LAWS OF THE STATE OF NEVADA

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ê2001 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

SEVENTY-FIRST SESSION OF THE LEGISLATURE

2001

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Raggio and Titus

 

CHAPTER 1

 

AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.

 

[Approved: February 8, 2001]

 

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 legislative fund created by NRS 218.085 the sum of $10,000,000.

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

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CHAPTER 2, AB 78

 

Assembly Bill No. 78–Assemblymen Dini, Anderson, Price, Bache, Buckley, Chowning, Gibbons, Giunchigliani, Goldwater, Humke, Koivisto, Marvel and Perkins

 

 

CHAPTER 2

 

AN ACT relating to health care; revising the definitions of “practice of practical nursing” and “practice of professional nursing” to specify that a nurse may accept direction from a physician’s assistant; authorizing a registered nurse to possess and administer certain drugs and medicines at the direction of a physician’s assistant; and providing other matters properly relating thereto.

 

[Approved: March 9, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 632.017 is hereby amended to read as follows:

  632.017  “Practice of practical nursing” means the performance of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a licensed physician’s assistant, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.


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podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

    Sec. 2.  NRS 632.018 is hereby amended to read as follows:

  632.018  “Practice of professional nursing” means the performance of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a licensed physician’s assistant, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

    Sec. 3.  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.

  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.  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, 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.

  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.

  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.

  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.

  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


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ê2001 Statutes of Nevada, Page 3 (Chapter 2, AB 78)ê

 

  (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.

  9.  Any person designated by the head of a correctional institution.

  10.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

  11.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

  12.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

  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.

  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.

  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.

  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.

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ê2001 Statutes of Nevada, Page 4ê

 

CHAPTER 3, AB 153

Assembly Bill No. 153–Committee on Commerce and Labor

 

CHAPTER 3

 

AN ACT relating to real estate; clarifying that an appraiser who completes a statement of visual condition that is required for a federally insured home loan is acting within the scope of his practice as an appraiser and is not subject to the provisions governing inspectors of structures; and providing other matters properly relating thereto.

 

[Approved: March 22, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 645D.100 is hereby amended to read as follows:

  645D.100  The provisions of this chapter do not apply to:

  1.  A federal or state employee, or an employee of a local government, who prepares or communicates an inspection report as part of his official duties, unless a certificate is required as a condition of his employment.

  2.  A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

  3.  A board of appraisers acting pursuant to NRS 269.135.

  4.  A person licensed, certified or registered pursuant to chapter 645, 645C or 684A of NRS while he is performing an act within the scope of his license, certification or registration. For the purposes of this subsection, a person licensed, certified or registered pursuant to chapter 645C of NRS shall be deemed to be acting within the scope of his license, certification or registration while he is performing an appraisal prescribed by federal law that requires a statement of visual condition and while he is preparing or communicating a report of such an appraisal.

    5.  A person who makes an evaluation of an improvement as an incidental part of his employment for which special compensation is not provided, if that evaluation is only provided to his employer for internal use within the place of his employment.

  6.  A person who provides an estimate of cost, repair or replacement of any improvements upon real estate.

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

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ê2001 Statutes of Nevada, Page 5ê

 

CHAPTER 4, AB 32

Assembly Bill No. 32–Assemblywoman Gibbons

 

CHAPTER 4

 

AN ACT relating to chiropractic; revising provisions governing the issuance of a license to practice chiropractic and a temporary license to practice chiropractic; increasing the number of chiropractic assistants that a chiropractor may supervise; and providing other matters properly relating thereto.

 

[Approved: March 22, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 634.090 is hereby amended to read as follows:

  634.090  1.  An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the board [that:

  (a) He] :

  (a) That he is of good moral character [and, if licensed to practice chiropractic in another state, possesses a good professional reputation;

  (b) He] ;

  (b) Not less than 60 days before the date of the examination, that he has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education or which has a reciprocal agreement with the Council on Chiropractic Education, whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:

      (1) Anatomy;

      (2) Bacteriology;

      (3) Chiropractic theory and practice;

      (4) Diagnosis and chiropractic analysis;

      (5) Elementary chemistry and toxicology;

      (6) Histology;

      (7) Hygiene and sanitation;

      (8) Obstetrics and gynecology;

      (9) Pathology;

      (10) Physiology; and

      (11) Physiotherapy; and

  (c) [He:] That he:

      (1) Holds certificates which indicate that he has passed parts I, II and III, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or

      (2) Has actively practiced chiropractic in another state for not fewer than 7 of the immediately preceding 10 years without having any adverse disciplinary action taken against him.

  2.  Except as otherwise provided in subsection 3, every applicant is required to submit evidence of his successful completion of not less than 60 credit hours at an accredited college or university.

  3.  Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 2.


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ê2001 Statutes of Nevada, Page 6 (Chapter 4, AB 32)ê

 

    Sec. 2.  NRS 634.115 is hereby amended to read as follows:

  634.115  1.  [Upon] Except as otherwise provided in subsections 4 and 5, upon application, payment of the required fee and the approval of its secretary and president, the board may, without examination, grant a temporary license to practice chiropractic in this state to a person [whose] who holds a corresponding license or certificate in another jurisdiction which is in good standing [.] and who actively practices chiropractic in that jurisdiction. A temporary license may be issued for the limited purpose of authorizing the holder thereof to treat patients in this state.

  2.  [An] Except as otherwise provided in this subsection, an applicant for a temporary license must file an application with the secretary of the board not less than [45] 30 days before the applicant intends to practice chiropractic in this state. [The] Upon the request of an applicant, the president or secretary may, for good cause, authorize the applicant to file his application fewer than 30 days before he intends to practice chiropractic in this state.

  3.  An application for a temporary license must be accompanied by a fee of $50 and include:

  (a) The applicant’s name, the address of his primary place of practice and his telephone number;

  (b) A current photograph of the applicant measuring 2 by 2 inches;

  (c) The name of the chiropractic school or college from which the applicant graduated and the date of his graduation; and

  (d) The number of the applicant’s license to practice chiropractic in another jurisdiction . [; and

  (e) A list of the names and addresses of the patients to be treated by the applicant in this state or the name of the organization whose members the applicant intends to treat in this state.

  3.] 4.  A temporary license is valid for the 10-day period designated on the license and is not renewable.

  [4.] 5.  The board may not grant more than two temporary licenses to an applicant during any calendar year.

    Sec. 3.  NRS 634.127 is hereby amended to read as follows:

  634.127  No chiropractor may supervise more than [two] four chiropractor’s assistants at the same time.

    Sec. 4.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 7ê

 

CHAPTER 5, SB 64

Senate Bill No. 64–Committee on Government Affairs

 

CHAPTER 5

 

AN ACT relating to property taxes; authorizing the payment of taxes assessed upon personal property in installments under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: March 27, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 361.483 is hereby amended to read as follows:

  361.483  1.  Except as otherwise provided in subsection [4,] 5, taxes assessed upon the real property tax roll and upon mobile or manufactured homes are due on the third Monday of August.

  2.  Taxes assessed upon the real property tax roll may be paid in four approximately equal installments if the taxes assessed on the parcel exceed $100.

  3.  Taxes assessed upon a mobile or manufactured home may be paid in four installments if the taxes assessed exceed $100.

  4.  Except as otherwise provided in NRS 361.505, taxes assessed upon personal property may be paid in four approximately equal installments if:

  (a) The total personal property taxes assessed exceed $10,000;

  (b) Not later than July 31, the taxpayer returns to the county assessor the written statement of personal property required pursuant to NRS 361.265;

  (c) The taxpayer files with the county assessor, or county treasurer if the county treasurer has been designated to collect taxes, a written request to be billed in quarterly installments and includes with the request a copy of the written statement of personal property required pursuant to NRS 361.265; and

  (d) The business has been in existence for at least 3 years if the personal property assessed is the property of a business.

  5.  If a person elects to pay in installments, the first installment is due on the third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.

  [5.] 6.  If any person charged with taxes which are a lien on real property fails to pay:

  (a) Any one installment of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.

  (b) Any two installments of the taxes, together with accumulated penalties, on or within 10 days following the day the later installment of taxes becomes due, there must be added thereto a penalty of 5 percent of the two installments due.

  (c) Any three installments of the taxes, together with accumulated penalties, on or within 10 days following the day the latest installment of taxes becomes due, there must be added thereto a penalty of 6 percent of the three installments due.


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ê2001 Statutes of Nevada, Page 8 (Chapter 5, SB 64)ê

 

  (d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.

  [6.] 7.  Any person charged with taxes which are a lien on a mobile or manufactured home who fails to pay the taxes within 10 days after the installment payment is due is subject to the following provisions:

  (a) A penalty of 10 percent of the taxes due;

  (b) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and

  (c) The county assessor may proceed under NRS 361.535.

  [7.] 8.  The ex officio tax receiver of a county shall notify each person in the county who is subject to a penalty pursuant to this section of the provisions of NRS 360.419 and 361.4835.

    Sec. 2.  NRS 361.770 is hereby amended to read as follows:

  361.770  1.  If newly constructed real property is not assessed on the secured assessment roll for the current tax year and the roll has been closed pursuant to NRS 361.310, the county assessor of any county wherein the property is located shall assess the property as personal property and give his receipt for the taxes paid thereon in the amount received by him. If the amount of the taxes exceeds $100, they may be paid in installments as provided in NRS 361.483 [.] for property assessed upon the real property tax roll.

  2.  An assessment may be made at any time between July 1 and December 15. The receipt issued by the county assessor must specify the description of the property, together with the year for which the tax is paid.

  3.  Any taxes for property assessed pursuant to this section which become delinquent must be treated in the same manner as if the property had been placed on the secured roll.

    4.  The receipt issued by the county assessor is conclusive evidence for the payment of all taxes against the property described for the year named on the receipt and is a complete defense to any action for taxes which may be brought for the period covered by the receipt.

    Sec. 3.  NRS 268.785 is hereby amended to read as follows:

  268.785  1.  After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the higher level of police protection found beneficial to the public interest for the next ensuing fiscal year.

  2.  The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of additional police protection to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

  3.  The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1.


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ê2001 Statutes of Nevada, Page 9 (Chapter 5, SB 64)ê

 

later than June 1. The assessments so levied must be paid in installments on or before the dates specified for installments paid pursuant to subsection [4] 5 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

  4.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

    Sec. 4.  NRS 268.795 is hereby amended to read as follows:

  268.795  1.  After creation of the district, the council shall annually ascertain and include in its budget the total amount of money to be derived from assessments required to provide the maintenance found beneficial to the public interest for the next ensuing fiscal year.

  2.  The city council shall designate an existing citizens’ group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of maintenance to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.

  3.  The total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied must be paid in installments on or before the dates specified for installments paid pursuant to subsection [4] 5 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.

  4.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

    Sec. 5.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 10ê

 

CHAPTER 6, AB 22

Assembly Bill No. 22–Assemblyman Lee

 

CHAPTER 6

 

AN ACT relating to judges; amending the charter of the City of Las Vegas to extend the terms of municipal judges; and providing other matters properly relating thereto.

 

[Approved: March 27, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 1.140 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 526, Statutes of Nevada 1997, at page 2515, is hereby amended to read as follows:

    Sec. 1.140  Elective offices.

  1.  The elective officers of the city consist of:

  (a) A mayor.

  (b) One councilman from each ward.

  (c) Municipal judges.

  2.  The terms of office of the mayor [, councilmen and, except as is otherwise provided in subsection 3 of section 4.010 of this charter, municipal judges] and councilmen are 4 years.

  3.  Except as otherwise provided in subsection 3 of section 4.010 of this charter, the term of office of a municipal judge is 6 years.

    Sec. 2.  Section 4.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 454, Statutes of Nevada 1989, at page 967, is hereby amended to read as follows:

    Sec. 4.010  Municipal court.

  1.  There is a municipal court of the city which consists of at least two departments, each of which must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by chapters 5 and 266 of NRS which relate to municipal courts.

  2.  The city council may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.

  3.  At the first general election which follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of [2 or 4] not more than 6 years, as determined by the city council, in order to effectuate the intent of this provision that, as nearly as practicable, [one‑half] at least one-third of the number of municipal judges be elected every 2 years.

  4.  The respective departments of the municipal court must be numbered 1 through the appropriate arabic number, as additional departments are approved by the city council. A municipal judge must be elected for each department by number.

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

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ê2001 Statutes of Nevada, Page 11ê

 

CHAPTER 7, AB 107

Assembly Bill No. 107–Committee on Judiciary

 

CHAPTER 7

 

AN ACT relating to crimes; clarifying that a person convicted of a battery that constitutes domestic violence within 7 years before or after the principal offense has committed a prior offense for the purposes of determining a penalty; and providing other matters properly relating thereto.

 

[Approved: March 27, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 200.485 is hereby amended to read as follows:

  200.485  1.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:

  (a) For the first offense within [the immediately preceding] 7 years, is guilty of a misdemeanor and shall be sentenced to:

      (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

      (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.

  (b) For the second offense within [the immediately preceding] 7 years, is guilty of a misdemeanor and shall be sentenced to:

      (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

      (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

The person shall be further punished by a fine of not less than $500, but not more than $1,000.

  (c) For the third and any subsequent offense within [the immediately preceding] 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

  2.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

  (a) For the first offense within [the immediately preceding] 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

  (b) For the second offense within [the immediately preceding] 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.


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  3.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

  4.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.

  [4.] 5.  In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the bureau of alcohol and drug abuse in the department of human resources.

  [5.] 6.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

  [6.] 7.  For the purposes of this section:

  (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481; and

  (b) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

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

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ê2001 Statutes of Nevada, Page 13ê

 

CHAPTER 8, SB 7

Senate Bill No. 7–Senator Wiener

 

CHAPTER 8

 

AN ACT relating to children; authorizing a director of juvenile services to create and administer a fund to finance a program of restitution through work; limiting the amount that may be deducted from the wages of a child in a program of restitution through work; authorizing a director of juvenile services to create and administer a fund to finance a program of cognitive training and human development; and providing other matters properly relating thereto.

 

[Approved: April 2, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

  Sec. 2.  1.  To finance a program of restitution through work established pursuant to NRS 62.2185, a director of juvenile services may establish, with the county treasurer as custodian, a special fund to be known as the restitution through work fund.

  2.  All grants, gifts, donations, bequests and devises of money that a director of juvenile services is authorized to accept pursuant to NRS 62.2185 must be deposited with the county treasurer for credit to the fund.

  3.  The fund must be a separate and continuing fund, and no money in the fund reverts to the general fund of the county at any time. The interest earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

  4.  Expenditures from the fund must be used only for carrying out the provisions of NRS 62.2185 and expended, to the extent permitted by law, in accordance with the terms of the grant, gift, donation, bequest or devise. No expenditure from the fund may be made until authorized by the director of juvenile services.

  Sec. 3.  1.  To finance a program of cognitive training and human development established pursuant to NRS 62.2195, a director of juvenile services may establish, with the county treasurer as custodian, a special fund to be known as the cognitive training and human development fund.

  2.  All grants, gifts, donations, bequests and devises of money that a director of juvenile services is authorized to accept pursuant to NRS 62.2195 must be deposited with the county treasurer for credit to the fund.

  3.  The fund must be a separate and continuing fund, and no money in the fund reverts to the general fund of the county at any time. The interest earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

    4.  Expenditures from the fund must be used only for carrying out the provisions of NRS 62.2195 and expended, to the extent permitted by law, in accordance with the terms of the grant, gift, donation, bequest or devise. No expenditure from the fund may be made until authorized by the director of juvenile services.


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ê2001 Statutes of Nevada, Page 14 (Chapter 8, SB 7)ê

 

    Sec. 4.  NRS 62.020 is hereby amended to read as follows:

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

  1.  Except as otherwise provided in this subsection, “child” means a person who is:

  (a) Less than 18 years of age; or

  (b) Less than 21 years of age and subject to the jurisdiction of the juvenile court for an act of delinquency that was committed before the person reached 18 years of age.

The term does not include a person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62.040 or a person who is certified for criminal proceedings as an adult pursuant to NRS 62.080 or 62.081.

  2.  “Court” means the juvenile division of the district court.

  3.  “Director of juvenile services” means:

  (a) In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is designated pursuant to NRS 62.110;

  (b) In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to NRS 62.1225; or

  (c) In a judicial district that includes a county whose population is 400,000 or more:

      (1) The director of juvenile services who is appointed pursuant to NRS 62.123; or

      (2) The director of the department of family, youth and juvenile services, if such a department has been established in the judicial district pursuant to NRS 62.126 to 62.127, inclusive.

  4.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

  [4.] 5.  “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.

  [5.] 6.  “Judge” means the judge of the juvenile division of the district court.

  [6.] 7.  “Juvenile court” or “juvenile division” means:

  (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

  (b) In any other judicial district, the juvenile division of the district court.

  [7.] 8.  “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:

  (a) A violation of chapter 484 or 706 of NRS that causes the death of a person;

  (b) A violation of NRS 484.379; or

  (c) Any traffic offense declared to be a felony.

    Sec. 5.  NRS 62.2185 is hereby amended to read as follows:

  62.2185  1.  In addition to the options set forth in NRS 62.211 and 62.213, the court may order a child who is found to be within the purview of this chapter to participate in a program of restitution through work that is established pursuant to this section if the child:

  (a) Is 14 years of age or older;

  (b) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;


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ê2001 Statutes of Nevada, Page 15 (Chapter 8, SB 7)ê

 

  (c) Is ordered to provide restitution to a victim; and

  (d) Voluntarily agrees to participate in the program of restitution through work.

  2.  If the court orders a child to participate in a program of restitution through work, the court may order any or all of the following, in the following order of priority if practicable:

  (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child participates in the program or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or

  (b) The child to work on projects or perform public service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

  3.  A director of juvenile services may establish a program of restitution through work. A program of restitution through work must:

  (a) Include, without limitation, instruction in skills for employment and work ethics; and

  (b) Require a child who participates in the program to:

      (1) With the assistance of the program and if practicable, seek and obtain a position of employment with a public or private employer; and

      (2) Sign an authorization form that permits money to be deducted from the wages of the child to pay restitution. The director of juvenile services may prescribe the contents of the authorization form and may determine the amount of money to be deducted from the wages of the child to pay restitution [.] , but the director shall not require that more than 50 percent of the wages of the child be deducted to pay restitution.

  4.  A program of restitution through work may include, without limitation, cooperative agreements with public or private employers to make available positions of employment for a child who participates in the program.

  5.  A director of juvenile services may terminate participation by a child in a program of restitution through work for any lawful reason or purpose.

  6.  A director of juvenile services may:

  (a) Apply for , [and] accept and expend grants , [or] gifts , donations, bequests or devises to finance a program of restitution through work [;] in the manner provided in section 2 of this act; and

  (b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of restitution through work.

  7.  A director of juvenile services may designate a person to carry out the provisions of this section.

  8.  The provisions of this section do not:

  (a) Create a right on behalf of a child to participate in a program of restitution through work or to hold a position of employment; or

  (b) Establish a basis for any cause of action against the state or its officers or employees for denial of the ability to participate in or for removal from a program of restitution through work or for denial of or removal from a position of employment.

  [8.  As used in this section, “director of juvenile services” means:


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ê2001 Statutes of Nevada, Page 16 (Chapter 8, SB 7)ê

 

  (a) In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is designated pursuant to NRS 62.110;

  (b) In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to NRS 62.1225;

  (c) In a judicial district that includes a county whose population is 400,000 or more:

      (1) The director of juvenile services who is appointed pursuant to NRS 62.123; or

      (2) The director of the department of family, youth and juvenile services, if such a department has been established in the judicial district pursuant to NRS 62.126 to 62.127, inclusive; or

  (d) Any other person who is designated by a person listed in paragraph (a), (b) or (c) to carry out the provisions of this section.]

    Sec. 6.  NRS 62.2195 is hereby amended to read as follows:

  62.2195  1.  In addition to any other action authorized pursuant to the provisions of this chapter, the court may order a child who is found to be within the purview of this chapter to complete a program of cognitive training and human development pursuant to this section if:

  (a) The child has never been found to be within the purview of this chapter; and

  (b) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim.

  2.  If the court orders a child to complete a program of cognitive training and human development, the court may order any or all of the following, in the following order of priority if practicable:

  (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

  (b) The child to work on projects or perform public service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program; or

  (c) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

  3.  A program of cognitive training and human development must include, without limitation, education, instruction or guidance in one or more of the following subjects, as deemed appropriate by the court:

  (a) Motivation.

  (b) Habits, attitudes and conditioning.

  (c) Self-conditioning processes.

  (d) Developing a successful way of life.

  (e) The process of solving problems.

  (f) Emotions and emotional blocks.

  (g) Assurances and demonstrative maturity.

  (h) Family success.

  (i) Family relationships.


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ê2001 Statutes of Nevada, Page 17 (Chapter 8, SB 7)ê

 

  (j) Interfamilial understanding and communications.

  (k) Financial stability.

  (l) Effective communications.

  (m) Conflict resolution.

  (n) Anger management.

  (o) Obtaining and retaining employment.

  4.  A director of juvenile services may:

  (a) Apply for , [and] accept and expend grants , [or] gifts , donations, bequests or devises to finance a program of cognitive training and human development [;] in the manner provided in section 3 of this act; and

  (b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of cognitive training and human development.

  5.  [As used in this section, “director of juvenile services” means:

  (a) In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is designated pursuant to NRS 62.110;

  (b) In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to NRS 62.1225;

  (c) In a judicial district that includes a county whose population is 400,000 or more:

      (1) The director of juvenile services who is appointed pursuant to NRS 62.123; or

      (2) The director of the department of family, youth and juvenile services, if such a department has been established in the judicial district pursuant to NRS 62.126 to 62.127, inclusive; or

  (d) Any other person who is designated by a person listed in paragraph (a), (b) or (c) to carry out the provisions of this section.] A director of juvenile services may designate a person to carry out the provisions of this section.

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

________

 

CHAPTER 9, SB 16

Senate Bill No. 16–Senator Rhoads

 

CHAPTER 9

 

AN ACT relating to real property; requiring the seller of a home or improved lot that is adjacent to open range to disclose to the purchaser information regarding grazing on open range; providing that compliance with the requirement of disclosure constitutes an affirmative defense in certain actions brought against the seller; and providing other matters properly relating thereto.

 

[Approved: April 2, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Before the purchaser of a home or improved lot that is adjacent to open range signs a sales agreement, the seller shall, by separate written document, disclose to the purchaser information regarding grazing on the open range.


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ê2001 Statutes of Nevada, Page 18 (Chapter 9, SB 16)ê

 

document, disclose to the purchaser information regarding grazing on the open range. The written document must contain a statement with the following language:

This property is adjacent to open range on which livestock are permitted to graze or roam. Unless you construct a fence that will prevent livestock from entering this property, livestock may enter the property and you will not be entitled to collect damages because the livestock entered the property. Regardless of whether you construct a fence, it is unlawful to kill, maim or injure livestock that have entered this property.

    2.  The seller shall retain a copy of the disclosure document that has been signed by the purchaser acknowledging the date of receipt by the purchaser of the original document.

    3.  Compliance with this section by a seller constitutes an affirmative defense in any action brought against the seller by the purchaser based upon any damages allegedly suffered as the result of livestock entering the property.

    4.  As used in this section, “open range” has the meaning ascribed to it in NRS 568.355.

________

 

CHAPTER 10, SB 29

Senate Bill No. 29–Committee on Judiciary

 

CHAPTER 10

 

AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in and repealing certain provisions in Statutes of Nevada; and providing other matters properly relating thereto.

 

[Approved: April 2, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 20.015 is hereby amended to read as follows:

  20.015  Whenever a party to an action or proceeding desires to give an undertaking pursuant to any provision of Titles 2 to 6 of NRS, it is sufficient if the sureties sign an undertaking indicating that they are bound to the obligations imposed by the statute under which the undertaking is given. Such undertaking may be in substantially the following form:

 

UNDERTAKING

 

State of Nevada...................................... }

      }ss.

