writing; and

    (b) Contain a disclosure that sets forth:

         (1) Whether any person other than the purchaser may use the time share during the period before the time share is resold;

         (2) Whether any person other than the purchaser may rent the use of the time share during the period before the time share is resold;

         (3) The name of any person who will receive any rents or profits generated from the use of the time share during the period before the time share is resold; and

         (4) A detailed description of any relationship between the person who resells the time share and any other person who receives any benefit from the use of the time share.

    2.  A person who resells a time share shall provide a fully executed copy of the written agreement described in subsection 1 to the owner on the date that the owner signs the agreement.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2687 (Chapter 527, SB 322)ê

 

    3.  A person who resells a time share shall make the disclosures required pursuant to paragraph (b) of subsection 1 before accepting anything of value from the owner.

    Sec. 5.  1.  Before a purchaser signs any contract to purchase a time share that is offered for resale, the person who is reselling the time share shall disclose by a written document separate from the contract to purchase a time share:

    (a) The period during which the purchaser may use the time share;

    (b) A legal description of the interest in the time share;

    (c) The earliest date that the prospective purchaser may use the time share;

    (d) The name, address and telephone number of the agent managing the time-share project;

    (e) The place where the documents of formation of the association and documents governing the time-share project may be obtained;

    (f) The amount of the annual assessment of the association of the time share for the current fiscal year, if any;

    (g) Whether all assessments against the time share are paid in full, and the consequences of failure to pay any assessment;

    (h) Whether participation in any program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share properties is mandatory; and

    (i) Any other information required to be disclosed pursuant to the regulations adopted by the administrator pursuant to subsection 2.

    2.  The administrator shall adopt regulations prescribing the form and contents of the disclosure statement described in this section.

    Sec. 6.  1.  A person who wishes to list, advertise for resale, solicit prospective purchasers of, promote or resell 12 or more time shares that were previously sold must:

    (a) Be licensed as a real estate broker pursuant to the provisions of chapter 645 of NRS; and

    (b) Register as a time share resale broker with the division by completing a form for registration provided by the division.

    2.  A time share resale broker shall renew his registration with the division annually on a form provided by the division.

    3.  Unless the method of resales of time shares is made to evade the provisions of this chapter, a person is not required to register as a time share resale broker if the person:

    (a) Has acquired fewer than 12 time shares and who later resells or offers to resell one or more of those time shares; or

    (b) Is a project broker who resells or offers to resell a time share in a project as an agent for a developer who holds a permit for the project.

    Sec. 7.  In addition to the provisions of NRS 645.322, 645.323 and 645.324, a time share resale broker who charges or collects an advance fee shall place 80 percent of that fee into his trust account. If the time share resale broker closes escrow on the time share resale, he shall be deemed to have earned the advance fee. If the listing of the time share expires before the time share resale broker closes escrow on the time share resale, he must return the money held in the trust account to the owner of the time share within 10 days after the date of the expiration of the listing.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2688 (Chapter 527, SB 322)ê

 

must return the money held in the trust account to the owner of the time share within 10 days after the date of the expiration of the listing.

    Sec. 8.  1.  A time share must not be advertised or offered for resale within this state until the advertisement or offering is approved by the division.

    2.  Each advertisement must contain the processing number assigned to it by the division.

    3.  Each application for the approval of advertising must include:

    (a) The form and content of advertising to be used;

    (b) The nature of the offer of gifts or other free benefits to be extended; and

    (c) The nature of promotional meetings involving any person or act described in NRS 119A.300.

    4.  The division shall render a decision upon an application for the approval of advertising or an offer for resale within 30 days after the date the application is filed.

    Sec. 9.  NRS 119A.010 is hereby amended to read as follows:

    119A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119A.020 to 119A.160, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 10.  NRS 119A.680 is hereby amended to read as follows:

    119A.680  1.  It is unlawful for any person to engage in the business of, act in the capacity of, advertise or assume to act as a:

    (a) Project broker or sales agent within the State of Nevada without first obtaining a license from the division pursuant to chapter 645 of NRS or NRS 119A.210.

    (b) Representative or time share resale broker within the State of Nevada without first registering with the division.

    2.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

    Sec. 11.  The amendatory provisions of this act do not apply to offenses that were committed before July 1, 1999.

    Sec. 12.  This act becomes effective on July 1, 1999.

________

 


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2689ê

 

CHAPTER 528, SB 363

Senate Bill No. 363–Senator Titus

 

CHAPTER 528

 

AN ACT relating to hazardous materials; providing incentives for the voluntary removal or rendering harmless of environmental contamination; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Administrator” means the administrator of the division.

    Sec. 3.5.  “Commission” means the state environmental commission.

    Sec. 4.  “Division” means the division of environmental protection of the state department of conservation and natural resources.

    Sec. 5.  “Eligible property” means real property located in this state that:

    1.  Except as otherwise provided in section 11.5 of this act, is not:

    (a) Listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations; and

    (b) Owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Federal Government pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq.;

    2.  Is not owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the division with respect to that real property; and

    3.  Contains the site or probable site of a release of a hazardous substance.

    Sec. 6.  “Hazardous substance” means a substance or combination of substances whose presence gives rise to liability or potential liability on the part of an owner or operator pursuant to NRS 459.537 or 42 U.S.C. § 9607(a).

    Sec. 7.  “Participant” means a person whose application to participate in the program has been approved by the administrator.

    Sec. 8.  “Program” means voluntary cleanup and relief from liability pursuant to sections 2 to 23, inclusive, of this act.

    Sec. 9.  “Prospective purchaser” means a person who is not a responsible party and who has entered into a contract, or holds an option, to purchase an eligible property for its fair market value in a transaction at arm’s length.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2690 (Chapter 528, SB 363)ê

 

    Sec. 10.  “Remedial agreement” means an agreement between a participant and the division specifying the action to be taken to remove or remedy hazardous substances present on an eligible property.

    Sec. 11.  “Responsible party” means:

    1.  A current or former owner or operator of a site or facility who caused or contributed to the release of a hazardous substance at the site or facility; and

    2.  A generator or transporter of a hazardous substance who caused or contributed to the release of the hazardous substance at a site or facility.

    Sec. 11.5.  Real property located in this state that is listed, proposed for listing or eligible for listing on the National Priorities List contained in Appendix B of Part 300 of Title 40 of the Code of Federal Regulations or that is owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action by the Federal Government pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq., shall be deemed to be eligible property if:

    1.  The property satisfies the elements of the definition of eligible property set forth in subsections 2 and 3 of section 5 of this act; and

    2.  The reason for which the property was listed or is proposed or eligible for listing on the National Priorities List or for the investigation or enforcement action by the Federal Government is unrelated to the hazardous substance that a participant intends to remove from or remediate on the property pursuant to a remedial agreement submitted pursuant to section 13 of this act.

    Sec. 12.  1.  A responsible party with respect to an eligible property, or a prospective purchaser of an eligible property may apply to participate in the program. The application must be made to the administrator in writing and must include:

    (a) An environmental assessment of the property, including the source, nature and location of all hazardous substances known to, or reasonably believed by, the applicant to be located on the property;

    (b) A proposed general plan for removal or remediation on the property; and

    (c) The application fee and any other information required pursuant to the regulations adopted by the commission pursuant to section 22.5 of this act.

    2.  The administrator shall approve or deny an application made pursuant to subsection 1 within 60 days after its submission, unless for good cause he extends the period for not more than an additional 30 days. Notice of an extension must be delivered to the applicant before the expiration of the original period for processing the application.

    3.  If the administrator denies an application, he shall deliver to the applicant, within 30 days after the denial, a written explanation of the reasons for denial.

    Sec. 13.  1.  After an application is approved, the participant shall submit a remedial agreement to the administrator for his approval.