County of................................................. }

 

  In the ............................... court ................................ (state title of the action). Whereas the above named ................................ desires to give an undertaking for ................................ (state purpose) as provided by NRS ................ Now, therefore, we the undersigned sureties, do hereby obligate ourselves, jointly and severally to ................................


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ê2001 Statutes of Nevada, Page 19 (Chapter 10, SB 29)ê

 

ourselves, jointly and severally to ................................ (name the obligee) under the provisions of NRS ................ in the sum of $............. Dated this ............. day of […………, A.D. 19…..] the month of .....……. of the year …….

 

     

  (Signature of Principal)

 

     

 

     

  (Signature of Sureties)

 

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

  21.025  A writ of execution issued on a judgment for the recovery of money must be substantially in the following form:

 

(Title of the Court)

(Number and abbreviated title of the case)

  EXECUTION

 

THE PEOPLE OF THE STATE OF NEVADA:

 

To the sheriff of ................................ County.

 

Greetings:

 

On [……………., 19….,] ....……..(month)......(day)......(year), a judgment was entered by the above-entitled court in the above-entitled action in favor of ........................ as judgment creditor and against ....................... as judgment debtor for:

 

$    principal,

$    attorney’s fees,

$    interest, and

$    costs, making a total amount of

$    the judgment as entered, and

 

  WHEREAS, according to an affidavit or a memorandum of costs after judgment, or both, filed herein, it appears that further sums have accrued since the entry of judgment, to wit:

 

$    accrued interest, and

$    accrued costs, together with $........ fee, for the issuance of this writ, making a total of

$    as accrued costs, accrued interest and fees.

Credit must be given for payments and partial satisfactions in the amount of

$   

which is to be first credited against the total accrued costs and accrued interest, with any excess credited against the judgment as entered, leaving a net balance of

$   


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

ê2001 Statutes of Nevada, Page 20 (Chapter 10, SB 29)ê

 

actually due on the date of the issuance of this writ, of which

$   

bears interest at ........ percent per annum, in the amount of $........ per day, from the date of judgment to the date of levy, to which must be added the commissions and costs of the officer executing this writ.

 

  NOW, THEREFORE, SHERIFF OF ........................................ COUNTY, you are hereby commanded to satisfy this judgment with interest and costs as provided by law, out of the personal property of the judgment debtor, except that for any pay period, 75 percent of the disposable earnings of the debtor during this period or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to the debtor in the aforesaid county, and make return to this writ within not less than 10 days nor more than 60 days endorsed thereon with what you have done.

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

........................., Clerk.

By,......................... Deputy Clerk.

 

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

  31.290  1.  The interrogatories to the garnishee may be in substance as follows:

 

INTERROGATORIES

 

  Are you in any manner indebted to the defendants         

.........................................................................................................................................

  ,

or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars.

  Answer:.....................................................

.........................................................................................................................................

  Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount each defendant presently earns during a pay period.

  Answer:.....................................................

.........................................................................................................................................

  Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ............................ is interested? If so, state its value, and state fully all particulars.

  Answer:.....................................................

.........................................................................................................................................

  Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ............... or in which ........................... is interested, and now in the possession or under the control of others?


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ê2001 Statutes of Nevada, Page 21 (Chapter 10, SB 29)ê

 

and now in the possession or under the control of others? If so, state particulars.

  Answer:.....................................................

.........................................................................................................................................

  State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.

  Answer:.....................................................

.........................................................................................................................................

     

  Garnishee

  I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.

     

  (Signature of garnishee)

 

  SUBSCRIBED and SWORN to before me this ........ day of [……………, 19….] the month of …………… of the year ........

 

  2.  The garnishee shall answer the interrogatories in writing upon oath or affirmation and file his answers or cause them to be filed in the proper court within the time required by the writ. If he fails to do so, he shall be deemed in default.

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

  34.735  A petition must be in substantially the following form, with appropriate modifications if the petition is filed in the supreme court:

 

Case No.......................................................

Dept. No......................................................

 

 

IN THE .................. JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF..................

 

...............................................

  Petitioner,

 

 

  v. PETITION FOR WRIT

      OF HABEAS CORPUS

      (POST-CONVICTION)

...............................................

  Respondent.

 

INSTRUCTIONS:

  (1) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.

  (2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.


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ê2001 Statutes of Nevada, Page 22 (Chapter 10, SB 29)ê

 

  (3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.

  (4) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the department of prisons, name the warden or head of the institution. If you are not in a specific institution of the department but within its custody, name the director of the department of prisons.

  (5) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.

  (6) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed. If your petition contains a claim of ineffective assistance of counsel, that claim will operate to waive the attorney-client privilege for the proceeding in which you claim your counsel was ineffective.

  (7) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you were convicted. One copy must be mailed to the respondent, one copy to the attorney general’s office, and one copy to the district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence. Copies must conform in all particulars to the original submitted for filing.

 

PETITION

 

  1.  Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty: ...............................................

.........................................................................................................................................

  2.  Name and location of court which entered the judgment of conviction under attack:         

.........................................................................................................................................

  3.  Date of judgment of conviction: ...

  4.  Case number: ....................................

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

.........................................................................................................................................

  (b) If sentence is death, state any date upon which execution is scheduled:

.........................................................................................................................................

  6.  Are you presently serving a sentence for a conviction other than the conviction under attack in this motion? Yes ........ No ........

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

.........................................................................................................................................

.........................................................................................................................................

  7.  Nature of offense involved in conviction being challenged:             

.........................................................................................................................................

  8.  What was your plea? (check one)

  (a) Not guilty ........

  (b) Guilty ........


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ê2001 Statutes of Nevada, Page 23 (Chapter 10, SB 29)ê

 

  (c) Guilty but mentally ill .......

  (d) Nolo contendere ........

  9.  If you entered a plea of guilty or guilty but mentally ill to one count of an indictment or information, and a plea of not guilty to another count of an indictment or information, or if a plea of guilty or guilty but mentally ill was negotiated, give details:

.........................................................................................................................................

.........................................................................................................................................

  10.  If you were found guilty after a plea of not guilty, was the finding made by: (check one)

  (a) Jury ........

  (b) Judge without a jury ........

  11.  Did you testify at the trial? Yes ........ No ........

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

  13.  If you did appeal, answer the following:

  (a) Name of court: .................................

  (b) Case number or citation: ................

  (c) Result: .................................................

  (d) Date of result: ...................................

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

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

.........................................................................................................................................

.........................................................................................................................................

  15.  Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes ........ No ........

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

  (a)(1) Name of court: ............................

      (2) Nature of proceeding: .................

.........................................................................................................................................

      (3) Grounds raised: ............................

.........................................................................................................................................

.........................................................................................................................................

      (4) Did you receive an evidentiary hearing on your petition, application or motion?

Yes ........ No ........

      (5) Result: ............................................

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

      (7) If known, citations of any written opinion or date of orders entered pursuant to such result:         

.........................................................................................................................................

  (b) As to any second petition, application or motion, give the same information:

      (1) Name of court: .............................

      (2) Nature of proceeding: .................

      (3) Grounds raised: ............................

      (4) Did you receive an evidentiary hearing on your petition, application or motion?

Yes ........ No ........

      (5) Result: ............................................


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ê2001 Statutes of Nevada, Page 24 (Chapter 10, SB 29)ê

 

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

      (7) If known, citations of any written opinion or date of orders entered pursuant to such result:         

.........................................................................................................................................

  (c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.

  (d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?

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

            Citation or date of decision: .......

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

            Citation or date of decision: .......

      (3) Third or subsequent petitions, applications or motions? Yes ....... No ........

            Citation or date of decision: .......

  (e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)

.........................................................................................................................................

.........................................................................................................................................

  17.  Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, motion, application or any other post-conviction proceeding? If so, identify:

  (a) Which of the grounds is the same:

.........................................................................................................................................

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

.........................................................................................................................................

  (c) Briefly explain why you are again raising these grounds. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)   

.........................................................................................................................................

  18.  If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ...................

.........................................................................................................................................

  19.  Are you filing this petition more than 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)                    

.........................................................................................................................................


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ê2001 Statutes of Nevada, Page 25 (Chapter 10, SB 29)ê

 

  20.  Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes ........ No ........

If yes, state what court and the case number:                     

.........................................................................................................................................

  21.  Give the name of each attorney who represented you in the proceeding resulting in your conviction and on direct appeal:

.........................................................................................................................................

  22.  Do you have any future sentences to serve after you complete the sentence imposed by the judgment under attack? Yes ........ No ........

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

.........................................................................................................................................

  23.  State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting same.

  (a) Ground one: ......................................

.........................................................................................................................................

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

.........................................................................................................................................

.........................................................................................................................................

  (b) Ground two: ......................................

.........................................................................................................................................

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

.........................................................................................................................................

.........................................................................................................................................

  (c) Ground three: ....................................

.........................................................................................................................................

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

.........................................................................................................................................

.........................................................................................................................................

  (d) Ground four: .....................................

.........................................................................................................................................

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

.........................................................................................................................................

.........................................................................................................................................

  WHEREFORE, petitioner prays that the court grant petitioner relief to which he may be entitled in this proceeding.

  EXECUTED at ................... on the ....... day of […………, 19….] the month of ....... of the year .......

 

     

  Signature of petitioner

     

  Address

.........................................................

  Signature of attorney (if any)

.........................................................

  Attorney for petitioner

.........................................................

  Address

 


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ê2001 Statutes of Nevada, Page 26 (Chapter 10, SB 29)ê

 

VERIFICATION

 

  Under penalty of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and as to such matters he believes them to be true.

 

 

     

  Petitioner

     

  Attorney for petitioner

 

CERTIFICATE OF SERVICE BY MAIL

 

  I, ................................, hereby certify pursuant to N.R.C.P. 5(b), that on this ........ day of [……………, 19….,] the month of ........ of the year ........, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:

 

     

  Respondent prison or jail official

     

  Address

     

Attorney General

Heroes’ Memorial Building

Capitol Complex

Carson City, Nevada 89710

     

  District Attorney of County of Conviction

     

  Address

 

     

  Signature of Petitioner

 

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

  34.830  1.  Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, must contain specific findings of fact and conclusions of law supporting the decision of the court.

  2.  A copy of any decision or order discharging the petitioner from the custody or restraint under which he is held, committing him to the custody of another person, dismissing the petition or denying the requested relief must be served by the clerk of the court upon the petitioner and his counsel, if any, the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.

  3.  Whenever a decision or order described in this section is entered by the district court, the clerk of the court shall prepare a notice in substantially the following form and mail a copy of the notice to each person listed in subsection 2:

 


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ê2001 Statutes of Nevada, Page 27 (Chapter 10, SB 29)ê

 

Case No.......................................................

Dept. No......................................................

 

IN THE ....... JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

 

.........................................................

  Petitioner,

 

  v. NOTICE OF ENTRY OF

      DECISION OR ORDER

 

.........................................................

  Respondent.

 

  PLEASE TAKE NOTICE that on [……….., 19….,] ..... (month) ..... (day) ..... (year), the court entered a decision or order in this matter, a true and correct copy of which is attached to this notice.

  You may appeal to the supreme court from the decision or order of this court. If you wish to appeal, you must file a notice of appeal with the clerk of this court within 33 days after the date this notice is mailed to you. This notice was mailed on […………, 19….] ..... (month) ..... (day) ..... (year)

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

     

  Clerk of court

(SEAL)  By ................................................

  Deputy

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

  41.331  As used in NRS 41.331 to 41.338, inclusive, [except where] unless the context otherwise requires, the words and terms defined in NRS 41.332 to 41.335, inclusive, have the meanings ascribed to them in [NRS 41.332 to 41.335, inclusive.] those sections.

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

  52.260  1.  The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit.

  2.  The custodian of the record or other qualified person must verify in the affidavit that the record was made:

  (a) At or near the time of the act, event, condition, opinion or diagnosis concerning which the information was recorded, by or from information transmitted by a person with knowledge of the act or event; and

  (b) In the course of the regularly conducted activity.

  3.  The affidavit required by subsection 2 must be in substantially the following form:

 


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ê2001 Statutes of Nevada, Page 28 (Chapter 10, SB 29)ê

 

CERTIFICATE OF CUSTODIAN OF RECORDS

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  NOW COMES ................................, who after first being duly sworn deposes and says:

  1.  That the deponent is the ................ (position or title) ................ of ............... (name of employer) ................ and in his capacity as .............. (position or title) ................ is a custodian of the records of ............. (name of employer) ................

  2.  That ................. (name of employer) ................ is licensed to do business as a ................... in the State of ................

  3.  That on the ....... day of [……………, 19….,] the month of ....... of the year ......., the deponent was served with a subpoena in connection with the above-entitled cause, calling for the production of records pertaining to             

.........................................................................................................................................

.........................................................................................................................................

  4.  That the deponent has examined the original of those records and has made or caused to be made a true and exact copy of them and that the reproduction of them attached hereto is true and complete.

  5.  That the original of those records was made at or near the time of the act, event, condition, opinion or diagnosis recited therein by or from information transmitted by a person with knowledge, in the course of a regularly conducted activity of the deponent or ............ (name of employer) ................

.........................................................................

 

Subscribed and sworn to before me, a Notary Public, on this ....... day of [……………, 19…..] the month of ....... of the year .......

.........................................................................................................................................

Notary Public ................ County, Nevada

My appointment expires:........................

 

  4.  A party intending to offer an affidavit pursuant to this section must serve on the other parties a notice of the intent and make available for inspection or copying the records of the regularly conducted activity at least 10 days before the records are to be introduced at a hearing, unless the court shortens this time for good cause shown.

  5.  If during a trial or a proceeding for discovery, the authenticity of a record of a regularly conducted activity is reasonably questioned or if an interpretation of handwriting is in question, the court may order the personal attendance of the custodian of the record or other qualified person and may order that the original records be produced.

  6.  For the purposes of this section:

  (a) “Custodian of the records” means an employee or agent of an employer who has the care, custody and control of the records of the regularly conducted activity of the employer.

  (b) “Employer” means:

      (1) The State of Nevada, any state agency, county, city, town, school district or other unit of local government;


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ê2001 Statutes of Nevada, Page 29 (Chapter 10, SB 29)ê

 

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

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

  (c) “Records” means memoranda, reports, records or compilations of data in any form which are kept in the course of an activity which is regularly conducted by an employer.

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

  68.010  The justice, on demand of a party in whose favor judgment is rendered, must give him an abstract of the judgment in substantially the following form (filling blanks according to the facts):

 

  State of Nevada, ................ county, ................, plaintiff, v. ................, defendant. In justice’s court, before ................, justice of the peace, ................ township (or city), county ................[, 19….] (inserting date of abstract). Judgment entered for plaintiff (or defendant) for $....., on the ..... day of ........ I certify that the foregoing is a correct abstract of a judgment rendered in the action in my court, ................, or (as the case may be) in the court of ................, justice of the peace, as appears by his docket, now in my possession, as his successor in office.

 

  ,

  Justice of the Peace.

 

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

  108.2415  The debtor of the lien claimant or a party in interest in the premises subject to the lien must obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in this state, as surety, in substantially the following form:

 

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

 

WHEREAS, ................................ (name of owner, contractor, or other person disputing lien) desires to give a bond for releasing the following described real property from that certain claim of mechanic’s lien in the sum of $................ recorded [……………, 19….,] ..... (month) ..... (day) ..... (year) in the office of the recorder in ................................ (name of county where the real property is situated):

(legal description)

NOW, THEREFORE, the undersigned principal and surety do hereby obligate themselves to the claimant named in the mechanic’s lien, ................................, (name of claimant) under the conditions prescribed by NRS 108.2413 to 108.2425, inclusive, in the sum of $................ (1 1/2 x claim), from which sum they will pay the claimant such amount as a court of competent jurisdiction may adjudge to have been secured by his lien, with interest, costs and attorney’s fees.

IN TESTIMONY WHEREOF, the principal and surety have executed this bond at ................................, Nevada, on the ....... day of [……………, 19…..] the month of ....... of the year .......

 

     

  (Signature of Principal)

 


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ê2001 Statutes of Nevada, Page 30 (Chapter 10, SB 29)ê

 

(SURETY CORPORATION)

BY........………....................

(Its Attorney in Fact)

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  On [……………, 19….,] ..... (month) ..... (day) ..... (year) before me, the undersigned, a notary public of this county and state, personally appeared ................................. who acknowledged that he executed the foregoing instrument as principal for the purposes therein mentioned and also personally appeared ................................ known (or satisfactorily proved) to me to be the attorney in fact of the corporation that executed the foregoing instrument, known to me to be the person who executed that instrument on behalf of the corporation therein named, and he acknowledged to me that that corporation executed the foregoing instrument.

 

.................................................................

  (Notary Public in and for

  the County and State)

 

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

  108.2437  1.  As soon as practicable, but not later than 10 days after a lien of record upon real property pursuant to NRS 108.221 to 108.246, inclusive, is satisfied or discharged, the lienor shall cause to be recorded a discharge or release of the lien in substantially the following form:

 

DISCHARGE OR RELEASE OF LIEN

 

NOTICE IS HEREBY GIVEN THAT:

      The undersigned did, on the ....... day of [……………, 19….,] the month of ....... of the year ......., record in Book ............, as Document No. ............, in the office of the county recorder of ............. County, Nevada, its Notice of Lien, or has otherwise given notice of his intention to hold and claim a lien upon the following described property, owned or purportedly owned by ..............., situated in the County of ............, State of Nevada, to wit:

 

(Legal Description or Address of the Property)

 

      NOW, THEREFORE, for valuable consideration the undersigned does release, satisfy and discharge the claim or lien on the property described above by reason of such Notice of Lien, or by reason of the work and labor on, or materials furnished for, that property.

 

     

      (Signature of Lienor)

 

  2.  If the lienor fails to comply with the provisions of subsection 1, he is liable in a civil action to the owner of the real property, his heirs or assigns for any actual damages caused by his failure to comply with those provisions or $100, whichever is greater, and for a reasonable attorney’s fee and the costs of bringing the action.


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ê2001 Statutes of Nevada, Page 31 (Chapter 10, SB 29)ê

 

or $100, whichever is greater, and for a reasonable attorney’s fee and the costs of bringing the action.

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

  108.620  The form of the notice required by NRS 108.610 must be substantially as follows:

 

  Notice is hereby given that ................................ has rendered services in hospitalization for ................................, a person who was injured on the ....... day of [……………, 19….,] the month of ....... of the year ....... in the city of ................, county of ................................, on or about the ....... day of [……………, 19….;] the month of ....... of the year .......; and that ................................ (name of claimant) hereby claims a lien upon any money due or owing or any claim for compensation, damages, contribution, settlement or judgment from ................................, alleged to have caused the injuries, or any other person, corporation or association liable for the injury. The hospitalization was rendered to the injured person between the ....... day of [……………, 19….,] the month of ....... of the year ....... and the ....... day of [……………, 19….] the month of ....... of the year .......

 

Itemized Statement

 

                                                                      

                                                                      

                                                                      

                                                                      

 

That 90 days have not elapsed since the termination of hospitalization; that the claimant’s demands for such care or service is in the sum of $................ and that no part thereof has been paid except $................; and that there is now due and owing and remaining unpaid of such sum, after deducting all credits and offsets, the sum of $................, in which amount lien is hereby claimed.

 

      , Claimant.

 

State of Nevada...................................... }

  }ss.

County of................................................. }

  I, ................................, being first duly sworn, on oath say:

That I am ................................, named in the foregoing claim of lien; that I have read the same and know the contents thereof and believe the same to be true.

 

     

 

Subscribed and sworn to before me this ....... day of [……………, 19….] the month of ....... of the year .......

...........................................................................................................

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

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

  122.050  The marriage license must be substantially in the following form:


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ê2001 Statutes of Nevada, Page 32 (Chapter 10, SB 29)ê

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  These presents are to authorize any minister who has obtained a certificate of permission, any supreme court justice or district judge within this state, or justice of the peace within a township wherein he is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.

  Witness my hand and the seal of the county, this ..... day of [………… A.D. 19…..] the month of ………. of the year ............

 

     

(Seal) Clerk

 

     

  Deputy clerk

 

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

  122.120  1.  After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage.

  2.  The certificate of marriage must be in substantially the following form:

 

State of Nevada

Marriage Certificate

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  This is to certify that the undersigned, ................................ (a minister of the gospel, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of […………, A.D. 19….,] the month of ………. of the year ...............,


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ê2001 Statutes of Nevada, Page 33 (Chapter 10, SB 29)ê

 

as the case may be), did on the ................ day of […………, A.D. 19….,] the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join in lawful wedlock ................ (name), of ................ (city), State of ................ and ................ (name), of ................(city), State of ................ with their mutual consent, in the presence of ................ and ................ (witnesses).

 

     

  Signature of person performing

(Seal of County Clerk)....... the marriage

 

     

  Name under signature typewritten

  or printed in black ink

 

.............................................................

  County Clerk

 

     

  Official title of person performing

  the marriage

 

.............................................................

 

.............................................................

  Couple’s mailing address

 

  3.  All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.

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

  127.055  1.  Any or all of the attesting witnesses to any consent to adoption may, at the request of the person or persons who executed the consent, make and sign an affidavit before any person authorized to administer oaths in this state, stating such facts as they would be required to testify to in court to prove the due execution of the consent to adoption. The affidavit must be written on the consent to adoption, or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court in any action or proceeding relating to the validity or due execution of the consent to adoption as if it had been taken before the court.

  2.  The affidavit described in subsection 1 may be substantially in the following form:

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  (Date) 

 


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ê2001 Statutes of Nevada, Page 34 (Chapter 10, SB 29)ê

 

  Then and there personally appeared the within-named ................ and ................, who, being duly sworn, depose and say: That they witnessed the execution of the within consent to adoption by ................ (name of person or persons consenting); that she (he or they) subscribed the consent to adoption and declared the same to be a voluntary consent to adoption in their presence; that at the time the consent to adoption was executed it contained the names of the person or persons to whom consent was thereby given to adopt the child; that they thereafter subscribed the same as witnesses in the presence of ................ (name of person or persons consenting) and in the presence of each other and at the request of ................ (name of person or persons consenting); that at the time of the execution of the consent to adoption ................ (name of person or persons consenting) acknowledged to them that she (he or they) was (were), and she (he or they) appeared to them to be, in full possession of her (his or their) faculties and not under the influence of any drug or sedative or subject to any duress, fear, menace, compulsion or undue influence whatever; and that they make this affidavit at her (his or their) request.

 

     

     

 

Subscribed and sworn to before me this ....... day of […………, 19…..] the month of ....... of the year ……..

 

.........................................................................................................................................

Notary Public

 

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

  128.080  The notice must be in substantially the following form:

 

  In the .................... Judicial District Court of the State of Nevada,

      in and for the County of .........................

 

In the matter of parental rights

as to ........................, a minor.

 

Notice

 

  To ........................, the father or ........................, the mother of the above-named person; or, to the father and mother of the above-named person, and to all persons claiming to be the father or mother of this person; or, to ........................, related to the above-named minor as ........................; and, to ........................, the legal custodian or guardian of the above-named minor:

  You are hereby notified that there has been filed in the above-entitled court a petition praying for the termination of parental rights over the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ........................, in the County of ........................, on the .......... day of […………, 19….,] the month of ………. of the year ....... at........ o’clock ........m., at which time and place you are required to be present if you desire to oppose the petition.

 


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ê2001 Statutes of Nevada, Page 35 (Chapter 10, SB 29)ê

 

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

 

     

  Clerk of court.

 

(SEAL)

  By   

  Deputy.

 

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

  129.100  1.  After a petition has been filed, unless the person to be served voluntarily appears and consents to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition, stating the time and date set for the hearing of the petition, and requiring the person served with the notice to appear before the court at the hearing if he desires to oppose the petition.

  2.  The notice issued pursuant to subsection 1 must be in substantially the following form:

 

  In the ................................ Judicial District Court of the State of Nevada,

  in and for the County of ................................

 

In the matter of the emancipation

of ................................, a minor.

 

Notice

 

  To ................................, the father or ................................, the mother of the above-named minor; or, to the father and mother of the above-named minor; or, to ................................, the legal guardian of the above-named minor; or, to ................................, related to the above-named minor as ...............................:

  You are hereby notified that there has been filed in the above-entitled court a petition praying for the emancipation of the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ................................, in the County of ................................, on the .......... day of […………, 19….,] the month of ………. of the year ....... at .......... o’clock ...m., at which time and place you are required to be present if you desire to oppose the petition.

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

 

     

  Clerk of court.

(SEAL)

  By   

  Deputy.

 

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

  159.075  When a guardian has taken the official oath and filed a bond as provided herein, the court shall cause to be issued letters of guardianship to the guardian. Letters of guardianship may be in the following form:

 


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

ê2001 Statutes of Nevada, Page 36 (Chapter 10, SB 29)ê

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

To All To Whom These Presents Come, Greeting:

  Know Ye, that on [……………, (month) (day) 19….,] .......... (month) .......... (day) ..........(year) the ................ Judicial District Court, ................ County, State of Nevada, appointed......................... (name of guardian) ...........................(guardian of the person or estate or person and estate or special guardian) for ........................, (name of ward) a(n) ........................., (minor or adult) that the named guardian has qualified and has the authority and shall perform the duties of ...................................................... ....................... (guardian of the person or estate or person and estate or special guardian) for the named ward as provided by law.

 

In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of the court at my office on [……………, (month) (day) 19…..] .......... (month) .......... (day) .......... (year).

 

     

  Clerk

(SEAL)

     

  Deputy clerk

 

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

  174.063  1.  If a plea of guilty is made in a written plea agreement, the agreement must be substantially in the following form:

 

Case No.......................................................

Dept. No......................................................

 

IN THE .................. JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF.............,

 

The State of Nevada

  PLAINTIFF,

 

  v.

 

(Name of defendant)

  DEFENDANT.

 

GUILTY PLEA AGREEMENT

  I hereby agree to plead guilty to: (List charges to which defendant is pleading guilty), as more fully alleged in the charging document attached hereto as Exhibit 1.

  My decision to plead guilty is based upon the plea agreement in this case which is as follows:

  (State the terms of the agreement.)

 


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ê2001 Statutes of Nevada, Page 37 (Chapter 10, SB 29)ê

 

CONSEQUENCES OF THE PLEA

  I understand that by pleading guilty I admit the facts which support all the elements of the offenses to which I now plead as set forth in Exhibit 1.

  I understand that as a consequence of my plea of guilty I may be imprisoned for a period of not more than (maximum term of imprisonment) and that I (may or will) be fined up to (maximum amount of fine). I understand that the law requires me to pay an administrative assessment fee.

  I understand that, if appropriate, I will be ordered to make restitution to the victim of the offenses to which I am pleading guilty and to the victim of any related offense which is being dismissed or not prosecuted pursuant to this agreement. I will also be ordered to reimburse the State of Nevada for expenses related to my extradition, if any.

  I understand that I (am or am not) eligible for probation for the offense to which I am pleading guilty. (I understand that, except as otherwise provided by statute, the question of whether I receive probation is in the discretion of the sentencing judge, or I understand that I must serve a mandatory minimum term of (term of imprisonment) or pay a minimum mandatory fine of (amount of fine) or serve a mandatory minimum term (term of imprisonment) and pay a minimum mandatory fine of (amount of fine).)

  I understand that if more than one sentence of imprisonment is imposed and I am eligible to serve the sentences concurrently, the sentencing judge has the discretion to order the sentences served concurrently or consecutively.

  I understand that information regarding charges not filed, dismissed charges or charges to be dismissed pursuant to this agreement may be considered by the judge at sentencing.

  I have not been promised or guaranteed any particular sentence by anyone. I know that my sentence is to be determined by the court within the limits prescribed by statute. I understand that if my attorney or the State of Nevada or both recommend any specific punishment to the court, the court is not obligated to accept the recommendation.

  I understand that the division of parole and probation of the department of motor vehicles and public safety may or will prepare a report for the sentencing judge before sentencing. This report will include matters relevant to the issue of sentencing, including my criminal history. I understand that this report may contain hearsay information regarding my background and criminal history. My attorney (if represented by counsel) and I will each have the opportunity to comment on the information contained in the report at the time of sentencing.

 

WAIVER OF RIGHTS

  By entering my plea of guilty, I understand that I have waived the following rights and privileges:

  1.  The constitutional privilege against self-incrimination, including the right to refuse to testify at trial, in which event the prosecution would not be allowed to comment to the jury about my refusal to testify.

  2.  The constitutional right to a speedy and public trial by an impartial jury, free of excessive pretrial publicity prejudicial to the defense, at which trial I would be entitled to the assistance of an attorney, either appointed or retained. At trial, the state would bear the burden of proving beyond a reasonable doubt each element of the offense charged.


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ê2001 Statutes of Nevada, Page 38 (Chapter 10, SB 29)ê

 

  3.  The constitutional right to confront and cross-examine any witnesses who would testify against me.

  4.  The constitutional right to subpoena witnesses to testify on my behalf.

  5.  The constitutional right to testify in my own defense.

  6.  The right to appeal the conviction, with the assistance of an attorney, either appointed or retained, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings and except as otherwise provided in subsection 3 of NRS 174.035.

 

VOLUNTARINESS OF PLEA

  I have discussed the elements of all the original charges against me with my attorney (if represented by counsel) and I understand the nature of these charges against me.

  I understand that the state would have to prove each element of the charge against me at trial.

  I have discussed with my attorney (if represented by counsel) any possible defenses and circumstances which might be in my favor.

  All of the foregoing elements, consequences, rights and waiver of rights have been thoroughly explained to me by my attorney (if represented by counsel).

  I believe that pleading guilty and accepting this plea bargain is in my best interest and that a trial would be contrary to my best interest.

  I am signing this agreement voluntarily, after consultation with my attorney (if represented by counsel) and I am not acting under duress or coercion or by virtue of any promises of leniency, except for those set forth in this agreement.

  I am not now under the influence of intoxicating liquor, a controlled substance or other drug which would in any manner impair my ability to comprehend or understand this agreement or the proceedings surrounding my entry of this plea.

  My attorney (if represented by counsel) has answered all my questions regarding this guilty plea agreement and its consequences to my satisfaction and I am satisfied with the services provided by my attorney.

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

 

     

  Defendant.

 

Agreed to on this .......... day of [………, 19…..] the month of ………. of the year …….

 

.......................................................

  Deputy District Attorney.

 

  2.  If the defendant is represented by counsel, the written plea agreement must also include a certificate of counsel that is substantially in the following form:

 


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

ê2001 Statutes of Nevada, Page 39 (Chapter 10, SB 29)ê

 

CERTIFICATE OF COUNSEL

  I, the undersigned, as the attorney for the defendant named herein and as an officer of the court hereby certify that:

  1.  I have fully explained to the defendant the allegations contained in the charges to which guilty pleas are being entered.

  2.  I have advised the defendant of the penalties for each charge and the restitution that the defendant may be ordered to pay.

  3.  All pleas of guilty offered by the defendant pursuant to this agreement are consistent with all the facts known to me and are made with my advice to the defendant and are in the best interest of the defendant.

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

  (a) Is competent and understands the charges and the consequences of pleading guilty as provided in this agreement.

  (b) Executed this agreement and will enter all guilty pleas pursuant hereto voluntarily.

  (c) Was not under the influence of intoxicating liquor, a controlled substance or other drug at the time of the execution of this agreement.

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

 

.................................................................

  Attorney for defendant.

 

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

  179.320  A warrant of arrest may be in substantially the following form:

 

Warrant of Arrest

 

  County of ............................... The State of Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this state: A complaint, upon oath, has been this day laid before me by A. B. that the crime of (designate it) has been committed, and accusing C. D. thereof; you are therefore commanded forthwith to arrest the above-named C. D. and bring him before me at (naming the place), or, in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

 

  Dated at ............................., this ....... day of […………, 19…..] the month of ............ of the year .......

 

.............................................................................

  (Signature and official title of magistrate)

 

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

  179.325  A summons may be in substantially the following form:

 

Summons

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

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


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

ê2001 Statutes of Nevada, Page 40 (Chapter 10, SB 29)ê

 

  You are hereby summoned to appear before me at (naming the place) on (specifying the day and hour), to answer a charge made against you upon the complaint of A. B. for (designating the offense generally).

 

  Dated at .............................., this ....... day of […………, 19…..] the month of ........... of the year .......

 

.............................................................................

  (Signature and official title of magistrate)

 

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

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

Search Warrant

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  The State of Nevada, to any peace officer in the county of ................. Proof by affidavit having been made before me by (naming every person whose affidavit has been taken) that (stating the grounds or probable cause for issuance).

  You are hereby commanded to search (naming the person or describing with reasonable particularity the place to be searched) for the following property (describing it with reasonable particularity), making the search (in the daytime or at any time, as determined by the magistrate) and if any such property is found there to seize it, prepare a written inventory of the property seized and bring the property before me (or another designated magistrate).

  Dated at .............................., this ....... day of […………, 19…..] the month of ........... of the year .......

 

.............................................................................

  (Signature and official title of magistrate)

 

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

  179.340  An undertaking for bail after arrest and before preliminary examination may be in substantially the following form:

 

Undertaking

 

  A warrant having been issued on the ........ day of […………, A.D. 19….,] the month of ............ of the year ......., by ........................, a justice of the peace of ........................ County, for the arrest of ........................ (stating name of the accused), upon a charge of ........................ (stating briefly the nature of the offense), upon which he has been arrested and duly ordered admitted to bail in the sum of .................. dollars and ordered to appear before the magistrate who issued the warrant, we, ......................., of ........................, and ........................ (stating their names and place of residence), hereby undertake that the above-named ........................ shall appear and answer the charge above mentioned, at ............. o’clock ...m., on the ....... day of […………, A.D. 19….,] the month of ........... of the year ......., before ........................, the magistrate issuing the warrant, at his office in .....................,


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

ê2001 Statutes of Nevada, Page 41 (Chapter 10, SB 29)ê

 

in ....................., ..................... County, State of Nevada, and that the above-named (insert name of accused) shall appear and answer the charge above mentioned in whatever court and before whatever magistrate it may be prosecuted, or before which he may be required to appear by law, and shall at all times render himself amenable to the orders and process of the court and the requirements of the law, and if convicted shall appear for judgment and render himself in execution thereof; or if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of ............. dollars (inserting the sum in which the defendant is admitted to bail).

 

     

 

     

  (Signatures of Sureties)

 

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

  179.360  A commitment where defendant is held to answer after a preliminary examination may be in substantially the following form:

 

Commitment

 

  County of ........................ (as the case may be).

  The State of Nevada to the sheriff of the county of .............................: An order having been this day made by me that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.

  Dated this ........ day of […………, 19…..] the month of ............ of the year .......

 

     

  (Signatures and official title of magistrate)

 

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

  179.365  An undertaking for bail after preliminary examination and before arraignment may be in substantially the following form:

 

Undertaking

 

  An order having been made on the ........ day of […………, A.D. 19….,] the month of ............ of the year ....... by A. B., a justice of the peace of ............................... County (or as the case may be), that C. D. be held to answer upon a charge of (stating briefly the nature of the offense), upon which he has been duly admitted to bail in the sum of ............. dollars, we, E. F. and G. H. (stating their place of residence), hereby undertake that the above-named C. D. shall appear and answer the charge above mentioned, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and process of the court, and, if convicted, shall appear for judgment and render himself in execution thereof, or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the


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

ê2001 Statutes of Nevada, Page 42 (Chapter 10, SB 29)ê

 

sum of ............ dollars (inserting the sum in which the defendant is admitted to bail).

     

 

     

  (Signature of Sureties)

 

    Sec. 25.  NRS 179.370 is hereby amended to read as follows:

  179.370  An indictment may be substantially in the following form:

 

Indictment

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  The State of Nevada, plaintiff, against A. B., defendant (or John Doe, whose real name is unknown). Defendant A. B., above named, is accused by the grand jury of the county of ........................, of a felony (or of the crime of murder or other name of crime), committed as follows: The said A. B., on the ....... day of […………, A.D. 19….,] the month of ........... of the year ......., or thereabouts, at the county of .........................., State of Nevada, without authority of law and with malice aforethought, killed Richard Roe, by shooting with a pistol (or with a gun or other weapon, according to the facts).

 

     

  District Attorney

  or District Attorney, by Deputy.

 

    Sec. 26.  NRS 179.375 is hereby amended to read as follows:

  179.375  An information may be in substantially the following form:

 

Information

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  In the ....................... court. The State of Nevada against A. B., C. D. district attorney within and for the county of ........................ in the state aforesaid, in the name and by the authority of the State of Nevada, informs the court that A. B. on the ........ day of […………, A.D. 19….,] the month of ........... of the year ......., at the county of ........................, did (here state offense) against the peace and dignity of the State of Nevada.

 

     

  C. D., District Attorney

  or C. D., District Attorney, by H. M., Deputy.

 


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

ê2001 Statutes of Nevada, Page 43 (Chapter 10, SB 29)ê

 

    Sec. 27.  NRS 179.380 is hereby amended to read as follows:

  179.380  A warrant upon the finding of a presentment, indictment or information may be in substantially the following form:

 

Warrant

 

  County of ........................ The State of Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this state: A presentment having been made or an indictment having been found (or information filed) on the ........ day of […………, A.D. 19….,] the month of ............ of the year ......., in the district court of the ........................, county of ........................., charging C. D. with the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named C. D. and bring him before that court to answer the presentment, indictment or information; or if the court is not in session that you deliver him into the custody of the sheriff of the county of ........................ By order of the court. Given under my hand with the seal of the court affixed this ........ day of […………, A.D. 19…..] the month of ............ of the year ....... .

 

     

  (Seal)   E. F., Clerk.

 

    Sec. 28.  NRS 179.385 is hereby amended to read as follows:

  179.385  An undertaking for bail after arrest on a warrant following the finding of a presentment, indictment or information may be in substantially the following form:

 

Undertaking

 

  A presentment having been made (or an indictment having been found or an information having been filed), on the ........ day of […………, A.D. 19….,] the month of ............ of the year ......., in the District Court of the ......................... Judicial District of the State of Nevada, in and for the County of ........................ (as the case may be), charging A. B. with the crime of (indicating it generally), and he having been duly admitted to bail in the sum of ............. dollars, we, C. D. and E. F. (stating their place of residence), hereby undertake that the above-named A. B. shall appear and answer the indictment or information above mentioned in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and processes of the court, and, if convicted, shall appear for judgment and render himself in execution thereof; or, if he fail to perform either of these conditions, that we will pay to the State of Nevada the sum of ............. dollars (inserting the sum in which the defendant is admitted to bail).

 

     

 

     

  (Signature of Sureties)

 


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ê2001 Statutes of Nevada, Page 44 (Chapter 10, SB 29)ê

 

    Sec. 29.  NRS 179.390 is hereby amended to read as follows:

  179.390  A subpoena or subpoena duces tecum may be in substantially the following form:

 

Subpoena

 

  The State of Nevada to A. B.: You are commanded to appear before C. D., a justice of the peace of ................ township, in ................ County (or, the court of ................, as the case may be), at (naming the place), on (stating the day and hour), as a witness in a criminal action, prosecuted by the State of Nevada against E. F. Given under my hand this ........ day of […………, A.D. 19…..] the month of ............ of the year ....... . G. H., Justice of the Peace (seal) (or “By order of the court, L. M., Clerk (seal)” as the case may be). (If books, papers or documents are required, a direction to the following effect must be contained in the subpoena: “And you are required also to bring with you the following (describing intelligibly the books, papers or documents required).”)

 

    Sec. 30.  NRS 179.395 is hereby amended to read as follows:

  179.395  A bench warrant may be in substantially the following form:

 

Bench Warrant

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  The State of Nevada, to any sheriff, constable, marshal, policeman or other peace officer in this state: A. B. having been on the ........ day of […………, A.D. 19….,] the month of ............ of the year ........ duly convicted in the .................... Judicial District Court of the State of Nevada and in and for the County of ...................., of the crime of (designating it generally); you are therefore commanded forthwith to arrest the above-named A. B. and bring him before that court for judgment, or if the court has adjourned, that you deliver him into the custody of the sheriff of the county of .................... Given, by order of the court, under my hand with the seal of the court affixed, this the ........ day of […………, A.D. 19…..] the month of ............ of the year ....... .

 

     

  (Seal)   E. F., Clerk.

 

    Sec. 31.  NRS 179.400 is hereby amended to read as follows:

  179.400  When bail is taken upon the recommitment of the defendant, the undertaking shall be in substantially the following form:

 

 

Undertaking

 

  An order having been made on the ........ day of […………, A.D. 19….,] the month of ............ of the year ......., by the court (naming it), that A. B. be admitted to bail in the sum of $.........., in an action pending in that court against him, in behalf of the State of Nevada, upon a (presentment, indictment, information, or appeal, as the case may be), we, C. D. and E. F., of (stating their place of residence), hereby undertake that the above-named A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that (presentment, indictment, information, or appeal, as the case may be), and shall at all times render himself amenable to its orders and processes, and appear for judgment, and surrender himself in execution thereof; or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of $..........


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ê2001 Statutes of Nevada, Page 45 (Chapter 10, SB 29)ê

 

against him, in behalf of the State of Nevada, upon a (presentment, indictment, information, or appeal, as the case may be), we, C. D. and E. F., of (stating their place of residence), hereby undertake that the above-named A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that (presentment, indictment, information, or appeal, as the case may be), and shall at all times render himself amenable to its orders and processes, and appear for judgment, and surrender himself in execution thereof; or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of $.......... (inserting the sum in which the defendant is admitted to bail).

 

     

 

     

  (Signature of Sureties)

 

    Sec. 32.  NRS 244.110 is hereby amended to read as follows:

  244.110  The style of ordinances shall be as follows:

 

The Board of County Commissioners of the

County of................Do Ordain:

(Body of ordinance)

(Last section of ordinance)

Proposed on [the …. day …….., 19….] ………. (month) …. (day) …. (year)

Proposed by Commissioner.....................

Passed [the day …. of …….., 19….] ………. (month) …. (day) …. (year)

 

Vote:

  Ayes:   Commissioners...........................

  Nays:   Commissioners...........................

  Absent:.......................... Commissioners.

 

Attest:

 

          

  County Clerk. Chairman of the Board

 

      This ordinance shall be in force and effect from and after the ........ day of [……….., 19…..] the month of ………… of the year …….

 

    Sec. 33.  NRS 244.3501 is hereby amended to read as follows:

  244.3501  1.  An ordinance of the liquor board shall not be passed except by bill. When any ordinance is amended, the section or sections thereof shall be reenacted as amended, and an ordinance shall not be revised or amended by reference only to its title.

  2.  Every liquor board ordinance shall:

  (a) Bear a summary, which shall appear before the title and which shall state in brief the subject matter of the ordinance.

  (b) Embrace but one subject and matters necessarily connected therewith and pertaining thereto. The subject shall be clearly indicated in the title. In all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.


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ê2001 Statutes of Nevada, Page 46 (Chapter 10, SB 29)ê

 

all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.

  3.  All proposed liquor board ordinances, when first proposed, shall be read aloud in full to the liquor board, and final action thereon shall be deferred until the next regular meeting of the board; but in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.

  4.  All ordinances shall be:

  (a) Signed by the chairman of the liquor board.

  (b) Attested by the county clerk.

  (c) Published by title only, together with the names of the liquor board members voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before the same shall go into effect. Publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.

  5.  The style of liquor board ordinances shall be as follows:

 

The Liquor Board of the

County of................Do Ordain:

(Body of ordinance)

(Last section of ordinance)

  Proposed on [the …. day …………, 19….] ………… (month) …. (day) …. (year)

  Proposed by Member.............................

  Passed [the …. day of …………, 19….] ………… (month) …. (day) …. (year)

 

  Vote:

  Ayes:   Members......................................

  Nays:   Members......................................

  Absent:..................................... Members.

  Attest:

          

  County Clerk Chairman of the Liquor Board

 

  This ordinance shall be in force and effect from and after the...........day of […………, 19…..] the month of………… of the year …….

 

  6.  The county clerk shall record all liquor board ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. The book, or a certified copy of an ordinance therein recorded and under the seal of the county, shall be received as prima facie evidence in all courts and places without further proof.

    Sec. 34.  NRS 267.090 is hereby amended to read as follows:

  267.090  If upon the canvass it is found that a majority of the votes cast at the election were cast in favor of the ratification of the charter, as provided in NRS 267.080, the mayor of the city shall thereupon attach to the charter a certificate in substance as follows:

 


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ê2001 Statutes of Nevada, Page 47 (Chapter 10, SB 29)ê

 

  I, ................, mayor of ................, do hereby certify that in accordance with the terms and provisions of section 8 of article 8 of the constitution, and the laws of the State of Nevada, an election was held on the .......... day of […………, 19….,] the month of ………. of the year ….., at which 15 qualified electors were elected to prepare a charter for the city of ......................; that notice of the election was given in the manner provided by law; that on the .......... day of […………, 19….,] the month of ………. of the year ….., the election was held, and the votes cast at that election were canvassed by the governing body of the city, and the following persons were declared elected to prepare and propose a charter for the city of .................

  That thereafter, on the .......... day of […………, 19….,] the month of ………. of the year ….., the board of electors returned a proposed charter for the city of ................, signed by the following members thereof: .................

  That thereafter the proposed charter was published once in a newspaper and posted in three of the most public places in the city, to wit: For one publication, the publication in a newspaper on the .......... day of […………, 19….,] the month of ………. of the year ….., and was posted on the .......... day of […………, 19…..] the month of ………. of the year ……

  That thereafter, on the .......... day of […………, 19….,] the month of ………. of the year ….., an election was held at which the proposed charter was submitted to the qualified electors of the city, and the returns of the election were canvassed by the governing body at a meeting held on the .......... day of […………, 19….,] the month of ………. of the year ….., and the result of the election was found to be as follows: For the proposed charter, ........ votes; against the proposed charter, ........ votes. Majority for the proposed charter, ........ votes.

  Whereupon the charter was ratified by a majority of the qualified electors voting at the election.

  And I further certify that the foregoing is a full, true and complete copy of the proposed charter voted upon and ratified as aforesaid.

  In testimony whereof, I hereunto set my hand and affix the corporate seal of the city this .......... day of […………, 19…..] the month of ………. of the year ……

      ,

  Mayor of the city of...............................

 

Attest:   ,

Clerk of the city of ...................................

 

    Sec. 35.  NRS 269.105 is hereby amended to read as follows:

  269.105  1.  All salaries of officers mentioned in this chapter and all expenses incurred in carrying on any government herein provided for shall be paid out of the general fund of the town or city, to the affairs of which the government relates.

  2.  All claims for such salaries and expenses shall be presented to the town board or board of county commissioners, who shall consider and allow or reject the same, in whole or in part, and a record of their action shall be entered upon their minutes.

  3.  If allowed in whole or in part by a majority vote of all the members composing the town board or board of county commissioners, the clerk thereof shall certify the claims to the county auditor, who shall thereupon issue his warrant to the holder, substantially in the following form:


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ê2001 Statutes of Nevada, Page 48 (Chapter 10, SB 29)ê

 

No ......... [……………19….] ….… (month) …… (day) …… (year)

  The county treasurer of ................ County will pay to ................. the sum of ........ dollars, for (stating in general terms the nature of the claim), and charge the same to the general fund of the (town or city of) ................

$.........                               County Auditor

 

The county auditor shall appropriately fill all blanks.

  4.  Upon presentation of any warrant, the county treasurer shall immediately pay the same if he has money in his hands sufficient therefor belonging to the fund upon which it is drawn; but, if he has not, he shall endorse on the warrant, “Not paid for want of funds,” adding thereto the date of the endorsement and signing his name officially to the same; and thereafter he shall pay the warrant out of the first money applicable thereto coming into his hands.

  5.  Before 12 m. on the 1st Monday in each month, the county treasurer shall post a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the treasury to pay.

  6.  On paying any warrant, the county treasurer shall write across the face thereof, in red ink, “Paid,” with the date of payment, and sign his name officially thereto, and the warrant, thus canceled, shall be a sufficient voucher for the county treasurer for his official settlement, which settlement shall be made in time and manner as provided for settlement for county funds.