    2.  The administrator shall approve a remedial agreement only if:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2691 (Chapter 528, SB 363)ê

 

    (a) The agreement:

         (1) Provides for the recovery by the division of all direct and indirect costs, in excess of the application fee, of overseeing and supervising the removal or remediation of the hazardous substance or substances on the property;

         (2) Specifies the substance to be removed from or remediated on the property, the actions to be taken and the standards to be met with respect to removal or remediation, and the uses for which the property will not be suitable after the removal or remediation is carried out; and

         (3) Includes a grant to the administrator of an irrevocable easement or right of entry onto the property to oversee and observe the work during and after the removal or remediation;

    (b) The removal or remediation of the hazardous substance or substances will:

         (1) Restore the property to the condition to which it would be restored if the division caused action to be taken pursuant to NRS 459.537;

         (2) Not cause, contribute to or worsen any release or threatened release of a hazardous substance on the property;

         (3) Adequately protect human health and the environment; and

         (4) Comply with any applicable regulations adopted by the commission pursuant to section 22.5 of this act; and

    (c) The participant is financially capable of undertaking the removal or remediation of the hazardous substance or substances.

    3.  If the participant is not the owner of the property, the administrator shall not approve a remedial agreement unless the owner first agrees to the terms of the agreement.

    4.  Before approving a remedial agreement, the administrator shall:

    (a) Publish a notice and brief summary of the agreement in a newspaper of general circulation in the county where the property is located;

    (b) Make reasonable efforts to provide personal notice to all responsible parties known to him and to all owners and residents of property within 500 yards of the outer boundary of the property on which the work is to be performed;

    (c) Provide 30 days for the submission of written comments; and

    (d) Hold a public hearing in the county where the property is located.

    5.  If the administrator disapproves a proposed remedial agreement, he shall deliver to the participant, within 30 days after the disapproval, a written explanation of the reasons for the disapproval.

    Sec. 14.  1.  After a participant has completed the action specified in his remedial agreement for the removal or remediation of hazardous substances, the participant shall certify to the administrator that the action has been completed according to the agreement. After the administrator has verified the certification, he shall issue the participant a certificate of completion.

    2.  A certificate of completion must:

    (a) Contain the name of the participant and of any other person relieved from liability by the certificate and the legal description of the property to which it relates;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2692 (Chapter 528, SB 363)ê

 

    (b) Summarize the nature of the removal or remediation performed on the property, and the nature of the relief provided by sections 2 to 23, inclusive, of this act; and

    (c) Be recorded by the administrator in the office of the county recorder of the county where the real property is located, and indexed to show its relation to that real property.

    3.  If the administrator does not issue a certificate of completion after receiving the participant’s certification that the work has been completed, he shall deliver to the participant, within 30 days after his receipt of the certificate, a written explanation of the reasons why the certificate was not issued.

    Sec. 15.  1.  Except as otherwise provided in section 16 of this act, the holder of a certificate of completion issued by the administrator is not a responsible party with respect to a release of a hazardous substance occurring on the property to which the certificate relates before the certificate was issued. The state may not maintain an action pursuant to federal law or NRS 459.537 to recover costs from the holder with respect to such a release.

    2.  The relief from liability provided by a certificate of completion remains effective despite a subsequent change in state or federal law.

    Sec. 16.  The holder of a certificate of completion is not released from liability:

    1.  If he obtained approval of his application, approval of his remedial agreement or issuance of the certificate by means of fraud, misrepresentation or a knowing failure to disclose material information;

    2.  If the existence of the hazardous substance on the property was not disclosed in his remedial agreement, whether or not he knew or should have known of its existence;

    3.  With respect to a release of a hazardous substance caused by him or his agent, unless the release is remedied before the certificate of completion is issued and is included in the certificate of completion;

    4.  In a criminal prosecution or an action for damage to a natural resource;

    5.  In an action for nuisance at common law, for trespass or for the conduct of an abnormally dangerous activity;

    6.  With respect to a use of the property for which the property is no longer suitable after the removal or remediation has been carried out, as identified pursuant to subparagraph (2) of paragraph (a) of subsection 2 of section 13 of this act; or

    7.  For a release of any hazardous substance not specified in the remedial agreement.

    Sec. 17.  1.  The relief from liability provided by section 15 of this act extends to another person who:

    (a) Purchases or leases the property to which the certificate of completion relates; or


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2693 (Chapter 528, SB 363)ê

 

    (b) Acquires, merges with or purchases substantially all of the assets of the holder of the certificate,

after the certificate is issued, if the other person is not otherwise a responsible party. The other person is subject to any duties of the original holder of the certificate under the remedial agreement or the certificate.

    2.  The relief provided to a subsequent owner or lessee continues even if it is determined that the original holder of the certificate is not released from liability because of a provision of section 16 of this act if:

    (a) The subsequent owner or lessee purchased or leased the property in good faith for its fair market value; and

    (b) The actions of the original holder of the certificate cannot be attributed to the subsequent owner or lessee under a provision of law other than this chapter.

    3.  If the original holder of a certificate of completion is a prospective purchaser, the relief from liability provided by section 15 of this act extends to the person from whom he purchases the property if:

    (a) The seller and purchaser so agree;

    (b) The seller bears the expense of removal or remediation performed on the property, directly or indirectly;

    (c) The seller is a responsible party only because of his ownership of the property; and

    (d) The administrator approves the extension of relief and incorporates it into the certificate of completion.

    Sec. 18.  1.  A person who, without participating in the management of a parcel of real property, holds or is the beneficiary of evidence of title to the property primarily to protect a security interest in the property is not a responsible party with respect to a release of a hazardous substance on the property if:

    (a) The owner of the property is relieved from liability under sections 2 to 23, inclusive, of this act with respect to the release;

    (b) The owner or holder of evidence of title did not cause the release; and

    (c) The owner or holder of evidence of title does not participate actively in decisions concerning hazardous substances on the property.

    2.  A lender to a prospective purchaser who has filed an application to participate in the program pursuant to section 12 of this act or a lender who forecloses his security interest in property pursuant to NRS 40.430 to 40.450, inclusive, or 107.080 to 107.100, inclusive, and within a reasonable period after the foreclosure, not to exceed 2 years, sells, transfers or conveys the property to a prospective purchaser who has filed an application to participate in the program pursuant to section 12 of this act is not a responsible party solely as a result of:

    (a) Foreclosing a security interest in the property; or

    (b) Making a loan to the prospective purchaser if the loan:

         (1) Is to be used for acquiring property or removing or remediating hazardous substances on property; and

         (2) Is secured by the property that is to be acquired or on which is located the hazardous substances that are to be removed or remediated.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2694 (Chapter 528, SB 363)ê

 

    Sec. 19.  A prospective purchaser is not a responsible party solely as the result of:

    1.  Conducting an environmental assessment of real property;

    2.  Contracting to purchase, or acquiring an option to purchase, real property;

    3.  Applying to participate in a program; or

    4.  Conducting or supervising removal or remediation of a hazardous substance or substances, while exercising reasonable care, pursuant to an approved remedial agreement.

    Sec. 20.  1.  The holder of a certificate of completion may maintain an action against a responsible party to recover the holder’s costs of performing removal or remediation of a hazardous substance or substances pursuant to a program.

    2.  If the holder is a prospective purchaser and his seller qualifies for relief from liability pursuant to section 17 of this act, the seller may maintain an action against a responsible party to recover the seller’s costs of performing removal or remediation of a hazardous substance or substances pursuant to a program.

    Sec. 21.  1.  A participant may terminate his participation in a program upon 30 days’ written notice to the administrator.

    2.  The administrator may terminate the participation of a participant in a program only if:

    (a) The participant, after a reasonable period, has not proposed and is unlikely to be able to propose a remedial agreement that meets the requirements of section 13 of this act;

    (b) The participant fails materially to comply with the requirements of the remedial agreement or sections 2 to 23, inclusive, of this act; or

    (c) From information not known to the administrator when the remedial agreement was approved, he determines that the removal or remediation in progress or to be performed on the property poses an imminent and substantial threat of harm to human health or the environment.

    3.  An application, remedial agreement or certificate of completion is not an admission of liability on the part of the applicant or participant, but a termination of participation does not otherwise affect the rights of the division.

    Sec. 22.  1.  A decision of the administrator to approve an application or a remedial agreement or to issue a certificate of completion is final and may not be reviewed.

    2.  If the administrator denies an application for any reason other than incompleteness, disapproves a proposed remedial agreement, does not issue a certificate of completion within the time allowed or terminates the participation of a participant in a program, the applicant or participant may apply to the commission to review the decision pursuant to chapter 233B of NRS.