  7.  The chairman of the board of county commissioners shall, in addition to such settlement, once a month examine the books and vouchers of the county treasurer concerning the state of the finances in his hands, as mentioned in this chapter, and report the result to the board, which report shall be spread upon the minutes of the board. Such report shall be delivered to the town boards, if any, created pursuant to NRS 269.0165 and NRS 269.017 to 269.019, inclusive. Such town boards shall have access, at all reasonable times, to the books and vouchers of the county treasurer which relate to the respective towns.

    Sec. 36.  NRS 269.110 is hereby amended to read as follows:

  269.110  1.  In all cases where a town or city in any county of this state has been incorporated by an act of the legislature thereof, or of the Territory of Nevada, or otherwise, or may be incorporated, and the same has been or may hereafter be disincorporated, and where at the time of such disincorporation there exists any funded debt or outstanding bonds, the board of county commissioners shall provide for the payment of the principal and interest of the same substantially in time, manner and form as provided by law or ordinance existent touching the same at the time of disincorporation. If there be no such law or ordinance, all such claims shall be paid out of the debt service fund of such town or city, as provided in this chapter for the payment of other indebtedness.

  2.  The board of county commissioners of such county shall take possession of all the books, papers, documents, money, credits, claims, demands and other property of the town or city, and collect, hold or dispose of the same for the use and benefit of the inhabitants thereof; and in case the town or city shall have been at the time of disincorporation involved in debt, other than as above specified, the board of county commissioners shall ascertain the amount thereof, and cause evidences of indebtedness bearing interest on the principal sum thereof from date, at the legal rate of interest per annum, to be issued to the holder of the indebtedness, which evidences of indebtedness shall be in the following form:

 


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ê2001 Statutes of Nevada, Page 49 (Chapter 10, SB 29)ê

 

interest on the principal sum thereof from date, at the legal rate of interest per annum, to be issued to the holder of the indebtedness, which evidences of indebtedness shall be in the following form:

 

No ......... [……………19….] ….… (month) …… (day) …... (year) $..........

  This is to certify that the (designating the town or city by its name) is indebted to ................ in the sum of ........ dollars principal, and ........ dollars interest, payable out of the debt service fund of ................; the principal sum of ........ dollars to bear interest from this date at the legal rate per annum, principal, interest, and accruing interest payable in lawful money of the United States.

      ,

  Chairman of the Board of County Commissioners

  of ................................................ County, Nevada.

.................................................................

Clerk of ................ County, Nevada.

 

All blanks shall be appropriately filled.

  3.  No such evidence of indebtedness shall be issued upon any account, claim, demand, bond, warrant, scrip or other instrument, unless the same be filed with the clerk of the board of county commissioners within 3 months after the disincorporation of the town or city; and simultaneously upon issuance the account, claim or demand on which the same is issued shall be receipted, and the bond, warrant, scrip or other instrument shall be canceled.

  4.  The county treasurer shall only use the money of the debt service fund for the payment of the preexisting bonds or funded debt not otherwise provided for, as hereinbefore mentioned, and such evidences as shall be issued as last hereinbefore mentioned, and the interest thereon as provided in this chapter.

    Sec. 37.  NRS 271.375 is hereby amended to read as follows:

  271.375  1.  The engineer shall make an assessment roll and state a proposed assessment therein upon each tract to be assessed, and he shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the governing body.

  2.  When any assessment is reported by the engineer to the governing body, as directed in this section, the roll must be filed in the office of the clerk and numbered.

  3.  The report must be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:

 

(Form of Certificate)

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  To the (insert “City Council,” or “Board of County Commissioners,” or other name of governing body) of ................................, Nevada:

  I hereby certify and report that the foregoing is the assessment roll and assessments made by me for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for ................


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you decided should be paid and borne by special assessments for ................ Improvement District No. ..........; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the provisions of chapter 271 of NRS.

     

  Engineer

 

Dated at......................., Nevada, [………, 19...] ........... (month) …….. (day) ……. (year)

 

    Sec. 38.  NRS 293.130 is hereby amended to read as follows:

  293.130  1.  On the dates set by the respective state central committees in each year in which a general election is to be held, a county convention of each major political party must be held at the county seat of each county or at such other place in the county as the county central committee designates.

  2.  The county central committee of each major political party shall cause notice of the holding of the county convention of its party to be ublished in one or more newspapers, if any, published in the county. The notice must be in substantially the following form:

 

NOTICE OF.....(NAME OF PARTY).....CONVENTION

 

  Notice is hereby given that the county Convention of the ................ Party for ................ County will be held at ................ in ................, on [………., the …. day of …………, 19….;] the …….. day of the month of …………… of the year ……; that at the convention delegates to the ........ State Convention will be elected, a county central committee to serve for the ensuing 2 years will be chosen, and other party affairs may be considered; that delegates to such county convention will be chosen at ........(name of party)........ precinct meetings to be held in each voting precinct in the county on or before the ..... day of […………, 19….;] the month of …………… of the year ……..; and that a voting precinct is entitled to a number of delegates in proportion to the number of registered voters of the ................ Party residing in the precinct as set forth in NRS 293.133.

 

County Central Committee of................ County, Nevada

By      (Its Chairman)

And        (Its Secretary)

 

    Sec. 39.  NRS 361.655 is hereby amended to read as follows:

  361.655  The complaint in the action may be as follows in form:

 

In the (Title of Court)

State of Nevada...................................... }

  v. }   Complaint

A.B. & Co., and the real estate and..... }

improvements in (describing them)...... }

 

  The State of Nevada, by C.D., district attorney of the county of ................................, complains of A.B. and also the real estate and improvements (describing them with the same particularity as in actions of ejectment, or actions for the recovery of personal property), and for cause of action says that between July 1, [19….,] of the year ......, and January 2, [19….,] of the year ......, in the county of ................,


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action says that between July 1, [19….,] of the year ......, and January 2, [19….,] of the year ......, in the county of ................, in the State of Nevada, E.F., then and there, being county assessor of the county, did duly assess and put down on an assessment roll all the real and personal property in the county subject to taxation, and that the assessment roll was afterward submitted to the county board of equalization of the county, and was by the board duly equalized as provided by law; that A.B. was then and there the owner of, and that there was duly assessed to him the above-described real estate, improvements upon real estate and certain personal property, and that upon such property there has been duly levied for the fiscal year [19….] ...... a state tax of ................ dollars, and a county tax of ................ dollars, amounting in the whole to ................ dollars, all of which is due and unpaid; of which amount ................ dollars was duly assessed and levied against the real estate, and ................ dollars against the improvements aforesaid, and ................ dollars against the personal property.

  Wherefore, plaintiff prays judgment against A.B. for the sum of ................ dollars (the whole of the tax) and all penalties and costs, and a separate judgment against the real estate and improvements, for the sum of ................ dollars (the tax due on real estate, improvements, and personal property) and all penalties and costs, as provided by law, and for such other judgment as to justice belongs, and for all costs subsequent to the assessment of the taxes, and of this action.

 

     

  C.D., District Attorney

  County of……………

 

    Sec. 40.  NRS 361.680 is hereby amended to read as follows:

  361.680  The notice required to be published or posted shall be substantially in the following form, and may include any number of cases in which the return day of the summons shall be the same:

 

State of Nevada...................................... }

  }  District Attorney’s Office

County of................................................. }

 

Notice of Suits Commenced

 

  To the following-named defendants, and to all owners of, or claimants to, the real estate and improvements, when assessed separately, hereinafter described, known or unknown.

  You are hereby notified that suits have been commenced in (name of court where held) by the State of Nevada, plaintiff, against each of the defendants hereinafter named, and each of the following-described tracts or parcels of land with the improvements thereon, and improvements when separately assessed, and all owners of, or claimants to the same, known or unknown, to recover the tax and delinquency assessed to the defendant against the property, for the fiscal year commencing ................, and ending ................, and that a summons has been duly issued in each case; and you are further notified that unless you appear and answer to the complaint filed in such cause, on or before the ............. day of […………, 19….,] the month of ............ of the year ......, judgment will be taken against you and the real estate and improvements herein described, for the amount of tax and delinquency specified, and cost of suit.


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estate and improvements herein described, for the amount of tax and delinquency specified, and cost of suit.

  Tax and delinquency: A.B. (describe real estate and improvements as in summons) .............................. ................. $................;

E.F., personal property, assessed at $..................

 

     

  C.D., District Attorney

  County of…………….

 

    Sec. 41.  NRS 362.050 is hereby amended to read as follows:

  362.050  1.  To obtain the exemption of the surface of a patented mine or mining claim from taxation ad valorem, pursuant to section 5 of article 10 of the constitution of this state, the owner must submit an affidavit to the county clerk for the county in which the mine is located on or before December 30 covering work done during the 12 months next preceding 12 a.m. on September 1 of that year. The exemption then applies to the taxes for the fiscal year beginning on July 1 following the filing of the affidavit. Upon receipt of such an affidavit, the county clerk shall cause it to be recorded in the office of the county recorder and transmit it to the county assessor.

  2.  The affidavit of labor must describe particularly the work performed, upon what portion of the mine or claim, and when and by whom done, and may be substantially in the following form:

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  ................................, being first duly sworn, deposes and says: That development work worth at least $100 was performed upon the ............................... patented mine or mining claim, situated in the ........................................ Mining District, County of ..........................................., State of Nevada, during the federal mining assessment work period ending within the year [19…..] ....... . The work was done at the expense of .............................., the owner (or one of the owners) of the patented mine or mining claim, for the purpose of relieving it from the tax assessment. It was performed by ................................, at about ................ feet in a ................ direction from the monument of location, and was done between the ........ day of […………, 19….,] the month of ........ of the year ......., and the .......... day of […………, 19….,] the month of .......... of the year ......., and consisted of the following work:

.........................................................................................................................................

.........................................................................................................................................

 

     

  (Signature)


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Subscribed and sworn to before me

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

.............................................................

  Notary Public (or other person

  authorized to administer oaths)

 

    Sec. 42.  NRS 412.2675 is hereby amended to read as follows:

  412.2675  1.  Warrants of arrest issued pursuant to NRS 412.267 must be in substantially the following form:

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  To the (Sheriff) (Constable) (Chief of Police) of ................ (County) (Township and County) (City and County):

  ,

(Name of person to be arrested, rank, serial number)

a member of .............................. (Unit designation) Nevada National Guard, having failed or refused to report to his appointed place of duty at ................................, you are therefore commanded forthwith to arrest the above-named .............................. and bring him before me at ................ The arrest may be made either during the day or at night.

 

  Dated at .....................……………........ this ….…............. day of […………, 19…..] the month of ………. of the year ……

 

  /s/    

  (Name, rank, branch, organization,

  and designation as commanding officer)

 

  2.  Fees and mileage allowed for the service of warrants must be the same as are provided by law for the service of criminal process and must be paid out of money appropriated to the office of the military, upon proper application therefor.

    Sec. 43.  NRS 463.313 is hereby amended to read as follows:

  463.313  1.  At all hearings before the commission other than investigative hearings:

  (a) Oral evidence may be taken only upon oath or affirmation administered by the commission.

  (b) Every party has the right to:

      (1) Call and examine witnesses;

      (2) Introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;

      (3) Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;

      (4) Impeach any witness regardless of which party first called him to testify; and

      (5) Offer rebuttal evidence.


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  (c) If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.

  (d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.

  (e) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.

  2.  The commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.

  3.  Affidavits may be received in evidence at any hearing of the commission in accordance with the following:

  (a) The party wishing to use an affidavit must, not less than 10 days before the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).

  (b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance with this paragraph, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.

  (c) The notice referred to in paragraph (a) must be substantially in the following form:

 

  The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the ........ day of […………, 19…..] the month of ………. of the year …… (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.

 

     

  (Party or Counsel)

     

  (Address)


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    Sec. 44.  NRS 463A.090 is hereby amended to read as follows:

  463A.090  1.  The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondent’s notice of defense. The commission shall deliver or send a notice of hearing by registered or certified mail to all parties at least 10 days prior to the hearing. Unless the respondent consents, the hearing shall not be held prior to the expiration of the time within which the respondent is entitled to file a notice of defense.

  2.  The notice of hearing shall be substantially in the following form, but may include other information:

 

  You Are Hereby Notified that a hearing will be held before the Nevada gaming commission at (here insert place of hearing) on the .......... day of […………, 19….,] the month of ………. of the year ……, at the hour of ................, upon the charges made in the statement of reasons served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada gaming commission.

 

    Sec. 45.  NRS 463A.100 is hereby amended to read as follows:

  463A.100  1.  Before a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpoenas and subpoenas duces tecum at the request of a party. All witnesses appearing pursuant to subpoena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpoenaed. The commission may, in its discretion, award as costs the amount of all such expenses to the prevailing party.

  2.  The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.

  3.  Affidavits may be received in evidence at any hearing of the commission in accordance with the following:

  (a) The party wishing to use an affidavit shall, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).

  (b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine affiant his right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally.


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examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.

  (c) The notice referred to in paragraph (a) must be substantially in the following form:

 

  The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the .......... day of […………, 19…..] the month of ………. of the year ……. (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.

     

  (Party or Counsel)

     

  (Address)

    Sec. 46.  Section 3 of chapter 44, Statutes of Nevada 1999, at page 119, is hereby amended to read as follows:

  Sec. 3.  NRS 217.450 is hereby amended to read as follows:

  217.450  1.  The commission on mental health and developmental services shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.

  2.  The administrator of the division shall give priority to those applications for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.

  3.  The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.

  4.  In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:

  (a) A basic allocation of $7,000 must be made [to provide services for residents of] for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.

  (b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is 14,000 or more.

  (c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.


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    Sec. 47.  1.  Section 1 of chapter 50, Statutes of Nevada 1999, at page 125, is hereby amended to read as follows:

  Section 1.  NRS 449.017 is hereby amended to read as follows:

  449.017  1.  Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to [:

  (a) Any] an aged, infirm, mentally retarded or handicapped person . [; or

  (b) Four or more females during pregnancy or after delivery.]

  2.  The term does not include:

  (a) An establishment which provides care only during the day;

  (b) A natural person who provides care for no more than two persons in his own home;

  (c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or

  (d) A facility funded by [the welfare] a division or [the division of mental health and developmental services] program of the department of human resources.

  2.  Chapter 50, Statutes of Nevada 1999, at page 126, is hereby amended by adding thereto new sections to be designated as sections 2, 3 and 4, immediately following section 1, to read as follows:

  Sec. 2.  Section 13 of chapter 642, Statutes of Nevada 1999, at page 3611, is hereby amended to read as follows:

  Sec. 13.  1.  This section and sections 1, 2, 4 [, 5] and 7 to [12,] 11, inclusive, of this act become effective on October 1, 1999.

  2.  [Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.

  3.]  Section 3 of this act becomes effective upon passage and approval for the purpose of adopting standards and regulations, and on January 1, 2000, for all other purposes.

  Sec. 3.  Sections 5, 6, 11.5 and 12 of chapter 642, Statutes of Nevada 1999, at pages 3607, 3610 and 3611, are hereby repealed.

  Sec. 4.  1.  This section and sections 2 and 3 of this act become effective on September 30, 1999.

  2.  Section 1 of this act becomes effective on October 1, 1999.

    Sec. 48.  Section 4 of chapter 59, Statutes of Nevada 1999, at page 145, is hereby amended to read as follows:

  Sec. 4.  NRS 34.745 is hereby amended to read as follows:

  34.745  1.  If a petition challenges the validity of a judgment of conviction or sentence and is the first petition filed by the petitioner, the judge or justice shall order the [respondent] district attorney or the attorney general, whichever is appropriate, to:

  (a) File:

      (1) A response or an answer to the petition; and

      (2) [A] If an evidentiary hearing is required pursuant to NRS 34.770, a return,

within 45 days or a longer period fixed by the judge or justice; or

  (b) Take [such] other action [as] that the judge or justice deems appropriate.

  2.  If a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the judge or justice shall order the attorney general to:


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  (a) File:

      (1) A response or an answer to the petition; and

      (2) A return,

within 45 days or a longer period fixed by the judge or justice.

  (b) Take other action that the judge or justice deems appropriate.

  3.  An order entered pursuant to subsection 1 or 2 must be in substantially the following form, with appropriate modifications if the order is entered by a justice of the supreme court:

 

Case No.  ....................................................

Dept. No.  ...................................................

 

IN THE .................. JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF ..................

 

......................................................

  Petitioner,

 

  v. ORDER

 

......................................................

  Respondent.

 

  Petitioner filed a petition for a writ of habeas corpus on [............, 19....] …………(month)…...(day),……(year). The court has reviewed the petition and has determined that a response would assist the court in determining whether petitioner is illegally imprisoned and restrained of his liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise respond to the petition and file a return in accordance with the provisions of NRS 34.360 to 34.830, inclusive.

 

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

 

     

  District Judge

 

A copy of the order must be served on the petitioner or his counsel, the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.

  [3.] 4.  If the petition is a second or successive petition challenging the validity of a judgment of conviction or sentence [,] and if it plainly appears from the face of the petition or an amended petition and [any] documents and exhibits that are annexed to it, or from [any of the] records of the court [,] that the petitioner is not entitled to relief [,] based on any of the grounds set forth in subsection 2 of NRS 34.810, the judge or justice shall enter an order for its summary dismissal and cause the petitioner to be notified of the entry of the order.

  [4.] 5.  If the judge or justice relies on the records of the court in entering an order pursuant to this section, those records must be made a part of the record of the proceeding before entry of the order.


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    Sec. 49.  Section 4 of chapter 63, Statutes of Nevada 1999, at page 155, is hereby amended to read as follows:

  Sec. 4.  NRS 366.221 is hereby amended to read as follows:

  366.221  1.  Except as otherwise provided in subsection 2, [no] a special fuel user’s license [may be] is not required of the following classes of special fuel users:

  (a) Operators of motor vehicles who make occasional trips into this state for service or repair.

  (b) Operators of house coaches as defined in NRS 484.067.

  (c) Operators of motor vehicles having a declared gross weight of 26,000 pounds or less.

  (d) Operators of unladen motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.

  (e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.

  [(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.

  (g) Private motor carriers of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

  (h) A private motor carrier of property which is used to attend livestock shows or sales.]

  2.  A person otherwise exempt pursuant to subsection 1 who does not purchase special fuel in this state in an amount commensurate with his consumption of special fuel in the propulsion of motor vehicles on the highways of this state shall secure a special fuel user’s license.

  [3.  As used in this section, “private motor carrier of property” has the meaning ascribed to it in NRS 706.111.]

    Sec. 50.  Section 45 of chapter 91, Statutes of Nevada 1999, at page 228, is hereby amended to read as follows:

  Sec. 45.  NRS 616D.200 is hereby amended to read as follows:

  616D.200  1.  If the administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

  (a) The premiums that would otherwise have been owed to the system or a private carrier pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years; and

  (b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

The money collected pursuant to this subsection must be paid into the uninsured employers’ claim fund.

  2.  The administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.


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administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

  3.  Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, is:

  (a) For the first offense, guilty of a misdemeanor.

  (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category C felony and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

    Sec. 51.  1.  Section 7 of chapter 101, Statutes of Nevada 1999, at page 277, is hereby amended to read as follows:

  Sec. 7.  NRS 354.59811 is hereby amended to read as follows:

  354.59811  1.  Except as otherwise provided in NRS [350.087,] 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265 and 543.600 and section 1 of [this act,] Assembly Bill No. 275 of this session, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as [a general or medium-term obligation] general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

  [1.] (a) The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

  [2.] (b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.


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  2.  As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

  2.  Chapter 101, Statutes of Nevada 1999, at page 278, is hereby amended by adding thereto a new section to be designated as section 8.1, immediately following section 8, to read as follows:

  Sec. 8.1.  Section 4 of chapter 490, Statutes of Nevada 1999, at page 2537, is hereby amended to read as follows:

  Sec. 4.  NRS 354.59811 is hereby amended to read as follows:

  354.59811  1.  Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265 and 543.600 , [and] section 1 of Assembly Bill No. 275 of this session [,] and section 2 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

  (a) The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

  (b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

  2.  As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.


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    Sec. 52.  Sections 35, 64 and 131 of chapter 104, Statutes of Nevada 1999, at pages 309, 323 and 363, respectively, are hereby amended to read respectively as follows:

  Sec. 35.  1.  A security interest in investment property, deposit accounts, letter-of-credit rights, or electronic chattel paper may be perfected by control of the collateral under section 5, 6, 7 or 8 of this act.

  2.  A security interest in deposit accounts, electronic chattel paper, or letter-of-credit rights is perfected by control under section 5, 6 or 8 of this act when the secured party obtains control and remains perfected by control only while the secured party retains control.

  3.  A security interest in investment property is perfected by control under section 7 of this act from the time the secured party obtains control and remains perfected by control until:

  (a) The secured party does not have control; and

  (b) One of the following occurs:

      (1) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate;

      (2) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or

      (3) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.

  Sec. 64.  1.  Except as otherwise provided in subsection 2 and sections 69, 70, 71 and 72 of this act, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.

  2.  An agreement between the debtor and secured party which prohibits a transfer of the debtor’s rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.

  Sec. 131.  1.  If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before that date, the action is effective to perfect a security interest that attaches under this article as amended within 1 year after that date. An attached security interest becomes unperfected 1 year after July 1, 2001, unless the security interest becomes a perfected security interest under this article as amended before the expiration of that period.

  2.  The filing of a financing statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article as amended.

  3.  This article as amended does not render ineffective an effective financing statement that was filed before July 1, 2001, and satisfied the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in section 4 of this act as that section read at the time of filing. However, except as otherwise provided in subsections 4 and 5 and section 132 of this act, the financing statement ceases to be effective at the earlier of:

  (a) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or


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  (b) June 30, 2006.

  4.  The filing of a continuation statement on or after July 1, 2001, does not continue the effectiveness of the financing statement filed before that date. However, upon the timely filing of a continuation statement after that date and in accordance with the law of the jurisdiction governing perfection as provided in Part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before that date continues for the period provided by the law of that jurisdiction.

  5.  Paragraph (b) of subsection 3 applies to a financing statement that was filed against a transmitting utility before July 1, 2001, and satisfied the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in section 4 of this act as that section read at the time of filing only to the extent that Part 3 provides that the law of a jurisdiction other than jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.

  6.  A financing statement that includes a financing statement filed before July 1, 2001, and a continuation statement filed after that date are effective only to the extent that the financing statement satisfies the requirements of Part 5 for an initial financing statement.

    Sec. 53.  Section 2 of chapter 130, Statutes of Nevada 1999, at page 767, is hereby amended to read as follows:

  Sec. 2.  Section 4 of chapter 422, Statutes of Nevada 1997, at page 1503, as amended by section 37 of chapter 105, Statutes of Nevada 1999, at page 455, is hereby amended to read as follows:

  Sec. 4.  1.  This section and sections 2.1 to 2.5, inclusive, of this act become effective on September 30, 1997.

  2.  Section 3 of this act becomes effective on October 1, 1997.

  3.  Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.

  4.  Section 1 of this act becomes effective on [January 1, 2001.] October 1, 1999.

    Sec. 54.  1.  Sections 5 and 8 of chapter 135, Statutes of Nevada 1999, at pages 782 and 783, respectively, are hereby amended to read respectively as follows:

  Sec. 5.  NRS 41.0338 is hereby amended to read as follows:

  41.0338  As used in NRS 41.0339 to 41.0349, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, “official attorney” means:

  1.  The attorney general, in an action which involves a present or former legislator, officer or employee of this state, immune contractor or member of a state board or commission.

  2.  The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves a present or former officer or employee of that political subdivision or a present or former member of a local board or commission.

  Sec. 8.  1.  This section and section 4.1 of this act [becomes] become effective on June 30, 1999.

  2.  Sections 1 to 4, inclusive, 5, 6 and 7 of this act become effective on July 1, 1999 , and [expires] expire by limitation on June 30, 2001.