    Sec. 22.5.  The commission shall adopt such regulations as the commission determines are necessary to carry out the provisions of sections 2 to 23, inclusive, of this act. Regulations adopted pursuant to this section:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2695 (Chapter 528, SB 363)ê

 

    1.  Must include, without limitation, provisions relating to the:

    (a) Duties and functions of consultants who are certified, or exempt from the requirement of certification, as provided by NRS 459.500;

    (b) Financial capability and responsibility required of a participant; and

    (c) Required form and content of and any fee required to be submitted with an application, certificate or remedial agreement.

    2.  May include, without limitation, provisions relating to the issuance of a temporary, interim or partial certificate of completion or progress with respect to a remedial agreement.

    Sec. 23.  The administrator shall make a good faith effort to negotiate with the Environmental Protection Agency to ensure that a certificate of completion issued pursuant to sections 2 to 23, inclusive, of this act will relieve a participant from liability to the United States to the same extent as those sections provide relief from liability to this state.

    Sec. 23.5.  NRS 459.530 is hereby amended to read as follows:

    459.530  1.  All proceeds from agreements entered into pursuant to NRS 459.505, all application fees collected pursuant to section 12 of this act, all reimbursements and penalties recovered pursuant to NRS 459.537, and all fees collected, all civil penalties imposed and all interest accrued pursuant to NRS 459.400 to 459.600, inclusive, must be deposited with the state treasurer for credit to the account for the management of hazardous waste, which is hereby created in the state general fund. The money in the account must be paid as other claims against the state are paid.

    2.  The state treasurer shall account separately for each of the fees collected pursuant to NRS 459.512.

    Sec. 24.  NRS 459.537 is hereby amended to read as follows:

    459.537  1.  If the person responsible for a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the account for the management of hazardous waste may be expended to pay the costs of:

    (a) Responding to the leak, spill or accident;

    (b) Coordinating the efforts of state, local and federal agencies responding to the leak, spill or accident;

    (c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of the leak, spill or accident;

    (d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

    (e) Services rendered in responding to the leak, spill or accident, by consultants certified pursuant to regulations adopted by the commission.

    2.  Except as otherwise provided in this subsection [,] or sections 2 to 23, inclusive, of this act, the director shall demand reimbursement of the account for money expended pursuant to subsection 1 from any person who is responsible for the accident, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 60 days after the person receives notice from the director of the amount due.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2696 (Chapter 528, SB 363)ê

 

director of the amount due. The provisions of this section do not apply to a spill or leak of or an accident involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.

    3.  At the request of the director, the attorney general shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.

    4.  As used in this section:

    (a) “Does not act promptly and appropriately” means that the person:

         (1) Cannot be notified of the incident within 2 hours after the initial attempt to contact him;

         (2) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

         (3) Does not act upon the commitment within 24 hours after making it;

         (4) Does not clean and decontaminate the affected area properly; or

         (5) Does not act immediately to clean and decontaminate the affected area properly, if his inaction presents an imminent and substantial hazard to human health, public safety or the environment.

    (b) “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:

         (1) Contain and dispose of the hazardous waste, hazardous material or regulated substance.

         (2) Clean and decontaminate the area affected by the leak, spill or accident.

         (3) Investigate the occurrence of the leak, spill or accident.

    Sec. 25.  1.  This section and sections 1, 22.5 and 23 of this act become effective upon passage and approval.

    2.  Sections 2 to 22, inclusive, 23.5 and 24 of this act become effective on October 1, 1999.

________

 

CHAPTER 529, SB 432

Senate Bill No. 432–Senator Porter

 

CHAPTER 529

 

AN ACT relating to air pollution; directing the Legislative Commission to conduct an interim study of certain air quality control programs; setting forth the purpose and duties of the subcommittee of the Legislative Commission; establishing an advisory committee; directing the Department of Motor Vehicles and Public Safety to implement certain programs of air quality control; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

    Whereas, The legislature finds and declares that a general law cannot be made applicable for the provisions of this act because of the unusual patterns of growth in certain local governments of this state, the need to identify and evaluate the environmental needs of certain counties that have arisen as a result of the growth experienced by those counties and the special conditions experienced in certain counties related to the need to monitor and control air quality; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2697 (Chapter 529, SB 432)ê

 

result of the growth experienced by those counties and the special conditions experienced in certain counties related to the need to monitor and control air quality; and

    Whereas, The Southern Nevada Strategic Planning Authority was created by Senate Bill No. 383 of the 69th session of the Nevada Legislature; and

    Whereas, The Southern Nevada Strategic Planning Authority submitted a final report to the 70th session of the Nevada Legislature which establishes a set of goals and objectives that address twelve areas which are highly impacted by growth in the Las Vegas Valley; and

    Whereas, Support and implementation of the air quality and environmental strategies contained within the final report of the Southern Nevada Strategic Planning Authority are significant to the area of Las Vegas that will not attain the federal standards for air pollution caused by carbon monoxide and particulate matter; and

    Whereas, While Clark County currently attains the federal standards for air pollution caused by ozone, based upon 11 observations of Clark County exceeding requirements in 1998, it is expected that Clark County will not attain the federal standards for air pollution caused by ozone within the next 3 years; and

    Whereas, The federal standards for carbon monoxide, particulate matter and ozone cannot be attained and maintained within the Las Vegas Valley without the adoption and implementation of additional or improved strategies to control emissions, or both; and

    Whereas, The failure to attain the standard for carbon monoxide by December 31, 2000, may result in the loss of federal money; and

    Whereas, With the exception of heavy-duty motor vehicles, most motorized vehicles registered in the Las Vegas Valley are required to have an annual emission test as part of an inspection and maintenance program; and

    Whereas, According to the Department of Motor Vehicles and Public Safety, in 1996, diesel‑powered vehicles accounted for less than 2 percent of the vehicles registered in the Las Vegas Valley, yet the Department of Comprehensive Planning in Clark County estimates that diesel-powered vehicles produce substantial amounts of nitrogen oxides, particulate matter and sulfur dioxides that are emitted directly into the air from on-road and nonroad mobile sources; and

    Whereas, The Carbon Monoxide Air Quality Implementation Plan of 1995 from Clark County identifies gasoline-powered motor vehicles as the primary source of emissions of carbon monoxide within the Las Vegas Valley; and

    Whereas, The provisions of NRS 445B.798 authorize the Department of Motor Vehicles and Public Safety to conduct a test of the emissions from a motor vehicle that is being operated on a highway in certain counties; and

    Whereas, The Department agreed to begin conducting tests of the emissions from 50 percent of the motor vehicles in the Las Vegas Valley in the beginning of 2001, and to conduct tests of the emissions from 90 percent of the motor vehicles in the Las Vegas Valley by the end of 2001; and


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2698 (Chapter 529, SB 432)ê

 

    Whereas, The provisions of NRS 445B.830 establish the pollution control account for the express purpose of providing money to the Department of Motor Vehicles and Public Safety, and to agencies in nonattainment or maintenance areas for carbon monoxide, for programs related to the improvement of the quality of air; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  The Legislative Commission shall appoint a subcommittee consisting of three Senators and three Assemblymen to conduct an interim study concerning the programs for air quality control in Clark County.

    2.  In addition to the legislators, the Legislative Commission shall appoint an advisory committee to assist the subcommittee consisting of:

    (a) One member appointed by the Board of County Commissioners of Clark County, who shall serve as Chairman of the Committee;

    (b) One member appointed by the Board of County Commissioners of Clark County to represent the fuel industry;

    (c) Two members appointed by the Board of County Commissioners of Clark County to represent environmental concerns;

    (d) One member appointed by the Board of County Commissioners of Clark County to represent the Nevada Contractors Association;

    (e) One member appointed by the Regional Transportation Commission of Clark County;

    (f) One member appointed by the Board of Trustees of the Clark County School District;

    (g) One member appointed by the Board of Health of Clark County;

    (h) One member appointed by the Nevada League of Cities;

    (i) One member appointed by the Las Vegas Chapter of the Associated General Contractors of America;

    (j) One member appointed by the Southern Nevada Chapter of the Associated Builders and Contractors;

    (k) One member appointed by the Nevada Motor Transport Association;

    (l) One member appointed by the Southern Nevada Home Builders Association;

    (m) The Director of the Department of Motor Vehicles and Public Safety or his designee;

    (n) The Director of the Nevada Department of Transportation or his designee; and

    (o) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources or his designee.