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  2.  Chapter 135, Statutes of Nevada 1999, at page 782, is hereby amended by adding thereto a new section to be designated as section 4.1, immediately following section 4, to read as follows:

  Sec. 4.1.  NRS 41.0338 is hereby amended to read as follows:

  41.0338  As used in NRS 41.0339 to 41.0349, inclusive, unless the context otherwise requires, “official attorney” means:

  1.  The attorney general, in an action which involves a present or former legislator, officer or employee of this state, immune contractor or member of a state board or commission.

  2.  The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves a present or former officer or employee of that political subdivision or a present or former member of a local board or commission.

    Sec. 55.  Section 7 of chapter 137, Statutes of Nevada 1999, at page 788, is hereby amended to read as follows:

  Sec. 7.  NRS 278.464 is hereby amended to read as follows:

  278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

  (a) In a county whose population is 40,000 or more, within 45 days; or

  (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

  2.  If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

  (a) In a county whose population is 40,000 or more, within 45 days; or

  (b) In a county whose population is less than 40,000, within 60 days,

after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

  3.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

  (a) In a county whose population is 40,000 or more, within 45 days; or

  (b) In a county whose population is less than 40,000, within 60 days,

after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

  4.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map.


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governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

  (a) In a county whose population is 40,000 or more, within 45 days; or

  (b) In a county whose population is less than 40,000, within 60 days,

after the date of the request for the waiver, or, in the absence of action, the waiver shall be deemed approved.

  5.  A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

  6.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:

  (a) In a county whose population is 40,000 or more, within 45 days; or

  (b) In a county whose population is less than 40,000, within 60 days,

after the date the appeal is filed.

  7.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to section 3 of this act, has been vacated or abandoned in accordance with NRS 278.480.

    Sec. 56.  Section 1 of chapter 170, Statutes of Nevada 1999, at page 876, is hereby amended to read as follows:

  Section 1.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

  1.  Except as otherwise provided in this section, the welfare division shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:

  (a) Failed to report any required information to the welfare division that the person knew at the time he signed the application; or


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  (b) Failed to report to the welfare division within the period allowed by the welfare division any required information that the person obtained after he filed the application.

  2.  Except as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who signed the application for public benefits on behalf of the recipient shall reimburse the division or appropriate state agency for the value of the incorrectly paid public assistance.

  3.  The state welfare administrator or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient.

  4.  The state welfare administrator may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The state welfare administrator shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.

    Sec. 57.  Sections 1 to 5, inclusive, and 7 of chapter 177, Statutes of Nevada 1999, at pages 890 to 893, inclusive, are hereby amended to read respectively as follows:

  Section 1.  NRS 513.094 is hereby amended to read as follows:

  513.094  1.  An additional fee, in an amount established [by the commission for each claim,] pursuant to subsection 4, is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited in the same manner as provided in that section.

  2.  The administrator shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. The administrator shall annually during the month of January, or more often if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to those conditions found in the state as a whole. [The] In addition, the administrator shall [further] work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.

  3.  To carry out this program and these duties, the administrator shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the division by statute.

  4.  The commission shall [provide] establish by regulation:

  (a) The fee required pursuant to subsection 1, in an amount not to exceed $4 per claim.


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  (b) Standards for determining the conditions created by the abandonment of a former mine or its associated works that constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger because of that violation.

  [(b)] (c) Standards for abating the kinds of dangers usually found, including, but not limited to, standards for excluding persons and animals from dangerous open excavations.

  Sec. 2.  NRS 517.185 is hereby amended to read as follows:

  517.185  1.  In addition to any recording fee, each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a filing fee [for each claim that is established by the commission on mineral resources.] in an amount established pursuant to subsection 2. The county recorder shall collect the filing fee and, on or before the fifth working day of each month, deposit with the county treasurer all such fees collected during the preceding month. The county treasurer shall quarterly pay the money collected to the division. The division shall deposit with the state treasurer, for credit to the account for the division of minerals created pursuant to NRS 513.103, all money received pursuant to this section.

  2.  The commission on mineral resources shall, by regulation, establish the filing fee required pursuant to subsection 1 in an amount not to exceed $6 per claim.

  Sec. 3.  NRS 519A.250 is hereby amended to read as follows:

  519A.250  1.  An operator who is required by federal law to file a plan of operation or an amended plan of operation with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after the approval of the plan or amended plan, provide the division of minerals of the commission on mineral resources with a copy of the filing and pay to the division of minerals a fee in an amount established [by the commission on mineral resources] pursuant to subsection 5 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed pursuant to an amended plan.

  2.  The division of minerals shall adopt by regulation a method of refunding a portion of the fee required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed pursuant to the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.

  3.  All money received by the division of minerals pursuant to subsection 1 must be accounted for separately and used by the division of minerals to create and administer programs for:

  (a) The abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division of minerals; and

  (b) The education of the members of the general public concerning the dangers of the hazardous conditions described in paragraph (a).


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All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the division of minerals created pursuant to NRS 513.103.

  4.  On or before February 1 of each odd-numbered year, the division of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.

  5.  The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $30 per acre.

  Sec. 4.  NRS 522.050 is hereby amended to read as follows:

  522.050  1.  A person desiring to drill a well in search of oil or gas shall notify the division of that intent on a form prescribed by the division and shall pay a fee in an amount established [by the commission on mineral resources] pursuant to subsection 2 for a permit for each well. Upon receipt of the notification and fee, the division shall promptly issue to the person a permit to drill, unless the drilling of the well is contrary to law or a regulation or order of the division. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.

  2.  The commission on mineral resources shall, by regulation, establish the fee required pursuant to subsection 1 in an amount not to exceed $200 per permit.

  Sec. 5.  NRS 522.150 is hereby amended to read as follows:

  522.150  1.  Any expenses in connection with Nevada’s affiliation with the Interstate Oil Compact Commission must be paid from the account for the division of minerals created pursuant to NRS 513.103.

  2.  To pay the expenses of the division, every producer of oil or natural gas in this state shall, on or before the last day of each month, report to the division and the state treasurer his production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the division a fee in an amount established [by the commission on mineral resources for] pursuant to subsection 3 on each barrel of oil and each 50,000 cubic feet of natural gas produced and marketed by him during the preceding month. The division shall deposit with the state treasurer, for credit to the account for the division of minerals, all money received pursuant to this subsection. Every person purchasing such oil or natural gas is liable for the payment of the fee for each barrel of oil or each 50,000 cubic feet of natural gas, unless it has been paid by the producer.

  3.  The commission on mineral resources shall, by regulation, establish the administrative fee required pursuant to subsection 2 in an amount not to exceed 20 cents for each barrel of oil or each 50,000 cubic feet of natural gas.

  Sec. 7.  1.  This section and section 6 of this act [becomes] become effective on July 1, 1999.

  2.  Sections 1 to 5, inclusive, of this act become effective at 12:01 a.m. on July 1, 1999.

    Sec. 58.  Section 2 of chapter 210, Statutes of Nevada 1999, at page 968, is hereby amended to read as follows:

  Sec. 2.  This act becomes effective on July 1, 1999 [.] , and expires by limitation on July 1, 2007.


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    Sec. 59.  Section 113 of chapter 224, Statutes of Nevada 1999, at page 1023, is hereby amended to read as follows:

  Sec. 113.  1.  This section and section 100.7 of this act become effective upon passage and approval.

  2.  [The] Except as otherwise provided in subsection 3, the remaining sections of this act become effective on January 1, 2000, for the purposes of the adoption of regulations by the department of motor vehicles and public safety and the execution of any other administrative matters necessary to allow the department to begin collecting the taxes on January 1, 2002, and for all other purposes on January 1, 2002.

  3.  Section 93 of this act becomes effective on January 1, 2000, for the purposes of the adoption of regulations by the department of motor vehicles and public safety and the execution of any other administrative matters necessary to allow the department to begin collecting the taxes on January 1, 2002, and for all other purposes at 12:01 a.m. on January 1, 2002.

    Sec. 60.  Section 1 of chapter 238, Statutes of Nevada 1999, at page 1049, is hereby amended to read as follows:

  Section 1.  NRS 373.040 is hereby amended to read as follows:

  373.040  1.  In counties whose population is 100,000 or more, the commission must be composed of representatives selected by the following entities from among their members:

  (a) Two by the board.

  (b) Two by the governing body of the largest city.

  (c) One by the governing body of each additional city in the county.

  2.  In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

  (a) If the county contains a city:

      (1) Two by the board.

      (2) One by the governing body of the largest city.

  (b) If the county contains no city, the board shall select:

      (1) Two members of the board; and

      (2) One representative of the public, who is a resident of the largest town, if any, in the county.

  3.  In Carson City, the commission must be composed of representatives selected by the board of supervisors as follows:

  (a) Two members of the board of supervisors, one of whom must be designated by the commission to serve as chairman of the commission.

  (b) Three representatives of the city at large.

  4.  The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in subsections 5 [and 6,] , 6 and 7, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection [6,] 7, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

  5.  In Carson City:

  (a) One representative of the commission who is a member of the board of supervisors and one representative of the commission who is a representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and


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representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and

  (b) One representative of the commission who is a member of the board of supervisors and two representatives of the commission who are representatives of the city at large must serve until the next ensuing December 31 of an odd-numbered year.

  6.  In counties whose population is 100,000 or more, but less than 400,000:

  (a) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an even-numbered year; and

  (b) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an odd-numbered year.

  7.  In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.

    Sec. 61.  Sections 1, 2 and 3 of chapter 256, Statutes of Nevada 1999, at pages 1092 and 1095, are hereby amended to read respectively as follows:

  Section 1.  NRS 360.690 is hereby amended to read as follows:

  360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

  2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

  3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

  4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:


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  (a) Local government’s share of the remaining money by:

      (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the sum of the:

           (I) Percentage change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 6; and

           (II) Average percentage of change in the assessed valuation of the taxable property in the local government, [except any] including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

      (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

  (b) Special district’s share of the remaining money by:

      (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the average change in the assessed valuation of the taxable property in the special district, [except any] including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

      (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

  5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:


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  (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

  (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

  6.  The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

  (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

  (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

  7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

  8.  On or before March 15 of each year, the executive director shall:

  (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

  (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

  9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.


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ê2001 Statutes of Nevada, Page 73 (Chapter 10, SB 29)ê

 

  Sec. 2.  NRS 354.598747 is hereby amended to read as follows:

  354.598747  1.  [For the purpose of calculating] To calculate the amount to be distributed pursuant to the provisions of NRS 360.680 and 360.690 from a county’s subaccount in the local government tax distribution account to a local government, special district or enterprise district after it assumes the functions of another local government, special district or enterprise district:

  (a) Except as otherwise provided in this subsection and subsection 2, the executive director of the department of taxation shall:

      (1) Add the amounts calculated pursuant to subsection 1 or 2 of NRS 360.680 for each local government, special district or enterprise district and allocate the combined amount to the local government, special district or enterprise district that assumes the functions; and

      (2) If applicable, add the population and average change in the assessed valuation of the taxable property that would otherwise be allowed to the local government or special district whose functions are assumed, [except any] including the assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, pursuant to subsection 4 of NRS 360.690 to the population and average change in assessed valuation for the local government, special district or enterprise district that assumes the functions.

  (b) If two or more local governments, special districts or enterprise districts assume the functions of another local government, special district or enterprise district, the additional revenue must be divided among the local governments, special districts or enterprise districts that assume the functions on the basis of the proportionate costs of the functions assumed.

The Nevada tax commission shall not allow any increase in the allowed revenue from the taxes contained in the county’s subaccount in the local government tax distribution account if the increase would result in a decrease in revenue of any local government, special district or enterprise district in the county that does not assume those functions. If more than one local government, special district or enterprise district assumes the functions, the Nevada tax commission shall determine the appropriate amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).

  2.  If a city disincorporates, the board of county commissioners of the county in which the city is located must determine the amount the unincorporated town created by the disincorporation will receive pursuant to the provisions of NRS 360.600 to 360.740, inclusive.

  3.  As used in this section:

  (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

  (b) “Local government” has the meaning ascribed to it in NRS 360.640.

  (c) “Special district” has the meaning ascribed to it in NRS 360.650.

  Sec. 3.  This act becomes effective at 12:01 a.m. on July 1, 1999.


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ê2001 Statutes of Nevada, Page 74 (Chapter 10, SB 29)ê

 

    Sec. 62.  Section 1 of chapter 267, Statutes of Nevada 1999, at page 1133, is hereby amended to read as follows:

  Section 1.  NRS 445A.863 is hereby amended to read as follows:

  445A.863  1.  The state board of health shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445A.800 to 445A.955, inclusive. An analysis required pursuant to any provision of NRS 445A.800 to 445A.955, inclusive, or required by a lender as a condition precedent to the transfer of real property must be performed by a [certified laboratory.] laboratory that is certified in accordance with the standards adopted by the state board of health pursuant to this subsection.

  2.  The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.

  3.  For analyses required pursuant to NRS 445A.800 to 445A.955, inclusive, or by a lender as a condition precedent to the transfer of real property, the methods used must comply with the Federal Act.

  4.  A laboratory may be certified to perform analyses for the presence of one or more specified contaminants, or to perform all analyses required pursuant to NRS 445A.800 to 445A.955, inclusive.

    Sec. 63.  1.  Sections 3 and 4 of chapter 280, Statutes of Nevada 1999, at pages 1173 and 1174, respectively, are hereby amended to read respectively as follows:

  Sec. 3.  NRS 482.500 is hereby amended to read as follows:

  482.500  1.  Except as otherwise provided in subsection 2 [,] or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration..... $5.00

For every substitute number plate or set of plates       5.00

For every duplicate number plate or set of plates      10.00

For every decal displaying a county name                     .50

For every other decal , [(] license plate sticker or tab [)] 5.00

 

  2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

  (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, a fee of $10.

  (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

  (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

  3.  A fee must not be charged for a duplicate or substitute decal requested pursuant to section 1 of this act.

  4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.


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ê2001 Statutes of Nevada, Page 75 (Chapter 10, SB 29)ê

 

credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

  [4.] 5.  As used in this section:

  (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

  (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

  Sec. 4.  1.  This section and sections 3, 3.1 and 3.2 of this act become effective on September 30, 1999.

  2.  Sections 1 and 2 of this act become effective on October 1, 1999.

  [2.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.]

    2.  Chapter 280, Statutes of Nevada 1999, at page 1174, is hereby amended by adding thereto new sections to be designated as sections 3.1 and 3.2, immediately following section 3, to read respectively as follows:

  Sec. 3.1.  Section 3 of chapter 64, Statutes of Nevada 1999, at page 158, is hereby amended to read as follows:

  Sec. 3.  NRS 482.500 is hereby amended to read as follows:

  482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration............................................................................................................................... $5.00

For every substitute number plate or set of plates................................................................................................ 5.00

For every duplicate number plate or set of plates............................................................................................... 10.00

For every decal displaying a county name.............................................................................................................. .50

For every other decal, license plate sticker or tab.................................................................................................. 5.00

 

  2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

  (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.

  (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

  (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

  3.  A fee must not be charged for a duplicate or substitute decal requested pursuant to section 1 of [this act.] Senate Bill No. 379 of this session.

  4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.


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ê2001 Statutes of Nevada, Page 76 (Chapter 10, SB 29)ê

 

  5.  As used in this section:

  (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

  (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

  Sec. 3.2.  Section 5 of chapter 277, Statutes of Nevada 1999, at page 1167, is hereby amended to read as follows:

  Sec. 5.  NRS 482.500 is hereby amended to read as follows:

  482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration..... $5.00

For every substitute number plate or set of plates       5.00

For every duplicate number plate or set of plates      10.00

For every decal displaying a county name                     .50

For every other decal, license plate sticker or tab         5.00

 

  2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

  (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of Senate Bill No. 204 of this session and section 2 of this act, a fee of $10.

  (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

  (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

  3.  A fee must not be charged for a duplicate or substitute decal requested pursuant to section 1 of Senate Bill No. 379 of this session.

  4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

  5.  As used in this section:

  (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

  (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.


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ê2001 Statutes of Nevada, Page 77 (Chapter 10, SB 29)ê

 

    Sec. 64.  Section 2 of chapter 287, Statutes of Nevada 1999, at page 1186, is hereby amended to read as follows:

  Sec. 2.  NRS 426.565 [is] and section 95 of chapter 354, Statutes of Nevada 1999, at page 1495, are hereby repealed.

    Sec. 65.  Sections 5, 6 and 9 of chapter 288, Statutes of Nevada 1999, at pages 1189, 1190 and 1191, respectively, and section 15 of chapter 288, Statutes of Nevada 1999, at page 1197, as amended by section 29.6 of chapter 435, Statutes of Nevada 1999, at page 2045, are hereby amended to read respectively as follows:

  Sec. 5.  NRS 176.135 is hereby amended to read as follows:

  176.135  1.  Except as otherwise provided in this section [,] and section 3 of this act, the division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to or is found guilty of a felony.

  2.  If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report:

  (a) Must be made before the imposition of sentence or the granting of probation; and

  (b) If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.

  3.  If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:

  (a) A sentence is fixed by a jury; or

  (b) Such an investigation and report on the defendant has been made by the division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.

  4.  Upon request of the court, the division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to or are found guilty of gross misdemeanors.

  Sec. 6.  NRS 176.145 is hereby amended to read as follows:

  176.145  1.  The report of [the] any presentence investigation must contain:

  (a) Any prior criminal record of the defendant;

  (b) [Such information about his characteristics,] Information concerning the characteristics of the defendant, his financial condition, the circumstances affecting his behavior and the circumstances of [the offense, as] his offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

  (c) Information concerning the effect that the [crime] offense committed by the defendant has had upon the victim, including, [but not limited to,] without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the division and the extent of the information to be included in the report is solely at the discretion of the division;


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ê2001 Statutes of Nevada, Page 78 (Chapter 10, SB 29)ê

 

  (d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;

  (e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;

  (f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if such an evaluation is required pursuant to that section;

  (g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;

  (h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;

  (i) A written report of the results of a psychosexual evaluation of the defendant, if such an evaluation is required pursuant to NRS 176.139; and

  (j) Such other information as may be required by the court.

  2.  The division may include in the report [such] any additional information [as] that it believes [will] may be helpful in imposing a sentence, in granting probation or in correctional treatment.

  Sec. 9.  NRS 176.335 is hereby amended to read as follows:

  176.335  1.  If a judgment is for imprisonment in the state prison, the sheriff of the county shall, on receipt of the triplicate certified copies of the judgment of conviction, immediately notify the director of the department of prisons and the director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.

  2.  When such an authorized person presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to the authorized person two of the certified copies of the judgment of conviction and a copy of the report of the presentence investigation or general investigation, as appropriate, if required pursuant to NRS 176.159, and take from the person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of the judgment of conviction, showing his proceedings thereunder, and both that copy with the return affixed thereto and the receipt from the authorized person must be filed with the county clerk.

  3.  The term of imprisonment designated in the judgment of conviction must begin on the date of sentence of the prisoner by the court.

  4.  Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the director of the department of prisons shall return one of his certified copies of the judgment of conviction to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy must be filed with the county clerk. The return must show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.


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ê2001 Statutes of Nevada, Page 79 (Chapter 10, SB 29)ê

 

  Sec. 15.  1.  This section and sections 1 to [11, inclusive, and] 8, inclusive, 10, 11, 13 and 14 of this act become effective on October 1, 1999.

  2.  Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1999.

  3.  Section 11 of this act expires by limitation on June 30, 2001.

    Sec. 66.  Sections 9 and 20 of chapter 291, Statutes of Nevada 1999, at pages 1212 and 1221, respectively, are hereby amended to read respectively as follows:

  Sec. 9.  NRS 459.3816 is hereby amended to read as follows:

  459.3816  1.  The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:

 

 

Number Assigned

 

 

by Chemical

Quantity

Chemical Name of Substance

Abstract Service

(In pounds)

 

 

 

Acetaldehyde

75-07-0

2500

Acrolein (2-Propenal)

107-02-8

150

Acrylyl Chloride

814-68-6

250

Allyl Chloride

107-05-1

1000

Allylamine

107-11-9

1000

Alkylaluminums

None

5000

Ammonia, Anhydrous

7664-41-7

5000

Ammonia solutions (concentration greater than 44% ammonia by weight)

7664-41-7

10000

Ammonium Perchlorate

7790-98-9

7500

Ammonium Permanganate

7787-36-2

7500

Arsine (also called Arsenic Hydride)

7784-42-1

100

Bis (Chloromethyl) Ether

542-88-1

100

Boron Trichloride

10294-34-5

2500

Boron Trifluoride

7637-07-2

250

Bromine

7726-95-6

1500

Bromine Chloride

13863-41-7

1500

Bromine Pentafluoride

7789-30-2

2500

Bromine Trifluoride

7787-71-5

15000

3-Bromopropyne (also called Propargyl Bromide)

106-96-7

100

Butyl Hydroperoxide (Tertiary)

75-91-2

5000

Butyl Perbenzoate (Tertiary)

614-45-9

7500

Carbonyl Chloride (see Phosgene)

75-44-5

100

Carbonyl Fluoride

353-50-4

2500

Cellulose Nitrate (concentration greater than 12.6% Nitrogen)

9004-70-0

2500

Chlorine

7782-50-5

1500

Chlorine Dioxide

10049-04-4

1000

Chlorine Pentafluoride

13637-63-3

1000

Chlorine Trifluoride

7790-91-2

1000


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ê2001 Statutes of Nevada, Page 80 (Chapter 10, SB 29)ê

 

Chlorodiethylaluminum (also called Diethylaluminum Chloride)

96-10-6

5000

1-Chloro-2,4-Dinitrobenzene

97-00-7

5000

Chloromethyl Methyl Ether

107-30-2

500

Chloropicrin

76-06-2

500

Chloropicrin and Methyl Bromide mixture

None

1500

Chloropicrin and Methyl Chloride mixture

None

1500

Cumene Hydroperoxide

80-15-9

5000

Cyanogen

460-19-5

2500

Cyanogen Chloride

506-77-4

500

Cyanuric Fluoride

675-14-9

100

Diacetyl Peroxide (concentration greater than 70%)

110-22-5

5000

Diazomethane

334-88-3

500

Dibenzoyl Peroxide

94-36-0

7500

Diborane

19287-45-7

100

Dibutyl Peroxide (Tertiary)

110-05-4

5000

Dichloro Acetylene

7572-29-4

250

Dichlorosilane

4109-96-0

2500

Diethylzinc

557-20-0

10000

Diisopropyl Peroxydicarbonate

105-64-6

7500

Dilauroyl Peroxide

105-74-8

7500

Dimethyl Sulfide

75-18-3

100

Dimethyldichlorosilane

75-78-5

1000

Dimethylhydrazine, 1.1-

57-14-7

1000

Dimethylamine, Anhydrous

124-40-3

2500

2, 4 Dinitroaniline

97-02-9

5000

Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration greater than 60%)

1338-23-4

5000

Ethyl Nitrite

109-95-5

5000

Ethylamine

75-04-7

7500

Ethylene Fluorohydrin

371-62-0

100

Ethylene Oxide

75-21-8

5000

Ethyleneimine

151-56-4

1000

Fluorine

7782-41-4

100

Formaldehyde (concentration 37% or greater by weight)

50-00-0

1000

Furan

110-00-9

500

Hexafluoroacetone

684-16-2

5000

Hydrochloric Acid, Anhydrous

7647-01-0

5000

Hydrofluoric Acid, Anhydrous

7664-39-3

1000

Hydrogen Bromide

10035-10-6

5000

Hydrogen Chloride

7647-01-0

5000

Hydrogen Cyanide, Anhydrous

74-90-8

1000

Hydrogen Fluoride

7664-39-3

1000

Hydrogen Peroxide (concentration 52% or greater by weight)

7722-84-1

7500

Hydrogen Selenide

7783-07-5

150

Hydrogen Sulfide

7783-06-4

1500


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ê2001 Statutes of Nevada, Page 81 (Chapter 10, SB 29)ê

 

Hydroxylamine

7803-49-8

2500

Iron, Pentacarbonyl-

13463-40-6

250

Isopropyl Formate

625-55-8

500

Isopropylamine

75-31-0

5000

Ketene

463-51-4

100

Methacrylaldehyde

78-85-3

1000

Methacryloyl Chloride

920-46-7

150

Methacryloyloxyethyl Isocyanate

30674-80-7

100

Methyl Acrylonitrile

126-98-7

250

Methylamine, Anhydrous

74-89-5

1000

Methyl Bromide

74-83-9

2500

Methyl Chloride

74-87-3

15000

Methyl Chloroformate

79-22-1

500

Methyl Disulfide

624-92-0

100

Methyl Ethyl Ketone Peroxide [(concentration] (also Ethyl Methyl  Ketone Peroxide; concentration greater  than 60%)

1338-23-4

5000

Methyl Fluoroacetate

453-18-9

100

Methyl Fluorosulfate

421-20-5

100

Methyl Hydrazine

60-34-4

100

Methyl Iodide

74-88-4

7500

Methyl Isocyanate

624-83-9

250

Methyl Mercaptan

74-93-1

5000

Methyl Vinyl Ketone

78-94-4

100

Methyltrichlorosilane

75-79-6

500

Nickel Carbonyl (Nickel Tetracarbonyl)

13463-39-3

150

Nitric Acid (concentration 94.5% or  greater by weight)

7697-37-2

500

Nitric Oxide

10102-43-9

250

Nitroaniline (para Nitroaniline)

100-01-6

5000

Nitromethane

75-52-5

2500

Nitrogen Dioxide

10102-44-0

250

Nitrogen Oxides (NO; NO2; N2O4; N2O3)

10102-44-0

250

Nitrogen Tetroxide (also called Nitrogen Peroxide)

10544-72-6

250

Nitrogen Trifluoride

7783-54-2

5000

Nitrogen Trioxide

10544-73-7

250

Oleum (65% or greater by weight of  sulfur trioxide; also called Fuming Sulfuric Acid)

8014-95-7

1000

Osmium Tetroxide

20816-12-0

100

Oxygen Difluoride (Fluorine Monoxide)

7783-41-7

100

Ozone

10028-15-6

100

Pentaborane

19624-22-7

100

Peracetic Acid (concentration greater  than 60% Acetic Acid; also called  Peroxyacetic Acid)

79-21-0

1000

Perchloric Acid (concentration greater  than 60% by weight)

7601-90-3

5000


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ê2001 Statutes of Nevada, Page 82 (Chapter 10, SB 29)ê

 

Perchloromethyl Mercaptan

594-42-3

150

Perchloryl Fluoride

7616-94-6

5000

Peroxyacetic Acid (concentration greater than 60% Acetic Acid; also called Peracetic Acid)

79-21-0

1000

Phosgene (also called Carbonyl Chloride)

75-44-5

100

Phosphine (Hydrogen Phosphide)

7803-51-2

100

Phosphorus Oxychloride (also called Phosphoryl Chloride)

10025-87-3

1000

Phosphorus Trichloride

7719-12-2

1000

Phosphoryl Chloride (also called Phosphorus Oxychloride)

10025-87-3

1000

Propargyl Bromide (also called 3-Bromopropyne)

106-96-7

100

Propyl Nitrate

627-13-4

100

Sarin

107-44-8

100

Selenium Hexafluoride

7783-79-1

1000

Stibine (Antimony Hydride)

7803-52-3

500

Sulfur Dioxide (liquid)

7446-09-5

1000

Sulfur Pentafluoride

5714-22-7

250

Sulfur Tetrafluoride

7783-60-0

250

Sulfur Trioxide (also called Sulfuric Anhydride)

7446-11-9

1000

Sulfuric Anhydride (also called Sulfur Trioxide)

7446-11-9

1000

Tellurium Hexafluoride

7783-80-4

250

Tetrafluoroethylene

116-14-3

5000

Tetrafluorohydrazine

10036-47-2

5000

Tetramethyl Lead

75-74-1

1000

Thionyl Chloride

7719-09-7

250

Titanium Tetrachloride

7550-45-0

2500

Trichloro(chloromethyl) Silane

1558-25-4

100

Trichloro(dichlorophenyl) Silane

27137-85-5

2500

Trichlorosilane

10025-78-2

5000

Trifluorochloroethylene

79-38-9

10000

Trimethyoxysilane

2487-90-3

1500

 

  2.  The division, in consultation with the health districts created pursuant to NRS 439.370, the health division of the department of human resources and the division of industrial relations of the department of business and industry, shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.


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ê2001 Statutes of Nevada, Page 83 (Chapter 10, SB 29)ê

 

  Sec. 20.  1.  This section and sections 1 to 8, inclusive, and 10 to 19, inclusive, of this act [becomes] become effective upon passage and approval.

  2.  Section 9 of this act becomes effective on May 26, 1999.

    Sec. 67.  1.  Sections 1 and 4 of chapter 306, Statutes of Nevada 1999, at page 1269, are hereby amended to read respectively as follows:

  Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

  “Property of an interstate or intercounty nature” means tangible property that:

  1.  Physically crosses a county or state boundary; and

  2.  Is used directly in the operation of the business.

  Sec. 4.  NRS 361.320 is hereby amended to read as follows:

  361.320  1.  At the regular session of the Nevada tax commission commencing on the first Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate [and] or intercounty nature [, which must in any event include the property] used directly in the operation of all interstate or intercounty railroad, sleeping car, private car, [street railway, traction, telegraph,] natural gas transmission and distribution, water, telephone, scheduled and unscheduled air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.

  2.  Except as otherwise provided in [subsection] subsections 3 and 6 and NRS 361.323, the commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the commission shall then determine the total aggregate mileage operated within the state and within its several counties [,] and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the commission.

  3.  After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the commission shall segregate the value of any project in this state for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.

  4.  The Nevada tax commission shall adopt formulas [, and cause them to be incorporated] and incorporate them in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income, stock and debt, and the cost of its assets.


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  5.  If two or more persons perform separate functions that collectively are needed to deliver electric service to the final customer and the property used in performing the functions would be centrally assessed if owned by one person, the Nevada tax commission shall establish its valuation and apportion the valuation among the several counties in the same manner as the valuation of other centrally assessed property. The Nevada tax commission shall determine the proportion of the tax levied upon the property by each county according to the valuation of the contribution of each person to the aggregate valuation of the property. This subsection does not apply to [qualified facilities,] a qualifying facility, as defined in 18 C.F.R. § 292.101, which [were] was constructed before July 1, 1997.

  6.  A company engaged in a business described in subsection 1 that does not have property of an interstate or intercounty nature must be assessed as provided in subsection 8.

  7.  As used in this section [, “company”] :

  (a) “Company” means any person, company, corporation or association engaged in the business described.

  [7.] (b) “Commercial mobile radio service” has the meaning ascribed to it in 47 C.F.R. § 20.3 as that section existed on January 1, 1998.

  8.  All other property , including, without limitation, that of any company engaged in providing commercial mobile radio service, radio or television transmission services or cable television services, must be assessed by the county assessors, except as otherwise provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

  [8.] 9.  On or before November 1 of each year, the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due pursuant to this subsection in the manner provided in NRS 361.560.


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ê2001 Statutes of Nevada, Page 85 (Chapter 10, SB 29)ê

 

  2.  Chapter 306, Statutes of Nevada 1999, at page 1271, is hereby amended by adding thereto a new section to be designated as section 4.1, immediately following section 4, to read as follows:

  Sec. 4.1.  Section 3 of chapter 601, Statutes of Nevada 1999, at page 3274, is hereby amended to read as follows:

  Sec. 3.  NRS 361.320 is hereby amended to read as follows:

  361.320  1.  At the regular session of the Nevada tax commission commencing on the first Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate or intercounty nature used directly in the operation of all interstate or intercounty railroad, sleeping car, private car, natural gas transmission and distribution, water, telephone, scheduled and unscheduled air transport, electric light and power companies, [together with their franchises,] and the property [and franchises] of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.

  2.  Except as otherwise provided in subsections 3 and 6 and NRS 361.323, the commission shall establish and fix the valuation of [the franchise, if any, and] all physical property used directly in the operation of any such business of any such company in this state, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the commission shall then determine the total aggregate mileage operated within the state and within its several counties and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the commission.

  3.  After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the commission shall segregate the value of any project in this state for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.

  4.  The Nevada tax commission shall adopt formulas and incorporate them in its records, providing the method or methods pursued in fixing and establishing the taxable value of all [franchises and] property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income [, stock and debt,] and the cost of its assets [.] , but the taxable value may not exceed the cost of replacement as appropriately depreciated.

  5.  If two or more persons perform separate functions that collectively are needed to deliver electric service to the final customer and the property used in performing the functions would be centrally assessed if owned by one person, the Nevada tax commission shall establish its valuation and apportion the valuation among the several counties in the same manner as the valuation of other centrally assessed property.


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ê2001 Statutes of Nevada, Page 86 (Chapter 10, SB 29)ê

 

among the several counties in the same manner as the valuation of other centrally assessed property. The Nevada tax commission shall determine the proportion of the tax levied upon the property by each county according to the valuation of the contribution of each person to the aggregate valuation of the property. This subsection does not apply to a qualifying facility, as defined in 18 C.F.R. § 292.101, which was constructed before July 1, 1997.

  6.  A company engaged in a business described in subsection 1 that does not have property of an interstate or intercounty nature must be assessed as provided in subsection 8.

  7.  As used in this section:

  (a) “Company” means any person, company, corporation or association engaged in the business described.

  (b) “Commercial mobile radio service” has the meaning ascribed to it in 47 C.F.R. § 20.3 as that section existed on January 1, 1998.

  8.  All other property, including, without limitation, that of any company engaged in providing commercial mobile radio service, radio or television transmission services or cable television services, must be assessed by the county assessors, except as otherwise provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

  9.  On or before November 1 of each year, the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due pursuant to this subsection in the manner provided in NRS 361.560.

    Sec. 68.  Section 9 of chapter 307, Statutes of Nevada 1999, at page 1274, is hereby amended to read as follows:

  Sec. 9.  NRS 366.390 is hereby amended to read as follows:

  366.390  1.  Except as otherwise provided in subsection [3,] 2, the department shall allow each special fuel supplier [or special fuel dealer] to retain an amount equal to 2 percent of the amount of the tax collected by the special fuel supplier [or special fuel dealer] as a fee for making the collection.

  2.  [If the special fuel for which the tax was collected by the special fuel supplier is sold to a purchaser who has been issued a permit pursuant to NRS 366.397, the special fuel supplier:


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ê2001 Statutes of Nevada, Page 87 (Chapter 10, SB 29)ê

 

  (a) Is entitled to retain one-half of the fee; and

  (b) Shall distribute one-half of the fee to the purchaser. If the fuel is resold by that purchaser to another purchaser who has been issued a permit pursuant to NRS 366.397, the purchaser who sells the special fuel to the subsequent purchaser shall distribute to that subsequent purchaser one-half of the fee he received from the special fuel supplier.

  3.]  A special fuel supplier who fails to submit a tax return pursuant to NRS 366.383 [or a special fuel dealer who fails to submit a tax return pursuant to NRS 366.386] is not entitled to the fee authorized pursuant to subsection 1 for any month for which a tax return is not filed.

    Sec. 69.  Sections 2 and 3 of chapter 335, Statutes of Nevada 1999, at pages 1381 and 1382, respectively, are hereby amended to read respectively as follows:

  Sec. 2.  NRS 4.373 is hereby amended to read as follows:

  4.373  1.  Except as otherwise provided in subsection 2 , section 1 of this act or [by] another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:

  (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

  (b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

  (c) Actively participate in a program of professional counseling at the expense of the offender;

  (d) Abstain from the use of alcohol and controlled substances;

  (e) Refrain from engaging in any criminal activity;

  (f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;

  (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

  (h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

  2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

  (a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the department of human resources;

  (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

  (c) Both programs set forth in paragraphs (a) and (b),

and that he comply with any other condition of suspension ordered by the justice of the peace.

  3.  The justice of the peace may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension.


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ê2001 Statutes of Nevada, Page 88 (Chapter 10, SB 29)ê

 

the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

  4.  The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

  Sec. 3.  NRS 5.055 is hereby amended to read as follows:

  5.055  1.  Except as otherwise provided in subsection 2 , section 1 of this act or [by] another specific statute, or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the municipal judge may order as a condition of suspension that the offender:

  (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

  (b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

  (c) Actively participate in a program of professional counseling at the expense of the offender;

  (d) Abstain from the use of alcohol and controlled substances;

  (e) Refrain from engaging in any criminal activity;

  (f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;

  (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

  (h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.

  2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

  (a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the department of human resources;

  (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

  (c) Both programs set forth in paragraphs (a) and (b),

and that he comply with any other condition of suspension ordered by the municipal judge.

  3.  The municipal judge may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

  4.  The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.


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ê2001 Statutes of Nevada, Page 89 (Chapter 10, SB 29)ê

 

    Sec. 70.  Sections 1, 3, 4 and 5 of chapter 337, Statutes of Nevada 1999, at pages 1387 and 1388, are hereby amended to read respectively as follows:

  Section 1.  NRS 552.085 is hereby amended to read as follows:

  552.085  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 552.0851 to [552.0863,] 552.0862, inclusive, and sections 41 and 42 of [this act] Assembly Bill No. 103 of this session have the meanings ascribed to them in those sections.

  Sec. 3.  NRS 552.160 is hereby amended to read as follows:

  552.160  1.  The department may order the inspection of any or all apiaries and all buildings used in connection with those apiaries in any district or districts of the state annually, or more often if deemed necessary, or upon report to it that there is a reason to believe that any apiary may be infected with any disease, or that any honey, honeycombs or beeswax is exposed to robber bees.

  2.  If the inspection discloses any disease, the department may:

  (a) Order the owner or any person in possession of the apiary to destroy the diseased bees, hives and appliances in a manner prescribed by the department and at the expense of the owner;

  (b) Order the owner or any person in possession of the apiary to treat the hives and appliances in a manner prescribed by the department and at the expense of the owner [,] if, in the opinion of the inspector, the nuisance can be abated by treatment rather than destruction; or

  (c) Proclaim a quarantine in accordance with the provisions of chapter 554 of NRS.

  3.  [If inspection discloses the existence of American foulbrood, the] The order for destruction or treatment must require compliance within [not less than 24 hours nor more than 72 hours. Any other order must specify] a reasonable time with reference to the nature of the disease.

  4.  If the inspection discloses honey, honeycombs or beeswax exposed to robber bees, the department may order the abatement of the nuisance in a manner appropriate to the circumstances.

  5.  The order must be served upon the owner or person in possession of the apiary personally or by registered or certified mail, or, if [the] that person cannot be located, by posting the order in a conspicuous place at the apiary.

  Sec. 4.  NRS 552.212 is hereby amended to read as follows:

  552.212  1.  A person shall not ship or transport into this state any queens or other bees in screened cages without comb unless the shipment is accompanied by a certificate of an authorized officer of the state of origin certifying that all bees intended for shipment:

  (a) Were inspected within 60 days before the date of shipment; and

  (b) Were found to be free from disease and pests.

  2.  The department [shall] may hold a shipment which is not accompanied by the certificate of inspection and notify the person who owns or controls the bees that they will be destroyed after 48 hours after the time of the notice unless a proper certificate of inspection is supplied. If the certificate is not supplied within that time, the bees may be destroyed.


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ê2001 Statutes of Nevada, Page 90 (Chapter 10, SB 29)ê

 

  Sec. 5.  NRS 552.215 is hereby amended to read as follows:

  552.215  If an inspection is requested by any person [for the purpose of obtaining a certificate of inspection for bees or appliances, the applicant for the certificate] to determine the presence of disease or colony strength, the person who requests the inspection shall pay a reasonable fee as prescribed by the department to pay the expenses of the inspection.

    Sec. 71.  1.  Section 12 of chapter 338, Statutes of Nevada 1999, at page 1395, is hereby amended to read as follows:

  Sec. 12.  NRS 293.547 is hereby amended to read as follows:

  293.547  1.  After the 30th day but not later than the 25th day before any election, a written challenge may be filed with the county clerk.

  2.  A registered voter may file a written challenge if:

  (a) He is registered to vote in the same precinct or district as the person whose right to vote is challenged; or

  (b) The challenge is based on the personal knowledge of the registered voter.

  3.  The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.

  4.  A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.

  5.  The county clerk shall [file] :

  (a) File the challenge in the registrar of voters’ register and:

  [(a)] (1) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.

  [(b)] (2) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.

  [6.  The county clerk shall, within]

  (b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel his registration. A copy of the challenge and information describing how to reregister properly must accompany the notice.

  (c) Immediately notify the district attorney. A copy of the challenge must accompany the notice.

  6.  Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.


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ê2001 Statutes of Nevada, Page 91 (Chapter 10, SB 29)ê

 

  2.  Chapter 338, Statutes of Nevada 1999, at page 1395, is hereby amended by adding thereto a new section to be designated as section 14, immediately following section 13, to read as follows:

  Sec. 14.  Section 12 of this act becomes effective at 12:01 a.m. on October 1, 1999.

    Sec. 72.  Section 18 of chapter 351, Statutes of Nevada 1999, at page 1430, is hereby amended to read as follows:

  Sec. 18.  1.  This section and sections 1 to 4, inclusive, 6, 8, 9 and 11 to 17, inclusive, of this act become effective upon passage and approval.

  2.  Sections 4, 6 [, 8] and 9 of this act expire by limitation on June 30, 1999.

  3.  Sections 5, 7 and 10 of this act become effective at 12:01 a.m. on July 1, 1999.

    Sec. 73.  1.  Sections 20, 21, 22, 34, 60, 76, 103, 127 to 133, inclusive, 146, 148, 162 and 222 of chapter 354, Statutes of Nevada 1999, at pages 1457, 1458, 1462, 1476, 1486, 1498, 1513, 1514, 1515, 1523, 1524, 1531 and 1556, are hereby amended to read respectively as follows:

  Sec. 20.  NRS 142.020 is hereby amended to read as follows:

  142.020  1.  The requirement of a bond of a personal representative is discretionary with the court. Whether a bond is expressly required by the will or not, the court may:

  (a) Require a bond if it determines a bond is desirable; or

  (b) Dispense with the requirement of a bond if it determines a bond is unnecessary.

  2.  The bond must be conditioned so that the personal representative will faithfully execute the duties of the office according to law, and the bond must be filed by the clerk.

  3.  Personal assets of an estate may be deposited with a domestic credit union or other domestic financial institution upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit is subject to the further order of the court. The bond of the personal representative may be reduced accordingly. The personal representative shall file with the clerk the acknowledgment of an authorized representative of the financial institution that holds the assets deposited, which may be in the following form:

 

PROOF OF BLOCKED ACCOUNT

 

  The undersigned affirms that ............................................, as personal representative of the estate of ............................................, deceased, has established an account, number .........., entitled “..........,” in the amount of $...........

  The undersigned acknowledges that this account bears a blocked/frozen designation, and that no money may be removed without first presenting an order from the court authorizing the withdrawal.

  Dated on .........................(date)........ By:.

  Title:   

 

  4.  During the pendency of the administration, any person, including a creditor, having an interest in an estate whose value exceeds $10,000 may file a petition requesting that the personal representative submit additional bond.


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may file a petition requesting that the personal representative submit additional bond. Upon the filing of the petition, the clerk shall set it for hearing, and the petitioner shall give notice for the period and in the manner provided in NRS 155.010. Upon hearing the petition, the court may require the personal representative to file additional bond in the amount of the claim of the petitioner, unless it determines that bond should be dispensed with or set in a different amount.

  5.  The amount of the bond is the estimated value of all personal property plus income for 1 year from both real and personal property, unless the amount of the bond is expressly mentioned in the will, changed by the court or required pursuant to subsection 4.

  6.  If a banking corporation, as defined in NRS 657.016, or trust company, as defined in NRS 669.070, doing business in this state is appointed the personal representative of the estate of a decedent, no bond is required unless otherwise specifically required by the court.

  Sec. 21.  NRS 143.175 is hereby amended to read as follows:

  143.175  1.  A personal representative may, with court approval:

  (a) Invest the property of the estate, make loans and accept security therefor, in the manner and to the extent authorized by the court; and

  (b) Exercise options of the estate to purchase or exchange securities or other property.

  2.  A personal representative may, without prior approval of the court, invest the property of the estate in:

  (a) Savings accounts in a bank , credit union or savings and loan association in this state, to the extent that the deposit is insured by the Federal Deposit Insurance Corporation [;] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755;

  (b) Interest-bearing obligations of, or fully guaranteed by, the United States;

  (c) Interest-bearing obligations of the United States Postal Service or the Federal National Mortgage Association;

  (d) Interest-bearing obligations of this state or of a county, city or school district of this state;

  (e) Money-market mutual funds that are invested only in obligations listed in paragraphs (a) to (d), inclusive; or

  (f) Any other investment authorized by the will of the decedent.

  Sec. 22.  NRS 144.020 is hereby amended to read as follows:

  144.020  1.  A personal representative may engage a qualified and disinterested appraiser to ascertain the fair market value, as of the decedent’s death, of any asset the value of which is subject to reasonable doubt. Different persons may be engaged to appraise different kinds of assets included in the estate.

  2.  Any such appraiser is entitled to a reasonable compensation for the appraisal and may be paid the compensation by the personal representative out of the estate at any time after completion of the appraisal.

  3.  If there is no reasonable doubt as to the value of assets, such as money, deposits in banks [,] or credit unions, bonds, policies of life insurance, or securities for money or evidence of indebtedness, and the asset is equal in value to cash, the personal representative shall file a verified record of value in lieu of the appraisement.


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  4.  If it appears beyond reasonable doubt that there will be no need to sell assets of the estate to pay the debts of the estate or expenses of administration, or to divide assets for distribution in kind to the devisees or heirs, the personal representative may petition the court for an order allowing a verified record of value to be filed in lieu of the appraisement, and the court may enter such an order with or without notice.

  Sec. 34.  NRS 218.644 is hereby amended to read as follows:

  218.644  1.  The legislative counsel bureau shall maintain a checking account in any qualified bank or credit union for the purposes of providing advance money and reimbursement to legislators and employees for travel expenses, paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs, other expenses which may or must be paid from the legislative fund and any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.

  2.  A request for advance money for travel constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator or employee in an amount equal to the sum advanced.

  3.  The legislator or employee is entitled to receive upon request any authorized travel expenses in excess of the amount advanced. The legislator or employee shall reimburse the legislative fund any amount advanced that is not used for reimbursable travel expenses.

  Sec. 60.  NRS 354.695 is hereby amended to read as follows:

  354.695  1.  As soon as practicable after taking over the management of a local government, the department shall, with the approval of the committee:

  (a) Establish and implement a management policy and a financing plan for the local government;

  (b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;

  (c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;

  (d) Establish an accounting system and separate [bank accounts,] accounts in a bank or credit union, if necessary, to receive and expend all money and assets of the local government;

  (e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;

  (f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;


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  (g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;

  (h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;

  (i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;

  (j) Meet with the creditors of the local government and formulate a debt liquidation program;

  (k) Approve the issuance of bonds or other forms of indebtedness by the local government;

  (l) Discharge any of the outstanding debts and obligations of the local government; and

  (m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.

  2.  The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.

  3.  The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.

  4.  Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.

  5.  The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.

  6.  Except as otherwise provided in section 1 of Assembly Bill No. 275 of this session and section 2 of [this act,] Senate Bill No. 473 of this session, once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.

  Sec. 76.  NRS 356.180 is hereby amended to read as follows:

  356.180  If a warrant of the county auditor is presented to the county treasurer for payment, the warrant becomes a check or order of the county treasurer if the county treasurer endorses thereon the name of the insured depository bank, credit union or [insured] savings and loan association, where payable, and a number, as provided in NRS 356.170, and countersigns his name thereto as county treasurer.

  Sec. 103.  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.


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  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 or credit unions of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.