    3.  The subcommittee of the Legislative Commission shall:

    (a) Contract with a qualified, independent consultant to conduct a study of the air quality in Clark County and negotiate the terms of the contract;

    (b) Establish the scope of the study; and

    (c) Ensure that the consultant is adhering to the scope of the study and will complete the study on time by requiring progress reports from the consultant and establishing a schedule for completion of the study.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2699 (Chapter 529, SB 432)ê

 

    Sec. 2.  1.  The study of the air quality in Clark County conducted by the consultant pursuant to section 1 of this act must include, without limitation, an analysis of and recommendations concerning:

    (a) Existing programs related to air quality in Clark County and methods for improving the efficiency of such programs;

    (b) Programs that may be required in the future to meet standards pertaining to particulates, carbon monoxide, ozone and regional haze and visibility, including, without limitation, programs for the inspection of heavy-duty motor vehicles that are powered by diesel fuel, programs for the inspection and maintenance of light-duty motor vehicles, programs to manage urban haze and visibility, programs that involve the use of alternative fuels, remote sensing or alternative transportation, and estimates of the potential effectiveness of such programs;

    (c) Current and future funding requirements of programs related to air quality, sources of funding for such programs and methods of determining adequate levels of funding for such programs; and

    (d) The roles of state and local governmental agencies and the private sector in addressing air quality issues in Clark County, including, without limitation, recommendations concerning an institutional structure that will effectively address air quality issues in the Las Vegas Valley.

    2.  The consultant shall consider, when analyzing and making recommendations concerning a program related to air quality in Clark County:

    (a) The cost-effectiveness of the program by comparing it with other programs related to air quality; and

    (b) Whether the program is technologically feasible based on evidence relating to the availability, effectiveness, reliability and safety of any proposed technology that may be used in the program.

    3.  On or before June 30, 2000, the consultant shall submit a written report of the study to the subcommittee of the Legislative Commission.

    4.  On or before October 15, 2000, the subcommittee shall review the report submitted pursuant to subsection 3. Any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Assembly appointed to the subcommittee and a majority of the members of the Senate appointed to the subcommittee. The Legislative Commission shall submit its findings and recommendations for legislation to the 71st session of the Nevada Legislature.

    Sec. 3.  1.  In consultation with the State Environmental Commission and local air pollution control agencies, the Department of Motor Vehicles and Public Safety shall ensure the expedient implementation of an improved program to determine whether a motor vehicle that uses diesel fuel complies with controls over emissions.

    2.  As soon as the equipment that is necessary becomes available, the Department of Motor Vehicles and Public Safety shall begin conducting roadside tests of the emissions from motor vehicles that are operated on highways in a county whose population is 400,000 or more to determine whether the vehicles comply with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted thereto.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2700 (Chapter 529, SB 432)ê

 

    3.  The Department of Motor Vehicles and Public Safety shall monitor the effectiveness of its programs for the inspection and maintenance of motor vehicles and shall implement improvements to provide the highest air quality and improvement in air quality.

    4.  The Department of Motor Vehicles and Public Safety shall implement its use of computers to ensure that its use of staff is efficient, to increase the number of staff that can conduct inspections of motor vehicles and to address current problems with the program to control emissions from motor vehicles.

    Sec. 4.  1.  There is hereby appropriated from the pollution control account in the state general fund to the Legislative Commission the sum of $500,000 to pay for the costs associated with carrying out the provisions of this act.

    2.  The Legislative Commission shall determine the manner in which to expend the money appropriated pursuant to subsection 1 and shall distribute at least $100,000 of the appropriation to the Department of Motor Vehicles and Public Safety for use by the Department in its program for the inspection of heavy-duty motor vehicles that are powered by diesel fuel.

    3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 530, SB 485

Senate Bill No. 485–Committee on Judiciary

 

CHAPTER 530

 

AN ACT relating to technology; creating the advisory board for the Nevada task force for technological crime; prohibiting various acts related to computers, networks and electronic mail; requiring providers of Internet service to keep certain information confidential under certain circumstances; prohibiting prisoners from having access to telecommunications devices except under certain circumstances; prohibiting certain deceptive trade practices by providers of telecommunications service; making various other changes to provisions governing the use of technology; providing penalties; authorizing certain expenditures; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Title 15 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.

    Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Board” means the advisory board for the Nevada task force for technological crime created pursuant to section 5 of this act.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2701 (Chapter 530, SB 485)ê

 

    Sec. 4.  “Technological crime” means any crime that involves, directly or indirectly, any component, device, equipment, system or network that, alone or in conjunction with any other component, device, equipment, system or network, is designed or has the capability to:

    1.  Be programmed; or

    2.  Generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound in a technological format, including, without limitation, a format that involves analog, digital, electronic, electromagnetic, magnetic or optical technology.

    Sec. 5.  1.  The advisory board for the Nevada task force for technological crime is hereby created.

    2.  The board consists of nine members as follows:

    (a) The attorney general.

    (b) The director of the department of information technology.

    (c) One member of the senate appointed by the majority leader of the senate.

    (d) One member of the assembly appointed by the speaker of the assembly.

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

         (1) Two persons who represent major sectors of the economy of this state that are impacted significantly by technological crimes.

         (2) One person who is an employee of a law enforcement agency of this state.

         (3) One person who is an employee of a public educational institution within this state.

         (4) One person who is a resident of this state and who is employed by the Federal Government.

    3.  Each member of the board who is appointed to the board serves for a term of 4 years. A vacancy on the board in an appointed position must be filled in the same manner as the original appointment. A member may be reappointed to the board.

    4.  The members of the board shall elect a chairman and vice chairman by majority vote. After the initial election, the chairman and vice chairman shall hold office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the board shall elect a chairman or vice chairman, as appropriate, from among its members for the remainder of the unexpired term.

    5.  The members of the board:

    (a) Serve without compensation; and

    (b) May, upon written request, receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the board.

    6.  A member of the board who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the board and perform any work necessary to carry out the duties of the board in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the board to make up the time he is absent from work to carry out his duties as a member of the board or use annual vacation or compensatory time for the absence.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2702 (Chapter 530, SB 485)ê

 

who is a member of the board to make up the time he is absent from work to carry out his duties as a member of the board or use annual vacation or compensatory time for the absence.

    Sec. 6.  1.  The board shall meet at least once every quarter and at the times and places specified by a call of the chairman or a majority of the members of the board.

    2.  Except as otherwise provided in subsection 3, a member of the board may designate in writing a person to represent him at a meeting of the board. A representative who has been so designated:

    (a) Shall be deemed to be a member of the board for the purpose of determining a quorum at the meeting; and

    (b) May vote on any matter that is voted on by the regular members of the board at the meeting.

    3.  The attorney general may designate a representative to serve in his place on the board or attend a meeting of the board in his place. The director of the department of information technology may designate a representative to serve in his place on the board or attend a meeting of the board in his place.

    4.  Five members of the board constitute a quorum. A quorum may exercise all the power and authority conferred on the board.

    5.  Notwithstanding any other provision of law, a member of the board:

    (a) Is not disqualified from public employment or holding a public office because of his membership on the board; and

    (b) Does not forfeit his public office or public employment because of his membership on the board.

    Sec. 7.  The board shall:

    1.  Facilitate cooperation between state, local and federal officers in detecting, investigating and prosecuting technological crimes.

    2.  Establish two multi-agency task forces on technological crime, one based in Reno for northern Nevada and one based in Las Vegas for southern Nevada, consisting of:

    (a) Investigators and prosecutors who are specifically trained to investigate and prosecute technological crimes; and

    (b) Persons from the private sector who are knowledgeable in the area of information technology or the prevention or detection of technological crimes.

    3.  Coordinate and provide training and education for members of the general public, private industry and governmental agencies, including, without limitation, law enforcement agencies, concerning the statistics and methods of technological crimes and how to prevent and detect technological crimes.