  Sec. 127.  NRS 569.090 is hereby amended to read as follows:

  569.090  1.  Except as otherwise provided pursuant to a cooperative agreement established pursuant to NRS 569.031, the department shall:

  (a) Pay the reasonable expenses incurred in taking up, holding, advertising and selling the estray, and any damages for trespass allowed pursuant to NRS 569.440, from the proceeds of the sale of the estray and shall place the balance in an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. The proceeds from the sale and any interest on those proceeds, which are not claimed pursuant to subsection 2 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection account.

  (b) Make a complete record of the transaction, including the marks and brands and other means of identification of the estray, and shall keep the record available for inspection by members of the general public.

  2.  If the lawful owner of the estray is found within 1 year after its sale and proves ownership to the satisfaction of the department, the net amount received from the sale must be paid to the owner.

  3.  If any claim pending [after the expiration of] 1 year after the date of sale is denied, the proceeds and any interest thereon must be deposited in the livestock inspection account.

  Sec. 128.  NRS 573.020 is hereby amended to read as follows:

  573.020  1.  A person shall not hold, operate, conduct or carry on a public livestock auction in this state without first securing a license therefor from the department.

  2.  The application for a license must be on a form prescribed and furnished by the department and set forth:

  (a) The name of the operator of the public livestock auction.

  (b) The location of the establishment or premises where the public livestock auction will be conducted.

  (c) The type or kinds of livestock to be handled, sold or exchanged.

  (d) A description of the facilities that will be used to conduct the public livestock auction.

  (e) The weekly or monthly sales day or days on which the applicant proposes to operate his public livestock auction.

  (f) The name and address of the bank or credit union where the custodial account for consignors’ proceeds will be established and maintained by the operator of the public livestock auction in compliance with the provisions of NRS 573.104.

  (g) Such other information as the department reasonably may require, including, without limitation, proof that at the time of application the applicant has a line of credit established at a bank or credit union in the State of Nevada in an amount at least equal to the estimated average weekly gross sales receipts of the public livestock auction that will be conducted by him.


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estimated average weekly gross sales receipts of the public livestock auction that will be conducted by him.

  3.  The application must be accompanied by a bond or deposit receipt and the required fee as provided in this chapter.

  Sec. 129.  NRS 573.037 is hereby amended to read as follows:

  573.037  1.  As authorized by subsection 3 of NRS 573.030, in lieu of filing the bond described in NRS 573.033 or 573.035, the applicant may deliver to the director the receipt of a bank , credit union or trust company doing business in this state showing the deposit with that bank , credit union or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, the cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. A receipt must be accompanied by evidence that there are no unsatisfied judgments against the applicant of record in the county where the applicant resides.

  2.  An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this chapter.

  3.  If any licensed operator of a public livestock auction for any reason ceases to operate the auction, the amount of money or securities deposited in lieu of a bond must be retained by the department for 1 year. If [after the expiration of] 1 year after the cessation of the operation, no legal action has been commenced to recover against the money or securities, the amount thereof must be delivered to the owner thereof. If a legal action has been commenced within that period, all such money and securities must be held by the director subject to the order of a court of competent jurisdiction.

  Sec. 130.  NRS 573.104 is hereby amended to read as follows:

  573.104  1.  Each licensee shall deposit the gross proceeds received by him from the sale of livestock handled on a commission or agency basis in a separate [bank] account established and maintained by the licensee in the bank or credit union at which his line of credit, as required by paragraph (g) of subsection 2 of NRS 573.020, is established. The separate [bank] account must be designated a “custodial account for consignors’ proceeds.”

  2.  The custodial account for consignors’ proceeds may be drawn on only:

  (a) For the payment of net proceeds to the consignor, or any other person or persons of whom the licensee has knowledge who is entitled to those proceeds;

  (b) To obtain the sums due the licensee as compensation for his services; and

  (c) For such sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in his capacity as agent is required to pay for and on behalf of the consignor.

  3.  The licensee shall:

  (a) In each case keep such accounts and records that will at all times disclose the names of the consignors and the amount due to each from the money in the custodial account for consignors’ proceeds.


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  (b) Maintain the custodial account for consignors’ proceeds in a manner that will expedite examination by the director and indicate compliance with the requirements of this section.

  Sec. 131.  NRS 573.105 is hereby amended to read as follows:

  573.105  The director shall ascertain, at least quarterly, the continued existence and amount of the line of credit shown pursuant to paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line of credit at another bank or credit union in the State of Nevada and the amount of the replacement. If the line of credit is replaced, the custodial account must be transferred to the bank or credit union issuing the new line of credit. If a line of credit in the amount required is not maintained, the director shall suspend the operator’s license.

  Sec. 132.  NRS 573.183 is hereby amended to read as follows:

  573.183  If the director determines, on the basis of any verified complaint or of any inspection or investigation made by him pursuant to this chapter, that any operator of a public livestock auction is violating or is about to violate any provision of this chapter for the protection of consignor creditors, he may order:

  1.  The operator to cease and desist from:

  (a) Receiving or selling any livestock;

  (b) Receiving or disbursing any money; or

  (c) Any practice which violates any provision of this chapter or any other law or any rule, order or regulation issued pursuant to law.

  2.  Any bank or credit union which holds the custodial account of the operator, as required by NRS 573.104, to refrain from paying out any money from the account.

The order ceases to be effective upon the expiration of 3 days, excluding Saturdays, Sundays and other nonjudicial days, after its date of issuance unless a court has, pursuant to NRS 573.185, issued an order which continues the restraint.

  Sec. 133.  NRS 576.040 is hereby amended to read as follows:

  576.040  1.  Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall:

  (a) File one of the following:

      (1) A bond of a surety company authorized to do business in this state.

      (2) A bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond.

      (3) A personal bond secured by a first deed of trust on real property within this state which is subject to execution and worth, above all exemptions, double the amount of the bond. If the applicant files the bond with the department, he shall also file a policy of title insurance on the real property from a title insurance company licensed in this state which states that the property is free and clear of all encumbrances and liens other than the first deed of trust. The applicant shall certify under oath that the property is worth at least twice the amount of the bond and that it is unencumbered. The certificate must be approved by the department.

The bond must be in the form prescribed by, and to the satisfaction of, the department, conditioned for the payment of a judgment against the applicant and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products.


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conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products. The bond must provide that the surety company, if any, will notify the department before the end of the second business day after any claim or judgment has been made against the bond. The aggregate liability of any surety to all claimants is limited to the amount of the bond for each licensing period.

  (b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act, 7 U.S.C. § 204.

  (c) Furnish other security in the amount required by this section which is acceptable to the department.

  2.  In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the department the receipt of a bank , credit union or trust company in this state showing the deposit with that bank , credit union or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond. The cash or securities must be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt must be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county in which he is doing business or resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of NRS 576.042.

  3.  The amount of the bond, other security or deposit must be:

  (a) Based on the applicant’s annual volume of purchases, according to a schedule adopted by the department; and

  (b) Not less than $5,000 or more than $100,000.

  4.  All bonds must be renewed or continued in accordance with regulations adopted by the department.

  5.  Any licensed dealer, broker or commission merchant who knowingly sells or otherwise encumbers real property which is the security for a bond under subsection 1, after a policy of title insurance on that property has been issued and while the bond is in force, is guilty of a gross misdemeanor.

  Sec. 146.  NRS 615.255 is hereby amended to read as follows:

  615.255  1.  There is hereby created the rehabilitation division revolving account in an amount not to exceed $90,000. The money in the revolving account may be used for the payment of claims of:

  (a) Applicants for or recipients of services from:

      (1) The bureau of vocational rehabilitation, including, without limitation, the rehabilitation facilities described in subsection 2 of NRS 615.200; and

      (2) The bureau of services to the blind and visually impaired, including, without limitation, the vending stand program for the blind authorized by NRS 426.630 to 426.720, inclusive.

  (b) Vendors providing services to those applicants or recipients under procedures established by the division.

  2.  The money in the revolving account must be deposited in a bank or credit union qualified to receive deposits of public money. The bank or credit union shall secure the deposit with a depository bond satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation [.]


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satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

  3.  After expenditure of money from the revolving account, the administrator [of the division] shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the rehabilitation division revolving account, to be paid to the order of the administrator, and the state treasurer shall pay it.

  4.  Money in the rehabilitation division revolving account does not revert to the state general fund at the end of the fiscal year, but remains in the revolving account.

  5.  Purchases paid for from the rehabilitation division revolving account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of administration or his designated representative.

  Sec. 148.  NRS 616B.107 is hereby amended to read as follows:

  616B.107  1.  No person engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as an agent for the system is eligible for employment as investment counsel for the system.

  2.  The manager shall not engage investment counsel unless:

  (a) The principal business of the person selected by the manager consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of money on the basis of the individual needs of each client;

  (b) The person and his predecessors have been continuously engaged in such business for a period of 3 or more years, and, if a firm or corporation, the senior management personnel of the firm or corporation have an average of 10 years professional experience as investment managers;

  (c) The person as of the time originally hired, has at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in this state;

  (d) The person is registered as an investment adviser under the laws of the United States as from time to time in effect, or is a bank or an investment management subsidiary of a bank;

  (e) The contract between the system and the investment counsel is of no specific duration and is voidable at any time by either party; and

  (f) The person has been approved by the state board of finance for employment as investment counsel.

  3.  More than one investment counsel may be employed in the discretion of the manager.

  4.  The expense of such employment must be paid from the state insurance fund.

  5.  Any investment program adopted by the system and all investments made thereunder must be reported quarterly in writing by the manager to the state board of finance, and the report is subject to review by the state board of finance. The state board of finance may require the manager to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel.


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require the manager to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the manager has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the manager to carry out its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance must be in writing.

  6.  With the approval of the state board of finance, the manager may designate [the bank or] one or more banks or credit unions which shall have [the] custody of the various investments made pursuant to this section.

  7.  The system may accept due bills from brokers upon delivery of warrants if the certificates representing the investments are not readily available.

  Sec. 162.  NRS 631.350 is hereby amended to read as follows:

  631.350  1.  Except as otherwise provided in NRS 631.347 and section 1 of [this act,] Senate Bill No. 181 of this session, the board may:

  (a) Refuse to issue a license to any person;

  (b) Revoke or suspend the license or renewal certificate issued by it to any person;

  (c) Fine a person it has licensed;

  (d) Place a person on probation for a specified period on any conditions the board may order;

  (e) Issue a public reprimand to a person;

  (f) Limit a person’s practice to certain branches of dentistry;

  (g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;

  (h) Require that a person’s practice be supervised;

  (i) Require a person to perform public service without compensation;

  (j) Require a person to take a physical or mental examination or an examination of his competence;

  (k) Require a person to fulfill certain training or educational requirements;

  (l) Require a person to reimburse a patient; or

  (m) Any combination thereof,

upon proof satisfactory to the board that the person has engaged in any of the activities listed in subsection 2.

  2.  The following activities may be punished as provided in subsection 1:

  (a) Engaging in the illegal practice of dentistry or dental hygiene;

  (b) Engaging in unprofessional conduct; or

  (c) Violating any regulations adopted by the board or the provisions of this chapter.

  3.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.

  4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.


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to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

  Sec. 222.  Sections 20, 21, 22, 76, 77, 90, 150 , [and] 197 and 220.1 of this act become effective at 12:01 a.m. on October 1, 1999.

  2.  Chapter 354, Statutes of Nevada 1999, at page 1556, is hereby amended by adding thereto a new section to be designated as section 220.1, immediately following section 220, to read as follows:

  Sec. 220.1.  Section 19 of chapter 574, Statutes of Nevada 1999, at page 3051, is hereby amended to read as follows:

  Sec. 19.  1.  Except as otherwise provided in subsection 4, all expenses incurred by the board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.

  2.  All money received by the board must be deposited in a bank , credit union or other financial institution in this state and paid out on its order for its expenses.

  3.  The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in a bank , credit union or other financial institution in this state.

  4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the board shall deposit the money collected from the imposition of fines with the state treasurer for credit to the state general fund. If money is so deposited, the board may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

    Sec. 74.  1.  Sections 10, 18, 59, 92, 94.4, 96, 103.4, 109, 120, 124.4, 125, 128, 130, 132, 133, 137, 148, 155, 165, 180, 194 and 195 of chapter 357, Statutes of Nevada 1999, at pages 1562, 1563, 1576, 1593, 1595, 1600, 1601, 1606, 1609 to 1612, inclusive, 1616, 1620, 1625, 1630 and 1639, are hereby amended to read respectively as follows:

  Sec. 10.  “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session.

  Sec. 18.  1.  The secretary of state, when requested to do so, shall reserve, for a period of 90 days, the right to use a name available pursuant to section 17 of this act for the use of a proposed business trust. During the period, the name so reserved is not available for use or reservation by any other artificial person forming, organizing, registering or qualifying in the office of the secretary of state pursuant to the provisions of this Title without the written, acknowledged consent of the person at whose request the reservation was made.

  2.  The use by any artificial person of a name in violation of subsection 1 or section 17 of this act may be enjoined, even if the document under which the artificial person is formed, organized, registered or qualified has been filed by the secretary of state.


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document under which the artificial person is formed, organized, registered or qualified has been filed by the secretary of state.

  Sec. 59.  NRS 78.010 is hereby amended to read as follows:

  78.010  1.  As used in this chapter:

  (a) “Approval” and “vote” as describing action by the directors or stockholders mean the vote of directors in person or by written consent or of stockholders in person, by proxy or by written consent.

  (b) “Articles,” “articles of incorporation” and “certificate of incorporation” are synonymous terms and unless the context otherwise requires, include all certificates filed pursuant to NRS 78.030, [78.195,] 78.1955, 78.209, 78.380, 78.385 and 78.390 and any articles of merger or exchange filed pursuant to NRS 92A.200 to 92A.240, inclusive. Unless the context otherwise requires, these terms include restated articles and certificates of incorporation.

  (c) “Directors” and “trustees” are synonymous terms.

  (d) “Receiver” includes receivers and trustees appointed by a court as provided in this chapter or in chapter 32 of NRS.

  (e) “Registered office” means the office maintained at the street address of the resident agent.

  (f) “Resident agent” means the agent appointed by the corporation upon whom process or a notice or demand authorized by law to be served upon the corporation may be served.

  (g) “Sign” means to affix a signature to a document.

  (h) “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session.

  (i) “Stockholder of record” means a person whose name appears on the stock ledger of the corporation.

  (j) “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

  2.  General terms and powers given in this chapter are not restricted by the use of special terms, or by any grant of special powers contained in this chapter.

  Sec. 92.  NRS 78A.090 is hereby amended to read as follows:

  78A.090  1.  A close corporation may operate without a board of directors if the certificate of incorporation contains a statement to that effect.

  2.  An amendment to the certificate of incorporation eliminating a board of directors must be approved:

  (a) By all the shareholders of the corporation, whether or not otherwise entitled to vote on amendments; or

  (b) If no shares have been issued, by all subscribers for shares, if any, or if none, by the incorporators.

  3.  While a corporation is operating without a board of directors as authorized by subsection 1:

  (a) All corporate powers must be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, the shareholders.

  (b) Unless the articles of incorporation provide otherwise:


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      (1) Action requiring the approval of the board of directors or of both the board of directors and the shareholders is authorized if approved by the shareholders; and

      (2) Action requiring a majority or greater percentage vote of the board of directors is authorized if approved by the majority or greater percentage of votes of the shareholders entitled to vote on the action.

  (c) A requirement by a state or the United States that a document delivered for filing contain a statement that specified action has been taken by the board of directors is satisfied by a statement that the corporation is a close corporation without a board of directors and that the action was approved by the shareholders.

  (d) The shareholders by resolution may appoint one or more shareholders to sign documents as designated directors.

  4.  An amendment to the articles of incorporation that deletes the provision which eliminates a board of directors must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not otherwise entitled to vote on amendments. The amendment must specify the number, names and mailing addresses of the directors of the corporation or describe who will perform the duties of the board of directors.

  5.  As used in this section, “sign” means to execute or adopt a name, word or mark, including, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session, with the present intention to authenticate a document.

  Sec. 94.4.  “Signed” means to have executed or adopted a name, word or mark, including, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session, with the present intention to authenticate a document.

  Sec. 96.  NRS 80.010 is hereby amended to read as follows:

  80.010  1.  Before commencing or doing any business in this state, every corporation organized pursuant to the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must:

  (a) File in the office of the secretary of state of this state:

      (1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.

      (2) A certificate of acceptance of appointment executed by its resident agent, who must be a resident or located in this state. The certificate must set forth the name of the resident agent, his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.

      (3) A statement executed by an officer of the corporation [, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds,] setting forth:


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where the acknowledgment is taken to take acknowledgments of deeds,] setting forth:

           (I) A general description of the purposes of the corporation; and

           (II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.

  (b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par‑value shares and their par value, and the number of no-par-value shares.

  2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is [the same as, or deceptively similar to the name of a corporation, limited partnership or limited-liability company existing pursuant to the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is at the time reserved in the manner provided in the laws of this state,] not distinguishable on the records of the secretary of state from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this Title that are on file in the office of the secretary of state and all names that are reserved in the office of the secretary of state pursuant to the provisions of this Title, unless the written , acknowledged consent of the holder of the [registered] name on file or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

  3.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless the state board of professional engineers and land surveyors certifies that:

  (a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or

  (b) The corporation is exempt from the prohibitions of NRS 625.520.

  4.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the documents that the business to be carried on by the corporation is subject to supervision by the commissioner of financial institutions, unless the commissioner certifies that:

  (a) The corporation has obtained the authority required to do business in this state; or

  (b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

  5.  The secretary of state may adopt regulations that interpret the requirements of this section.

  Sec. 103.4.  “Signed” means to have executed or adopted a name, word or mark, including, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session, with the present intention to authenticate a document.


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  Sec. 109.  “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session.

  Sec. 120.  NRS 82.466 is hereby amended to read as follows:

  82.466  1.  A federal court may take the same actions with respect to corporations governed by this chapter as a federal court may take with respect to corporations governed by chapter 78 of NRS under subsection 1 of NRS 78.622.

  2.  A corporation governed by this chapter shall file with the secretary of state a certified copy of the [plans] confirmed plan of reorganization [and the notices of bankruptcy] described in NRS 78.622 . [and 78.626.]

  Sec. 124.4.  “Signed” means to have executed or adopted a name, word or mark, including, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session, with the present intention to authenticate a document.

  Sec. 125.  NRS 84.020 is hereby amended to read as follows:

  84.020  An archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, other presiding officer or clergyman of a church or religious society or denomination, who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church or religious society or denomination, and in whom is vested the legal title to property held for the purposes, use or benefit of the church or religious society or denomination, may make and subscribe written articles of incorporation, in duplicate, [acknowledge the articles before a person authorized to take acknowledgments] and file one copy of the articles, together with a certificate of acceptance of appointment executed by the resident agent of the corporation, in the office of the secretary of state and retain possession of the other.

  Sec. 128.  Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 129 to [133,] 132, inclusive, of this act.

  Sec. 130.  “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session.

  Sec. 132.  A limited-liability company that has revived or renewed its charter pursuant to the provisions of this chapter:

  1.  Is a limited-liability company and continues to be a limited-liability company for the time stated in the certificate of revival or renewal;

  2.  Possesses the rights, privileges and immunities conferred by the original charter and by this chapter; and

  3.  Is subject to the restrictions and liabilities set forth in this chapter.

  Sec. 133.  (Deleted by amendment.)

  Sec. 137.  NRS 86.171 is hereby amended to read as follows:

  86.171  1.  The name of a limited-liability company formed under the provisions of this chapter must contain the words “Limited-Liability Company,” “Limited Company,” or “Limited” or the abbreviations “Ltd.,” “L.L.C.,” “L.C.,” “LLC” or “LC.”


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Company,” “Limited Company,” or “Limited” or the abbreviations “Ltd.,” “L.L.C.,” “L.C.,” “LLC” or “LC.” The word “Company” may be abbreviated as “Co.”

  2.  The name proposed for a limited-liability company must be distinguishable on the records of the secretary of state from the names of all other artificial persons formed, organized [or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names] , registered or qualified pursuant to the provisions of this Title that are on file in the office of the secretary of state [.] and all names that are reserved in the office of the secretary of state pursuant to the provisions of this Title. If a proposed name is not so distinguishable, the secretary of state shall return the articles of organization to the organizer, unless the written , acknowledged consent of the holder of the [registered] name on file or reserved name to use the same name or the requested similar name accompanies the articles of organization.

  3.  For the purposes of this section and NRS 86.176, a proposed name is not [distinguished] distinguishable from a [registered] name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name, or any combination of these.

  4.  The name of a limited-liability company whose charter has been revoked, [whose existence has terminated,] which has merged and is not the surviving [company, or which for any other reason is no longer in good standing] entity or whose existence has otherwise terminated is available for use by any other artificial person.

  5.  The secretary of state shall not accept for filing any articles of organization for any limited-liability company if the name of the limited-liability company contains the words “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada state board of accountancy certifies that the limited-liability company:

  (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

  (b) Has filed with the state board of accountancy under penalty of perjury a written statement that the limited-liability company is not engaged in the practice of accounting and is not offering to practice accounting in this state.

  6.  The secretary of state may adopt regulations that interpret the requirements of this section.

  Sec. 148.  NRS 87.020 is hereby amended to read as follows:

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

  1.  “Bankrupt” includes bankrupt under the Federal Bankruptcy Act or insolvent under any state insolvent act.

  2.  “Business” includes every trade, occupation or profession.

  3.  “Conveyance” includes every assignment, lease, mortgage or encumbrance.

  4.  “Court” includes every court and judge having jurisdiction in the case.

  5.  “Professional service” means any type of personal service which may legally be performed only pursuant to a license or certificate of registration.

  6.  “Real property” includes land and any interest or estate in land.


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  7.  “Registered limited-liability partnership” means a partnership formed pursuant to an agreement governed by this chapter for the purpose of rendering a professional service and registered pursuant to and complying with NRS 87.440 to 87.560, inclusive.

  8.  “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session.

  9.  “Signed” means to have affixed a signature to a document.

  10.  “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

  Sec. 155.  NRS 88.315 is hereby amended to read as follows:

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

  1.  “Certificate of limited partnership” means the certificate referred to in NRS 88.350, and the certificate as amended or restated.

  2.  “Contribution” means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.

  3.  “Event of withdrawal of a general partner” means an event that causes a person to cease to be a general partner as provided in NRS 88.450.

  4.  “Foreign limited partnership” means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.

  5.  “General partner” means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.

  6.  “Limited partner” means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.

  7.  “Limited partnership” and “domestic limited partnership” mean a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.

  8.  “Partner” means a limited or general partner.

  9.  “Partnership agreement” means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.

  10.  “Partnership interest” means a partner’s share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.

  11.  “Registered office” means the office maintained at the street address of the resident agent.

  12.  “Resident agent” means the agent appointed by the limited partnership upon whom process or a notice or demand authorized by law to be served upon the limited partnership may be served.

  13.  “Sign” means to affix a signature to a document.


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  14.  “Signature” means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session.

  15.  “State” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

  16.  “Street address” of a resident agent means the actual physical location in this state at which a resident is available for service of process.

  Sec. 165.  NRS 89.250 is hereby amended to read as follows:

  89.250  1.  A professional association shall, on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all members and employees in such association and shall certify that all members and employees are licensed to render professional service in this state.

  2.  The statement must:

  (a) Be made on a form prescribed by the secretary of state [but] and must not contain any fiscal or other information except that expressly called for by this section.

  (b) Be signed by the chief executive officer of the association.

  3.  Upon filing the annual statement required by this section, the association shall pay to the secretary of state a fee of $15.

  4.  As used in this section, “signed” means to have executed or adopted a name, word or mark, including, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session, with the present intention to authenticate a document.

  Sec. 180.  NRS 92A.230 is hereby amended to read as follows:

  92A.230  1.  Articles of merger or exchange must be signed [and acknowledged] by each domestic constituent entity as follows:

  (a) By the president or a vice president of a domestic corporation, whether or not for profit;

  (b) By all the general partners of a domestic limited partnership; [and]

  (c) By a manager of a domestic limited-liability company with managers or by all the members of a domestic limited-liability company without managers [.] ; and

  (d) By a trustee of a domestic business trust.