    4.  Administer, with the assistance of members of private industry, a program to secure governmental information systems against illegal intrusions and other criminal activities.

    5.  Evaluate and recommend changes to the existing civil and criminal laws relating to technological crimes in response to current and projected changes in technology and law enforcement techniques.

    6.  Authorize the payment of expenses incurred by the board in carrying out its duties pursuant to this chapter.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2703 (Chapter 530, SB 485)ê

 

    Sec. 8.  1.  Upon unanimous approval of the members of the board, the board shall appoint an executive director of technological crime within the office of the attorney general.

    2.  The executive director is in the unclassified service of the state and serves at the pleasure of the board.

    3.  The board shall establish the qualifications, powers and duties of the executive director.

    Sec. 9.  Upon unanimous approval of the members of the board, the board shall appoint a full-time secretary who is in the unclassified service of the state and serves at the pleasure of the board.

    Sec. 10.  1.  The board may apply for any available grants and accept gifts, grants, appropriations or donations to assist the board in carrying out its duties pursuant to the provisions of this chapter.

    2.  Any money received by the board must be deposited in the account for the advisory board for the Nevada task force for technological crime created pursuant to section 11 of this act.

    Sec. 11.  1.  The account for the advisory board for the Nevada task force for technological crime is hereby created in the state general fund. The board shall administer the account.

    2.  The money in the account must only be used to carry out the provisions of this chapter and pay the expenses incurred by the board in the discharge of its duties, including, without limitation, the payment of any expenses related to the creation and subsequent activities of the task forces on technological crime.

    3.  Claims against the account must be paid as other claims against the state are paid.

    4.  The money in the account must remain in the account and must not revert to the state general fund at the end of any fiscal year.

    Sec. 12.  Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 22, inclusive, of this act.

    Sec. 13.  “Intangible property” means property that lacks a physical existence yet possesses value, including, without limitation, customer lists, trade secrets, copyrighted material or other confidential information.

    Sec. 14.  1.  “Computer contaminant” means any data, information, image, program, signal or sound that is designed or has the capability to:

    (a) Contaminate, corrupt, consume, damage, destroy, disrupt, modify, record or transmit; or

    (b) Cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded or transmitted,

any other data, information, image, program, signal or sound contained in a computer, system or network without the knowledge or consent of the person who owns the other data, information, image, program, signal or sound or the computer, system or network.

    2.  The term includes, without limitation:

    (a) A virus, worm or trojan horse; or

    (b) Any other similar data, information, image, program, signal or sound that is designed or has the capability to prevent, impede, delay or disrupt the normal operation or use of any component, device, equipment, system or network.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2704 (Chapter 530, SB 485)ê

 

    Sec. 15.  “Encryption” means the use of any protective or disruptive measure, including, without limitation, cryptography, enciphering, encoding or a computer contaminant, to:

    1.  Prevent, impede, delay or disrupt access to any data, information, image, program, signal or sound;

    2.  Cause or make any data, information, image, program, signal or sound unintelligible or unusable; or

    3.  Prevent, impede, delay or disrupt the normal operation or use of any component, device, equipment, system or network.

    Sec. 16.  1.  “Information service” means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound by means of any component, device, equipment, system or network, including, without limitation, by means of:

    (a) A computer, computer system, computer network, modem or scanner.

    (b) A telephone, cellular phone, satellite phone, pager, personal communications device or facsimile machine.

    (c) Any type of transmitter or receiver.

    (d) Any other component, device, equipment, system or network that uses analog, digital, electronic, electromagnetic, magnetic or optical technology.

    2.  The term does not include a community antenna television company, as defined in NRS 711.030.

    Sec. 17.  “Provider” means any person who provides an information service.

    Sec. 18.  “Provider of Internet service” means any provider who provides subscribers with access to the Internet or an electronic mail address, or both.

    Sec. 19.  1.  A person shall not willfully use or attempt to use encryption, directly or indirectly, to:

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

    (b) Aid, assist or encourage another person to commit any criminal offense;

    (c) Conceal the commission of any criminal offense;

    (d) Conceal or protect the identity of a person who has committed any criminal offense; or

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

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

    (a) Is guilty of a gross misdemeanor; and

    (b) Commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section.

    Sec. 20.  1.  A person shall not willfully falsify or forge any data, information, image, program, signal or sound that:

    (a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2705 (Chapter 530, SB 485)ê

 

    (b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail,

with the intent to transmit or cause to be transmitted the item of electronic mail to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission.

    2.  Except as otherwise provided in subsection 5, a person shall not willfully transmit or cause to be transmitted an item of electronic mail to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission if person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with:

    (a) An Internet domain name that is being used without the consent of the person who holds the Internet domain name; or

    (b) Any data, information, image, program, signal or sound that has been used intentionally in the header, subject line or routing instructions of the item of electronic mail to falsify or misrepresent:

         (1) The identity of the sender; or

         (2) The source, point of origin or path of transmission of the item of electronic mail.

    3.  A person shall not knowingly sell, give or otherwise distribute or possess with the intent to sell, give or otherwise distribute any data, information, image, program, signal or sound which is designed or intended to be used to falsify or forge any data, information, image, program, signal or sound that:

    (a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or

    (b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail.

    4.  A person who violates any provision of this section is guilty of a misdemeanor.

    5.  The provisions of subsection 2 do not apply to a provider of Internet service who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the provider of Internet service is the person who first generates the item of electronic mail.

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

    (a) All information concerning a subscriber, other than the electronic mail address of the subscriber, unless the subscriber gives permission, in writing or by electronic mail, to the provider of Internet service to disclose the information.

    (b) The electronic mail address of a subscriber, if the subscriber requests, in writing or by electronic mail, to have the electronic mail address of the subscriber kept confidential. Upon receiving such a request from a subscriber, a provider of Internet service shall keep confidential the electronic mail address of the subscriber, unless the subscriber gives permission, in writing or by electronic mail, to the provider of Internet service to disclose the electronic mail address of the subscriber.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2706 (Chapter 530, SB 485)ê

 

    2.  A provider of Internet service shall provide notice of the requirements of subsection 1 to each of its subscribers. The notice must include, without limitation, a conspicuous statement that a subscriber may request, in writing or by electronic mail, to have the electronic mail address of the subscriber kept confidential.

    3.  A provider of Internet service who violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 for each violation.

    4.  As used in this section, “provider of Internet service” means a provider of Internet service who charges a subscriber for access to the Internet or the electronic mail address of the subscriber.

    Sec. 22.  1.  Any victim of a crime described in NRS 205.473 to 205.506, inclusive, and sections 14 to 22, inclusive, of this act, may bring a civil action to recover:

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

    (b) Punitive damages; and

    (c) Costs and reasonable attorney’s fees incurred in bringing the civil action.

    2.  The provisions of this section do not abrogate or limit the right of a victim of a crime described in NRS 205.473 to 205.506, inclusive, and sections 14 to 22, inclusive, of this act, to bring a civil action pursuant to any other statute or the common law.

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

    205.0821  As used in NRS 205.0821 to 205.0835, inclusive, and section 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 205.0822 to 205.0831, inclusive, and section 13 of this act have the meanings ascribed to them in those sections.

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

    205.0828  “Property of another person” means real, personal or intangible property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, including , without limitation, property in which the defendant also has an interest, notwithstanding that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in the possession of the defendant in which another person has only a security interest shall be deemed not to be the property of that other person, even if that person holds legal title to the property pursuant to a security agreement.

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

    205.0832  A person commits theft if, without lawful authority, he knowingly:

    1.  Controls any property of another person with the intent to deprive that person of the property.

    2.  Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or prescribed duration or for a limited use.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2707 (Chapter 530, SB 485)ê

 

    3.  Obtains real , [or] personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this subsection, “material misrepresentation” means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act.

    4.  Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his own use or that of another person without reasonable efforts to notify the true owner.

    5.  Controls property of another person knowing or having reason to know that the property was stolen . [;]

    6.  Obtains services which he knows are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his own benefit or that of another person without lawful authority to do so.

    7.  Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person.

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

    9.  Draws or passes a check, and in exchange obtains property or services, if he knows that the check will not be paid when presented.

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

    205.473  As used in NRS 205.473 to [205.491,] 205.506, inclusive, and sections 14 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 205.4732 to 205.476, inclusive, and sections 14 to 18, inclusive, of this act have the meanings ascribed to them in those sections.

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

    205.4745  “Network” means a set of related, remotely connected devices and facilities, including more than one system, with the capability to transmit data among [them.] any of the devices and facilities. The term includes, without limitation, a local, regional or global computer network.

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

    205.4765  1.  Except as otherwise provided in subsection [5,] 6, a person who knowingly, [willingly] willfully and without authorization:

    (a) Modifies;

    (b) Damages;

    (c) Destroys;

    (d) Discloses;

    (e) Uses;

    (f) Transfers;

    (g) Conceals;

    (h) Takes;

    (i) Retains possession of;

    (j) Copies;

    (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2708 (Chapter 530, SB 485)ê

 

    (l) Enters,

data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.

    2.  Except as otherwise provided in subsection [5,] 6, a person who knowingly, [willingly] willfully and without authorization:

    (a) Modifies;

    (b) Destroys;

    (c) Uses;

    (d) Takes;

    (e) Damages;

    (f) Transfers;

    (g) Conceals;

    (h) Copies;

    (i) Retains possession of; or

    (j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.

    3.  Except as otherwise provided in subsection [5,] 6, a person who knowingly, [willingly] willfully and without authorization:

    (a) Destroys;

    (b) Damages;

    (c) Takes;

    (d) Alters;

    (e) Transfers;

    (f) Discloses;

    (g) Conceals;

    (h) Copies;

    (i) Uses;

    (j) Retains possession of; or

    (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

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

    4.  Except as otherwise provided in subsection [5,] 6, a person who knowingly, [willingly] willfully and without authorization:

    (a) Obtains and discloses;

    (b) Publishes;

    (c) Transfers; or

    (d) Uses,

a device used to access a computer, network or data is guilty of a misdemeanor.

    5.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization introduces, causes to be introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.             

    6.  If the violation of any provision of this section:

    (a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

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


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2709 (Chapter 530, SB 485)ê

 

    (c) Caused an interruption or impairment of a public service, [such as] including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

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

    205.477  1.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, a person who knowingly, willfully and without authorization interferes with, denies or causes the denial of access to or [the] use of a computer, system or network to a person who has the duty and right to use it is guilty of a misdemeanor.

    2.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, a person who knowingly, [willingly] willfully and without authorization uses , [or] causes the use of , accesses, attempts to gain access to or causes access to be gained to a computer, system [or network to:

    (a) Obtain personal information about another person; or

    (b) Enter false information about another person to wrongfully damage or enhance that person’s credit rating, is] , network, telecommunications device, telecommunications service or information service is guilty of a misdemeanor.

    3.  If the violation of subsection 1 or 2 was committed to devise or execute a scheme to defraud or illegally obtain property, the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

    4.  It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the defendant reasonably believed that:

    (a) He was authorized to use or access the computer, system, network, telecommunications device, telecommunications service or information service and such use or access by the defendant was within the scope of that authorization; or

    (b) The owner or other person authorized to give consent would authorize the defendant to use or access the computer, system, network, telecommunications device, telecommunications service or information service.

    5.  A defendant who intends to offer an affirmative defense described in subsection 4 at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

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

    205.481  A person who knowingly, willfully and without authorization creates, alters or deletes any data , information, image, program, signal or sound contained in any computer, system or network which, if done on a written or printed document or instrument, would constitute forgery pursuant to NRS 205.090 or 205.095, is guilty of forgery which is a category D felony and shall be punished as provided in NRS 193.130.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2710 (Chapter 530, SB 485)ê

 

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

    205.485  An employee is presumed to have the authority to access and use [any] :

    1.  A computer, system or network [, supporting documents, program or data] owned or operated by his employer ; and

    2.  Any supporting document to and any data, information, image, program, signal or sound contained in such a computer, system or network,

unless the presumption is overcome by clear and convincing evidence to the contrary.

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

    205.491  1.  If it appears that a person has engaged in or is about to engage in any act or practice which violates any [of the provisions] provision of NRS 205.473 to [205.485,] 205.506, inclusive, or sections 14 to 22, inclusive, of this act, the attorney general or the appropriate district attorney may file an action in any court of competent jurisdiction to prevent the occurrence or continuance of that act or practice.

    2.  An injunction:

    (a) May be issued without proof of actual damage sustained by any person.

    (b) Does not preclude the criminal prosecution and punishment of a violator.

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

    205.506  1.  It is unlawful for a person knowingly [or] and with the intent to avoid payment in full for the service obtained to:

    [1.] (a) Obtain or attempt to obtain [mobile telephone] an information service from a [supplier] provider by deception, use of an illegal device [,] or other fraudulent means. The requisite intent may be inferred from the presence on the property or in the possession of the [accused] person of a device, not authorized by the [supplier,] provider, the major purpose of which is to permit or facilitate use of [mobile telephone] an information service without payment. The inference is rebutted if the [accused] person shows that he purchased the device for a legitimate purpose.

    [2.] (b) Give to another person technical assistance or instruction [to another] in obtaining [mobile telephone] an information service without full payment to a [supplier.

    3.] provider.

    (c) Maintain an ability to connect, by physical, electronic or other means, with facilities, components or devices used in [mobile telephone] an information service for the purpose of obtaining [mobile telephone] the information service without payment of all lawful compensation to the [supplier.

    4.] provider.

    (d) Make or maintain a modification of a device installed with the authorization of a [supplier] provider to obtain any service that the [accused] person is not authorized by the [supplier] provider to obtain. The requisite intent may be inferred from proof that the [supplier’s] standard procedure of the provider is to place labels on its devices warning that modifying the device is a violation of law and that the device has been modified without the [supplier’s permission.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2711 (Chapter 530, SB 485)ê

 

device is a violation of law and that the device has been modified without the [supplier’s permission.

    5.] permission of the provider.

    (e) Possess , manufacture, deliver, offer to deliver or advertise, without [a supplier’s] permission from the provider, a device or a kit for a device designed to [receive] :

         (1) Receive from the [supplier] provider a service offered for sale by the [supplier,] provider, whether or not the service is encoded or otherwise made unintelligible [, or designed to perform] ; or

         (2) Perform or facilitate an act prohibited by [subsections 1 to 4,] paragraphs (a) to (d), inclusive.

Intent to violate this [subsection] paragraph for commercial advantage or financial gain may be inferred if the circumstances, including , without limitation, quantity or volume, indicate possession for resale.

    [6.] (f) Manufacture, import, distribute, advertise, sell, lease, or offer to sell or lease a device or a plan or kit for a device designed to receive [mobile telephone] an information service offered for sale by a [supplier,] provider, whether or not the service is encoded or otherwise made unintelligible, without full payment. The requisite intent may be inferred from proof that the [accused] person has sold, leased or offered to sell or lease any such device, plan or kit and stated or implied to the buyer or lessee that it will enable him to obtain [mobile telephone] an information service without charge.

    [7.] (g) Possess any other materials for the purpose of creating a device or a kit for a device designed to obtain [mobile telephone] an information service in any manner prohibited pursuant to this section.

    2.  This section does not prohibit or restrict a holder of an amateur service license issued by the Federal Communications Commission from possessing or using a radio receiver or transceiver that is intended primarily for use in the amateur radio service and is used for lawful purposes.

    3.  A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

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

    179.121  1.  All personal property, including , without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in [:] any of the following crimes, is subject to forfeiture:

    (a) The commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, invasion of the home, grand larceny , theft if it is punishable as a felony, or pandering;

    (b) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or

    (c) A violation of NRS 200.465, 202.265, 202.287 , 205.473 to 205.506, inclusive, and sections 14 to 22, inclusive, of this act, NRS 205.610 to 205.810, inclusive, or 465.070 to 465.085, inclusive . [,

is subject to forfeiture.]

    2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2712 (Chapter 530, SB 485)ê

 

or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

    (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

    (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness;

    (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

    (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

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

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

    (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

    (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

    Sec. 35.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, the warden or manager of an institution or facility shall ensure that no offender in the institution or facility has access to a telecommunications device.

    2.  An offender may use a telephone subject to the limitations set forth in NRS 209.419.

    3.  As used in this section, “telecommunications device” means a device that can be used by an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone or a computer that is connected to a computer network or is otherwise capable of communicating with a person or device outside of the facility.

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

    209.461  1.  The director shall:

    (a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.

    (b) Except as otherwise provided in this [paragraph,] section, to the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The director shall require as a condition of employment that an offender sign an authorization for the deductions from his wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the director to make the deductions pursuant to NRS 209.463.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2713 (Chapter 530, SB 485)ê

 

implied from the employment of an offender and a signed authorization from the offender is not required for the director to make the deductions pursuant to NRS 209.463.

    (c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.

    (d) Provide equipment, space and management for services and manufacturing by offenders.

    (e) Employ craftsmen and other personnel to supervise and instruct offenders.

    (f) Except as otherwise provided in NRS 209.383, contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.

    (g) Contract for the use of offenders’ services and for the sale of goods manufactured by offenders.

    2.  Every program for the employment of offenders established by the director must:

    (a) Employ the maximum number of offenders possible;

    (b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;

    (c) Have an insignificant effect on the number of jobs available to the residents of this state; and

    (d) Provide occupational training for offenders.

    3.  An offender may not engage in vocational training, employment or a business that requires or permits the offender to:

    (a) Telemarket or conduct opinion polls by telephone; or

    (b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.

    4.  Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the director must result in a profit for the department. The following must not be included in determining whether there is a profit for the department:

    (a) Fees credited to the fund for prison industries pursuant to NRS 482.268, any revenue collected by the department for the leasing of space, facilities or equipment within the institutions or facilities of the department and any interest or income earned on the money in the fund for prison industries.

    (b) The selling expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, “selling expenses” means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.

    (c) The general and administrative expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, “general and administrative expenses” means the salary of the assistant director of industrial programs and the salaries of any other personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2714 (Chapter 530, SB 485)ê

 

personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.

    [4.  The]

    5.  Except as otherwise provided in subsection 3, the director may, with the approval of the board:

    (a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.

    (b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.

    [5.] 6.  The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the state or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.

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

    209.4814  The advisory board shall:

    1.  Be informed on issues and developments relating to industrial programs for correctional institutions;

    2.  Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;

    3.  Report to the legislature on any other matter relating to industrial programs for correctional institutions which it deems appropriate;

    4.  Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;

    5.  Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists; and

    6.  Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsections 2 , [and] 3 and 4 of NRS 209.461 and submit to the director its recommendations concerning the proposed program.

    7.  Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the advisory board determines that a program is not operating profitably within 3 years after its establishment, the advisory board shall report its finding to the director with recommendation regarding whether the program should be continued or terminated.

    Sec. 38.  Chapter 242 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A state agency that uses at least one computer in the course of its work shall:

    (a) Create a written policy setting forth the appropriate uses of the computers of the state agency; and

    (b) Provide all employees of the state agency with a copy of the written policy.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2715 (Chapter 530, SB 485)ê

 

    2.  As used in this section, “state agency” means an agency, bureau, board, commission, department, division or any other unit of the executive department of the government of this state.

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

    244A.7641  As used in NRS 244A.7641 to 244A.7647, inclusive, unless the context otherwise requires [, “mobile] :

    1.  “Mobile telephone service” [and “supplier” have the meanings ascribed to them in NRS 205.505.] means cellular or other service to a telephone installed in a vehicle or otherwise portable.

    2.  “Supplier” means a person authorized by the Federal Communications Commission to provide mobile telephone service.

    Sec. 40.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 41 to 46, inclusive, of this act.

    Sec. 41.  As used in sections 41 to 46, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 42 and 43 of this act have the meanings ascribed to them in those sections.

    Sec. 42.  “Provider” means:

    1.  A person who is in the business of providing a telecommunications service;

    2.  An agent, employee, independent contractor or representative of a person who is in the business of providing a telecommunications service; or

    3.  A person who originates a charge for a telecommunications service and directly or indirectly bills a customer for the charge.

    Sec. 43.  “Telecommunications service” means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound over a communications system or network, including, without limitation, a communications system or network that uses analog, digital, electronic, electromagnetic, magnetic or optical technology.

    Sec. 44.  A provider shall not:

    1.  Make a statement or representation regarding the provision of a telecommunications service, including, without limitation, a statement regarding the rates, terms or conditions of a telecommunications service, that:

    (a) Is false, misleading or deceptive; or

    (b) Fails to include material information which makes the statement or representation false, misleading or deceptive.

    2.  Misrepresent his identity.

    3.  Falsely state to a person that the person has subscribed or authorized a subscription to or has received a telecommunications service.

    4.  Omit, when explaining the terms and conditions of a subscription to a telecommunications service, a material fact concerning the subscription.

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

    (a) A clear and detailed description relating directly to the services for which the customer is being billed and the amount the customer is being charged for each service;


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2716 (Chapter 530, SB 485)ê

 

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

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

    6.  Fail to honor, within a reasonable period, a request of a customer to cancel a telecommunications service pursuant to the terms and conditions for the service.

    7.  Bill a customer for a telecommunications service after the customer has canceled the telecommunications service pursuant to the terms and conditions of the service.

    8.  Bill a customer for services that the provider knows the customer has not authorized, unless the service is required to be provided by law. The failure of a customer to refuse a proposal from a provider does not constitute specific authorization.

    9.  Change a customer’s subscription to a local exchange carrier or an interexchange carrier unless:

    (a) The customer has authorized the change within the 30 days immediately preceding the date of the change; and

    (b) The provider complies with the provisions of 47 U.S.C. § 258, as amended, and the verification procedures set forth in 47 C.F.R. part 64, subpart K, as amended.

    10.  Fail to provide to a customer who has authorized the provider to change his subscription to a local exchange carrier or an interexchange carrier a written confirmation of the change within 30 days after the date of the change.

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

    (a) Waive the protection afforded to the person by any provision of this section; or

    (b) Authorize the provider or an agent, employee, independent contractor or representative of the provider to violate any provision of this section.

    Sec. 45.  A provider who is a local exchange carrier shall, in a competitively neutral manner, offer to each customer the opportunity to freeze the interexchange carrier selected by the customer.

    Sec. 46.  1.  The remedies, duties and prohibitions of sections 41 to 46, inclusive, are not exclusive and are in addition to any other remedies provided by law.

    2.  A violation of any provision of sections 41 to 46, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

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

    711.040  1.  “Community antenna television system” means any facility within this state which is constructed in whole or in part in, on, under or over any highway or other public place and [which] is operated to perform for hire the service of [receiving] :

    (a) Receiving and amplifying the signals broadcast by one or more television stations or provided for public, educational or governmental purposes and redistributing those signals by wire, cable or other means of closed transmission [to members of the public who subscribe to the service.] ; or


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2717 (Chapter 530, SB 485)ê

 

    (b) Providing two-way interactive services by wire, cable or other means of closed transmission, including, without limitation, Internet services, intranet services and electronic mail,

to members of the public who subscribe to the service.

    2.  Such a system does not include any system which serves:

    (a) Fewer than 50 subscribers; or

    (b) Only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of those dwellings if the buildings are separated by not more than one public street or right of way.

    3.  As used in this section, “apartment dwelling” does not include a hotel, motel, condominium, town house or other similar dwelling.

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

    711.270  1.  [Any person who knowingly:

    (a) Makes or maintains] It is unlawful for a person knowingly and with the intent to intercept or receive a program or other service provided by a community antenna television company without the authorization of the company to:

    (a) Make a connection or [attaches any] attach a device to [any] a line or other component of a community antenna television company;

    (b) [Purchases or possesses any device; or

    (c) Makes or maintains any] Purchase or possess a device or kit designed to intercept or receive a program or other service provided by the community antenna television company;

    (c) Make or maintain a modification to [any] a device installed [for] by or with the authorization of a community antenna television company [, to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.

    2.  Any person who knowingly and without the authorization of a community antenna television company:

    (a) Imports into this state;

    (b) Distributes; or

    (c) Sells, offers or advertises to sell, or possesses with the intent to sell, any] to intercept or receive a program or other service provided by the community antenna television company; or

    (d) Manufacture, import, distribute, advertise, sell, lease, offer to sell or lease, or possess with the intent to sell or lease a device designed to decode , descramble, intercept or otherwise make intelligible a signal encoded by [the] a community antenna television company .

    2.  Except as otherwise provided in subsection 3, a person who violates paragraph (a), (b) or (c) of subsection 1 is guilty of a misdemeanor.

    3.  [Any] A person who [willfully violates subsection 1 or 2] violates paragraph (a), (b) or (c) of subsection 1 for commercial advantage, whether direct or indirect, is guilty of a gross misdemeanor.

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

    (a) If the violation involves nine or fewer devices, is guilty of a gross misdemeanor.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2718 (Chapter 530, SB 485)ê

 

    (b) If the violation involves 10 or more devices, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

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

    711.280  1.  [Any] A person who violates paragraph (a) , (b) or (c) of subsection 1 [or any provision of subsection 2] of NRS 711.270 is , in addition to being criminally liable pursuant to NRS 711.270, civilly liable to the community antenna television company injured by [such] the conduct for $3,500 or three times any actual damages incurred by the company , whichever is greater, and reasonable attorney’s fees . [, but not more than the amount provided in NRS 73.010 as the jurisdictional limit for small claims in justices’ courts.]

    2.  A person who violates paragraph (d) of subsection 1 of NRS 711.270 is, in addition to being criminally liable pursuant to NRS 711.270, civilly liable to the community antenna television company injured by the conduct for $5,000 or three times any actual damages incurred by the company, whichever is greater, and reasonable attorney’s fees.

    3.  In any action brought [under] pursuant to this section, proof that any of the acts prohibited in subsection 1 were committed on or about the premises occupied by the defendant is prima facie evidence that such acts were committed by the defendant.

    [2.] 4.  An owner or operator of a community antenna television company may bring an action to enjoin any violation of NRS 711.270.

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

    711.285  A local government may recover from a person who is convicted pursuant to subsection 3 or 4 of NRS 711.270 a civil penalty of not more than $50,000 for the first violation, and for the second or subsequent violation a civil penalty of not more than $100,000. This penalty is in addition to any other civil or criminal penalty provided in NRS 711.270 or 711.280.

    Sec. 51.  Section 5 of Senate Bill No. 27 of this session is hereby amended to read as follows:

     Sec. 5.  NRS 711.270 is hereby amended to read as follows:

     711.270  1.  It is unlawful for a person knowingly and with the intent to intercept or receive a program or other service provided by a community antenna television company without the authorization of the company to:

     (a) Make a connection or attach a device to a line or other component of a community antenna television company;

     (b) Purchase or possess a device or kit designed to intercept or receive a program or other service provided by the community antenna television company;

     (c) Make or maintain a modification to a device installed by or with the authorization of a community antenna television company to intercept or receive a program or other service provided by the community antenna television company; or

     (d) Manufacture, import, distribute, advertise, sell, lease, offer to sell or lease, or possess with the intent to sell or lease a device designed to decode, descramble, intercept or otherwise make intelligible a signal encoded by a community antenna television company.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2719 (Chapter 530, SB 485)ê

 

intelligible a signal encoded by a community antenna television company.

     2.  Unless a greater penalty is provided in section 4 of this act:

     (a) Except as otherwise provided in [subsection 3,] paragraph (b), a person who violates paragraph (a), (b) or (c) of subsection 1 is guilty of a misdemeanor.

     [3.] (b) A person who violates paragraph (a), (b) or (c) of subsection 1 for commercial advantage, whether direct or indirect, is guilty of a gross misdemeanor.

     [4.] (c) A person who violates paragraph (d) of subsection 1:

     [(a)] (1) If the violation involves nine or fewer devices, is guilty of a gross misdemeanor.

   [(b)] (2) If the violation involves 10 or more devices, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    Sec. 52.  NRS 205.505, 205.507 and 205.508 are hereby repealed.

    Sec. 53.  Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001, by the office of the attorney general:

 

1999-2000

2000-2001

Office of the executive director of technological crime created pursuant to section 8 of this act

$81,429

$78,572

Computer forensic lab expenses

$75,478

$21,500

    Sec. 54.  The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    Sec. 55.  1.  This act becomes effective upon passage and approval.

    2.  Section 39 of this act expires by limitation on December 31, 2001.

________

 

CHAPTER 531, SB 519

Senate Bill No. 519–Committee on Human Resources and Facilities

 

CHAPTER 531

 

AN ACT relating to public health; authorizing certain persons to possess and administer controlled substances and dangerous drugs; requiring the state board of pharmacy to prepare an annual report concerning immunizations administered by pharmacists; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  (Deleted by amendment.)

    Sec. 2.  NRS 453.375 is hereby amended to read as follows:

    453.375  A controlled substance may be possessed and administered by the following persons:

    1.  A practitioner.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2720 (Chapter 531, SB 519)ê

 

    2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician’s assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

    3.  An advanced emergency medical technician:

    (a) As authorized by regulation of:

         (1) The state board of health in a county whose population is less than 100,000; or

         (2) A county or district board of health in a county whose population is 100,000 or more; and

    (b) In accordance with any applicable regulations of:

         (1) The state board of health in a county whose population is less than 100,000;

         (2) A county board of health in a county whose population is 100,000 or more; or

         (3) A district board of health created pursuant to NRS 439.370 in any county.

    4.  A respiratory therapist, at the direction of a physician or physician’s assistant.

    5.  A medical student, student in training to become a physician’s assistant or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician’s assistant and:

    (a) In the presence of a physician, physician’s assistant or a registered nurse; or

    (b) Under the supervision of a physician, physician’s assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician’s assistant or nurse.

A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

    6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

    7.  Any person designated by the head of a correctional institution.

    8.  A veterinary technician at the direction of his supervising veterinarian.

    9.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

    10.  In accordance with applicable regulations of the state board of pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

    Sec. 3.  (Deleted by amendment.)

    Sec. 4.  NRS 454.213 is hereby amended to read as follows:

    454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

    1.  A practitioner.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2721 (Chapter 531, SB 519)ê

 

    2.  A physician’s assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

    3.  [A] Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

    4.  In accordance with applicable regulations of the board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

    (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

    (b) Acting under the direction of the medical director of that agency or facility who works in this state.

    5.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the state board of pharmacy and in accordance with any applicable regulations of:

    (a) The state board of health in a county whose population is less than 100,000;

    (b) A county board of health in a county whose population is 100,000 or more; or

    (c) A district board of health created pursuant to NRS 439.370 in any county.

    [5.] 6.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

    [6.] 7.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

    [7.] 8.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

    (a) In the presence of a physician or a registered nurse; or

    (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

    [8.] 9.  Any person designated by the head of a correctional institution.

    [9.] 10.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.


…………………………………………………………………………………………………………………

ê1999 Statutes of Nevada, Page 2722 (Chapter 531, SB 519)ê

 

    [10.] 11.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

    [11.] 12.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

    [12.] 13.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

    [13.] 14.  A physical therapist, but only if the drug or medicine is a topical drug which is:

    (a) Used for cooling and stretching external tissue during therapeutic treatments; and

    (b) Prescribed by a licensed physician for:

         (1) Iontophoresis; or

         (2) The transmission of drugs through the skin using ultrasound.

    [14.] 15.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

    [15.] 16.  A veterinary technician at the direction of his supervising veterinarian.

    17.  In accordance with applicable regulations of the board, a registered pharmacist who:

    (a) Is trained in and certified to carry out standards and practices for immunization programs;

    (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

    (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.

    Sec. 5.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

    The board shall prepare an annual report concerning immunizations administered by pharmacists that includes, without limitation, the number of immunizations which were administered by pharmacists during the previous year, any problems or complaints reported to the board concerning immunizations administered by pharmacists and any other information that the board determines would be useful in determining whether pharmacists should continue to administer immunizations in this state. The report must be available for public inspection during regular business hours at the office of the board.

________

 

 

Link to Page 2723