  2.  If the domestic entity is a corporation, the articles must also be signed by the secretary or an assistant secretary . [, but the signature need not be acknowledged.]

  3.  Articles of merger or exchange must be signed by each foreign constituent entity in the manner provided by the law governing it.

  4.  As used in this section, “signed” means to have executed or adopted a name, word or mark, including, without limitation, a digital signature as defined in section 7 of Assembly Bill No. 674 of this session, with the present intention to authenticate a document.

  Sec. 194.  1.  Section 16.5 of chapter 380, Statutes of Nevada 1999, at page 1709, is hereby repealed.

  2.  NRS 78.626, 78.627, 78.628 and 80.270 are hereby repealed.

  [2.] 3.  Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Senate Bill No. 19 of this session are hereby repealed.


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  Sec. 195.  1.  This section and section 193.1 of this act [becomes] , and subsection 1 of section 194 of this act become effective on June 30, 1999.

  2.  Sections 1 to 136, inclusive, and 138 to 193, inclusive, of this act and subsections 2 and 3 of section 194 of this act become effective on July 1, 1999.

  [2.] 3.  Section 137 of this act becomes effective at 12:01 a.m. on July 1, 1999.

  4.  The amendatory provisions of section 188 of this act expire by limitation on November 30, 1999.

  2.  Chapter 357, Statutes of Nevada 1999, at page 1616, is hereby amended by adding thereto a new section to be designated as section 147.1, immediately following section 147, to read as follows:

  Sec. 147.1.  NRS 86.563 is hereby amended to read as follows:

  86.563  [An organizer, manager or managing member] Before the issuance of members’ interests an organizer, and after the issuance of members’ interests, a manager, of a limited-liability company may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the organizer [,] or manager [or managing member] to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.

  3.  Chapter 357, Statutes of Nevada 1999, at page 1639, is hereby amended by adding thereto a new section to be designated as section 193.1, immediately following section 193, to read as follows:

  Sec. 193.1.  Sections 14 and 18 of chapter 380, Statutes of Nevada 1999, at pages 1707 and 1711, respectively, are hereby amended to read respectively as follows:

  Sec. 14.  NRS 80.010 is hereby amended to read as follows:

  80.010  1.  Before commencing or doing any business in this state, [every] each corporation organized pursuant to the laws of another state, territory, the District of Columbia, a [dependency] possession of the United States or a foreign country, that enters this state to do business must:

  (a) File in the office of the secretary of state of this state:

      (1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.

      (2) A certificate of acceptance of appointment executed by its resident agent, who must be a resident or located in this state. The certificate must set forth the name of the resident agent, his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.


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      (3) A statement executed by an officer of the corporation setting forth:

           (I) A general description of the purposes of the corporation; and

           (II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.

  (b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par‑value shares and their par value, and the number of no-par-value shares.

  2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is not distinguishable on the records of the secretary of state from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this Title that are on file in the office of the secretary of state and all names that are reserved in the office of the secretary of state pursuant to the provisions of this Title, unless the written, acknowledged consent of the holder of the name on file or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

  3.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless the state board of professional engineers and land surveyors certifies that:

  (a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or

  (b) The corporation is exempt from the prohibitions of NRS 625.520.

  4.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the documents that the business to be carried on by the corporation is subject to supervision by the commissioner of financial institutions, unless the commissioner certifies that:

  (a) The corporation has obtained the authority required to do business in this state; or

  (b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

  5.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada state board of accountancy certifies that the foreign corporation:

  (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

  (b) Has filed with the state board of accountancy under penalty of perjury a written statement that the foreign corporation is not engaged in the practice of accounting and is not offering to practice accounting in this state.


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engaged in the practice of accounting and is not offering to practice accounting in this state.

  6.  The secretary of state may adopt regulations that interpret the requirements of this section.

  Sec. 18.  1.  This section and sections 1, 2, 3 [and 5 to 17,] , 5 to 13, inclusive, 15, 16 and 17 of this act become effective on July 1, 1999.

  2.  Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1999.

  3.  Section 4 of this act becomes effective at 12:01 a.m. on January 1, 2001.

    Sec. 75.  Section 13 of chapter 380, Statutes of Nevada 1999, at page 1706, is hereby amended to read as follows:

  Sec. 13.  NRS 78.045 is hereby amended to read as follows:

  78.045  1.  The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this state which provides that the name of the corporation contains the word “bank” or “trust,” unless:

  (a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank or savings and loan association; and

  (b) The articles or certificate of amendment is first approved by the commissioner of financial institutions.

  2.  The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the provisions of this chapter if it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance or by the commissioner of financial institutions, unless the articles or certificate of amendment is approved by the commissioner who will supervise the business of the corporation.

  3.  Except as otherwise provided in subsection [4,] 5, the secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed pursuant to the laws of this state if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless:

  (a) The state board of professional engineers and land surveyors certifies that the principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or

  (b) The state board of professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.

  4.  The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this state which provides that the name of the corporation contains the words “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada state board of accountancy certifies that the corporation:


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“auditing” unless the Nevada state board of accountancy certifies that the corporation:

  (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

  (b) Has filed with the state board of accountancy under penalty of perjury a written statement that the corporation is not engaged in the practice of accounting and is not offering to practice accounting in this state.

  5.  The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities Exchange Act of 1934, which does not engage in the practice of professional engineering.

  [5.] 6.  The commissioner of financial institutions and the commissioner of insurance may approve or disapprove the articles or amendments referred to them pursuant to the provisions of this section.

    Sec. 76.  Section 3 of chapter 382, Statutes of Nevada 1999, at page 1712, is hereby amended to read as follows:

  Sec. 3.  1.  If a person is notified of a delinquency pursuant to NRS 612.685, he shall neither transfer, pay over nor make any other disposition of money or property belonging to the delinquent employing unit, or any portion thereof, until the administrator consents thereto in writing.

  2.  A person so notified shall, within 10 days after receipt of the notice, advise the administrator of all credits, debts or other personal property of the delinquent employing unit in his possession, under his control or owing by him, as the case may be.

  3.  The administrator may, personally or by registered or certified mail, give the person so notified a demand to transmit. Upon receipt of the demand, that person shall transmit to the division, within the time and in the manner stated in the demand, the lesser of:

  (a) All the credits, debts or other personal property of the delinquent employing unit in his possession, under his control or owing by him; or

  (b) The amount specified in the demand.

Except as otherwise provided in subsection 4, no further notice is required.

  4.  If the property of the delinquent employing unit consists of a series of payments owed to it, the person who owes or controls the payments shall transmit them to the division until otherwise notified by the administrator. If the debt is not paid within 1 year after the demand to transmit was given, the administrator shall give another demand to the person who owes or controls the payments, instructing him to continue to transmit the payments or informing him that his duty to transmit them has ceased.

  5.  A person notified of a delinquency who makes any transfer or other disposition of property required to be withheld or transmitted to the division is liable for the amount of the delinquency to the extent of the value of the property or the amount of the debt so transferred or paid.

  6.  The division shall determine as promptly as practicable whether sufficient liquid assets have been withheld or transmitted to satisfy its claim. As soon as the division determines that the assets are sufficient, it shall consent in writing to a transfer or other disposition of assets in excess of the amount needed.


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sufficient, it shall consent in writing to a transfer or other disposition of assets in excess of the amount needed.

    Sec. 77.  1.  Sections 47 and 48 of chapter 383, Statutes of Nevada 1999, at page 1739, are hereby amended to read respectively as follows:

  Sec. 47.  1.  Sections 6 to 11, inclusive, of chapter 475, Statutes of Nevada 1999, at pages 2415 and 2416, are hereby repealed.

  2.  NRS 616A.235, 616B.218, 616B.389 and 616C.535 are hereby repealed.

  [2.] 3.  NRS 616B.230 is hereby repealed.

  Sec. 48.  1.  This section , section 46.1 and [sections] subsection 1 of section 47 of this act become effective on June 30, 1999.

  2.  Sections 2, 5 to 9, inclusive, 11, 14, 19 to 24, inclusive, 26 to 32, inclusive, 34, 35, [36,] 38, 39, 40 to 46, inclusive, and subsection [1] 2 of section 47 of this act become effective on July 1, 1999.

  [2.] 3.  Sections 1, 3, 4, 10, 12, 15, 16, 17, 18, 25, 33, 36, 37 and subsection [2] 3 of section 47 of this act become effective at 12:01 a.m. on July 1, 1999.

  [3.] 4.  Section 13 of this act becomes effective at 12:02 a.m. on July 1, 1999.

  2.  Chapter 383, Statutes of Nevada 1999, at page 1739, is hereby amended by adding thereto a new section to be designated as section 46.1, immediately following section 46, to read as follows:

  Sec. 46.1.  Section 14 of chapter 475, Statutes of Nevada 1999, at page 2417, is hereby amended to read as follows:

  Sec. 14.  1.  This section and [sections 6 to 12, inclusive,] section 12 of this act become effective on July 1, 1999.

  2.  Sections 1 to 5, inclusive, and 13 of this act become effective at 12:01 a.m. on July 1, 1999.

    Sec. 78.  Section 5 of chapter 384, Statutes of Nevada 1999, at page 1749, is hereby amended to read as follows:

  Sec. 5.  Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

  The commission on economic development shall, on or before January 15 of each odd-numbered year, prepare and submit to the director of the legislative counsel bureau for transmission to the legislature a report concerning the abatements from taxation that the commission approved pursuant to section 1 of this act. The report must set forth, for each abatement from taxation that the commission approved in the 2-year period immediately preceding the submission of the report:

  1.  The dollar amount of the abatement;

  2.  The location of the business for which the abatement was approved;

  3.  The number of employees that the business for which the abatement was approved employs or will employ;

  4.  Whether the business for which the abatement was approved is a new business or an existing business; and

  5.  Any other information that the commission determines to be useful.


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    Sec. 79.  Sections 1, 3 and 4 of chapter 386, Statutes of Nevada 1999, at pages 1752, 1753 and 1754, respectively, are hereby amended to read respectively as follows:

  Section 1.  NRS 385.210 is hereby amended to read as follows:

  385.210  1.  The superintendent of public instruction shall prescribe a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools.

  2.  The superintendent shall prepare pamphlet copies of the [school law,] codified statutes relating to schools, and shall transmit a copy to each school, school trustee [,] and other school officer in [the state. When] this state. If the state board adopts regulations to carry out these codified statutes or if additions or amendments are made to [the school law, he] these codified statutes, the superintendent shall have [them] the regulations, additions or amendments printed and transmitted immediately thereafter. Each pamphlet [shall] must be marked “State property—to be turned over to your successor in office.” Each school shall maintain a copy of the pamphlet with any regulations, additions or amendments in the school library.

  3.  In addition to the requirements set forth in subsection 2, the superintendent shall, to the extent practicable and not later than July 1 of each year, provide to the board of trustees of each school district a memorandum that describes each statute newly enacted by the legislature which affects the public schools in this state and the pupils who are enrolled in the public schools in this state. The memorandum may compile all the statutes into one document. If a statute requires the state board to take action to carry out the statute, the memorandum must include a brief plan for carrying out the statute by the state board. In addition, the memorandum must include the date on which the statute becomes effective and the date by which it must be carried into effect by a school district or public school.

  4.  The superintendent shall, if directed by the state board, prepare and publish a bulletin as the official publication of the department.

  Sec. 3.  NRS 386.360 is hereby amended to read as follows:

  386.360  1.  Not later than 60 days after receipt of a memorandum pursuant to subsection 3 of NRS 385.210 from the superintendent of public instruction, the board of trustees of a school district shall determine which statutes directly affect pupils, parents, teachers, administrators or other educational personnel and require a plan for implementation. If the board of trustees determines that a statute requires a plan for implementation, the board of trustees shall prepare a brief plan, which must ensure that the school district and the public schools within the school district will comply with the statute on the date on which the statute becomes effective and thereafter. The board of trustees shall provide written notice of the information contained in the memorandum provided pursuant to subsection 3 of NRS 385.210 that directly affects pupils, parents, teachers, administrators or other educational personnel and a brief plan for implementation of the statutes, if any, to the parents and legal guardians of pupils who are enrolled in public schools within the school district and all teachers, administrators and other educational personnel who are employed by the board of trustees. The written notice to the parents and legal guardians may be:


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  (a) Included in other notices that the board of trustees provides to parents and legal guardians.

  (b) Provided in a language other than English if the board of trustees determines that it is necessary for the parent or legal guardian to understand the notice.

  2.  Each board of trustees may prescribe and enforce rules, not inconsistent with law or rules prescribed by the state board , [of education,] for its own government and the government of public schools under its charge.

  [2.] 3.  Each board of trustees shall prescribe rules for the granting of permission to carry or possess a weapon pursuant to NRS 202.265.

  Sec. 4.  The superintendent of public instruction and the board of trustees of each school district shall provide information on statutes and regulations in accordance with the amendatory provisions of [subsections 3 and 4] subsection 3 of section 1 of this act and subsection 1 of section 3 of this act for all statutes and regulations that are effective on or after July 1, 1999.

    Sec. 80.  1.  Sections 15, 23, 37, 39, 52, 57.4, 62.1, 62.2, 71, 85, 96.5 and 115 of chapter 388, Statutes of Nevada 1999, at pages 1762, 1764, 1771, 1776, 1783, 1785, 1786, 1800, 1806, 1815 and 1828, and section 140 of chapter 388, Statutes of Nevada 1999, at page 1843, as amended by section 26.5 of chapter 582, Statutes of Nevada 1999, at page 3148, are hereby amended to read respectively as follows:

  Sec. 15.  NRS 616A.485 is hereby amended to read as follows:

  616A.485  1.  [The books, records and payrolls of an employer insured by the system must be open to inspection by the administrator, the system or its auditor or agent or by auditors of the department of taxation to determine:

  (a) The accuracy of the payroll;

  (b) The number of persons employed; and

  (c) Any other information necessary for the administration of chapters 616A to 617, inclusive, of NRS.

  2.]  The books, records and payroll of an employer who is self-insured, a member of an association of self-insured public or private employers or insured by a private carrier must be open to inspection by the administrator or his auditor or agent [in the manner prescribed in subsection 1.

  3.] to determine:

  (a) The accuracy of the payroll;

  (b) The number of persons employed; and

  (c) Any other information necessary for the administration of chapters 616A to 617, inclusive, of NRS.

  2.  The books, records and payroll of an employer who is insured by a private carrier must be open to inspection by that private carrier or its auditor or agent in the manner prescribed in subsection 1.

  Sec. 23.  NRS 616B.036 is hereby amended to read as follows:

  616B.036  1.  [The system and private carriers] A private carrier may provide industrial insurance for an organization or association of employers as a group if:

  (a) The members of the organization or association are engaged in a common trade or business; and


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  (b) The formation and operation of a program of industrial insurance for the organization or association will substantially assist in the handling of claims and the prevention of accidents for the employers as a group.

  2.  Notwithstanding the provisions of subsection 1, [the system and private carriers] a private carrier may provide industrial insurance for an organization or association of employers as a group whose members are not engaged in a common trade or business if:

  (a) The organization or association of employers is formed and maintained for purposes other than obtaining industrial insurance; and

  (b) The contract or other agreement pursuant to which the [system or the] private carrier will provide industrial insurance for the organization or association provides that:

      (1) A separate policy will be issued to each member of the organization or association; and

      (2) Other than the payment of premiums by the organization or association, the organization or association and each of its members are not liable for the cost of the administration of claims or the compensation payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

  3.  The commissioner must approve each organization or association before a policy of industrial insurance may be issued to it as a group pursuant to subsection 1 or 2.

  4.  The commissioner shall adopt regulations for the qualification of organizations or associations of employers described in subsections 1 and 2.

  Sec. 37.  NRS 616B.460 is hereby amended to read as follows:

  616B.460  1.  An employer may elect to purchase industrial insurance from a private carrier for his employees pursuant to chapters 616A to 617, inclusive, of NRS.

  2.  An employer may elect to purchase insurance from an insurer other than his present insurer if the employer has:

  (a) Given at least 10 days’ notice to the administrator of the change of insurer; and

  (b) Furnished evidence satisfactory to the administrator that the payment of compensation has otherwise been secured.

  3.  Each private carrier [and the system] shall notify the administrator if an employer has changed his insurer or has allowed his insurance to lapse, within 15 days after the insurer has notice of the change or lapse.

  Sec. 39.  NRS 616B.527 is hereby amended to read as follows:

  616B.527  A self-insured employer, an association of self-insured public or private employers or a private carrier may:

  1.  Enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.

  2.  Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.


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employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.

  3.  [Use the services of an organization for managed care that has entered into a contract with the manager pursuant to NRS 616B.515, but is not required to use such services.

  4.]  Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, association or private carrier has contracted pursuant to subsections 1 and 2, or as the self-insured employer, association or private carrier otherwise prescribes.

  [5.] 4.  Require employees to obtain the approval of the self-insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier.

  [6.] 5.  An organization for managed care with whom a self-insured employer, association of self-insured public or private employers or a private carrier has contracted pursuant to this section shall comply with the provisions of sections 2, 3 and 4 of [this act.] Assembly Bill No. 470 of this session.

  Sec. 52.  NRS 616C.090 is hereby amended to read as follows:

  616C.090  1.  The administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS [616B.515 or] 616B.527 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.

  2.  An injured employee whose employer’s insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS [616B.515 or] 616B.527 may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee.

  3.  An injured employee whose employer’s insurer has entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS [616B.515 or] 616B.527 must choose his treating physician or chiropractor pursuant to the terms of that contract.


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choose his treating physician or chiropractor pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor pursuant to the terms of the contract if the choice is made within 90 days after his injury. If the injured employee, after choosing his treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care services named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.

  4.  Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employee’s injury attributable to improper treatments by such physician, chiropractor or other person.

  5.  The administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.

  6.  An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.

  Sec. 57.4.  NRS 616C.235 is hereby amended to read as follows:

  616C.235  1.  Except as otherwise provided in [subsection 2:] subsections 2, 3 and 4:

  (a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant. The notice must include a statement that if the claimant does not agree with the determination, he has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

  (b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

  (c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

  2.  If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than [$500, the claim closes automatically. The claimant may not appeal the closing of such a claim. The] $300, the insurer may close the claim at any time after he sends, by first-class mail addressed to the last known address of the claimant, written notice that:


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  (a) The claim is being closed pursuant to this subsection;

  (b) The injured employee may appeal the closure of the claim pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive; and

  (c) If the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened.

  3.  In addition to the notice described in subsection 2, an insurer shall send to each claimant who receives less than [$500] $300 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed [automatically] pursuant to [this subsection.] subsection 2. The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice. The written notice must be:

  (a) Sent by first-class mail addressed to the last known address of the claimant; and

  (b) A document that is separate from any other document or form that is used by the insurer.

  4.  The closure of a claim pursuant to [this] subsection 2 is not effective unless notice is given as required by [this subsection.] subsections 2 and 3.

  Sec. 62.1.  NRS 616C.330 is hereby amended to read as follows:

  616C.330  1.  The hearing officer shall:

  (a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request;

  (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and

  (c) Conduct hearings expeditiously and informally.

  2.  The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada attorney for injured workers.

  3.  If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

  4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.


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616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

  5.  The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

  [5.] 6.  The hearing officer shall render his decision within 15 days after:

  (a) The hearing; or

  (b) He receives a copy of the report from the medical examination he requested.

  [6.] 7.  The hearing officer shall render his decision in the most efficient format developed by the chief of the hearings division of the department of administration.

  [7.] 8.  The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.

  [8.] 9.  Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.

  Sec. 62.2.  NRS 616C.360 is hereby amended to read as follows:

  616C.360  1.  A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

  2.  The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.

  3.  If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the appeals officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.

  4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.


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616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

  5.  Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.

  [5.] 6.  The appeals officer shall render his decision:

  (a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or

  (b) If a transcript has not been ordered, within 30 days after the date of the hearing.

  [6.] 7.  The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.

  Sec. 71.  NRS 616D.250 is hereby amended to read as follows:

  616D.250  1.  [Any employer insured by the system who refuses to submit his books, records and payroll for inspection, as provided by NRS 616A.485, to a representative of the system or the administrator, or to an auditor from the department of taxation presenting written authority for the inspection, is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the system or the administrator.

  2.]  A self-insured employer, a member of an association of self-insured public or private employers or an employer insured by a private carrier who refuses to submit his books, records and payroll to the administrator or the private carrier for inspection as provided by NRS 616A.485 is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the administrator or the private carrier, as applicable.

  [3.] 2.  The person who [gives] makes such refusal is guilty of a misdemeanor.

  Sec. 85.  NRS 218.610 is hereby amended to read as follows:

  218.610  As used in NRS 218.610 to 218.735, inclusive, and sections 7 and 8 of [this act,] Assembly Bill No. 631 of this session, “agency of the state” includes all offices, departments, boards, commissions [or] and institutions of the state . [, and the state industrial insurance system.]

  Sec. 96.5.  NRS 284.140 is hereby amended to read as follows:

  284.140  The unclassified service of the state consists of positions held by state officers or employees in the executive department of the state government as follows:

  1.  Persons chosen by election or appointment to fill an elective office.

  2.  Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

  3.  At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in each department, agency or institution.

  4.  Except as otherwise provided in NRS 223.085 and section 86.8 of this act, all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.


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  5.  All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.

  6.  Except as otherwise provided by the board of regents of the University of Nevada pursuant to NRS 396.251, officers and members of the teaching staff and the staffs of the agricultural extension department and experiment station of the University and Community College System of Nevada, or any other state institution of learning, and student employees of these institutions. Custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents of the University of Nevada shall assist the director in carrying out the provisions of this chapter applicable to the University and Community College System of Nevada.

  7.  Officers and members of the Nevada National Guard.

  8.  Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or another competent authority.

  9.  Patient and inmate help in state charitable, penal, mental and correctional institutions.

  10.  Part-time professional personnel who are paid for any form of medical, nursing or other professional service and who are not engaged in the performance of administrative or substantially recurring duties.

  11.  All other officers and employees authorized by law to be employed in the unclassified service.

  Sec. 115.  NRS 680B.027 is hereby amended to read as follows:

  680B.027  1.  Except as otherwise provided in NRS 680B.033 and 680B.050, and section 14 of [this act,] Assembly Bill No. 673 of this session, for the privilege of transacting business in this state, each insurer shall pay to the department of taxation a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.

  2.  The tax must be paid in the manner required by NRS 680B.030 and 680B.032.

  3.  The commissioner or the executive director of the department of taxation may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.

  [4.  For the purposes of this section, “insurer” includes the state industrial insurance system.]

  Sec. 140.  1.  This section, section 27, subsection 1 of section 127, and sections 128 and 129 of this act become effective upon passage and approval.

  2.  Subsection 1 of section 132 of this act becomes effective on June 1, 1999.

  3.  Sections 2, 3, 12.5, 86.1, 86.2, 86.6 to 86.9, inclusive, 96.5, 116, 122, 126.3, 127.5, 130 and 135 of this act become effective on July 1, 1999.

  4.  Section 86.4 of this act becomes effective on July 1, 1999, only if Assembly Bill No. 660 of this session is enacted by the legislature.

  5.  Sections 20.5, 35, 89, 117 and 139.4 of this act become effective at 12:01 a.m. on July 1, 1999.


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  6.  Sections 20, 24, 25, 26 and 96 of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act.

  7.  Sections 29 and 126.5 of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation before October 1, 1999.

  8.  Section 29.5 of this act becomes effective:

  (a) At 12:01 a.m. on October 1, 1999, only if the governor issues a proclamation pursuant to subsection 1 of section 129 of this act on October 1, 1999; or

  (b) On the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation after October 1, 1999.

  9.  Sections 20.6, 49.5, 52.5, 53.5, 57.2, 57.4, 62.1 to 62.5, inclusive, 68.2 to 68.8, inclusive, 80.5 and 139.2 of this act become effective on January 1, 2000.

  10.  Sections 1, 4 to 12, inclusive, 13 to 19, inclusive, 21, 22, 23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to 57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80, inclusive, 81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to [115,] 114, inclusive, 118 to 121, inclusive, 123 to 126, inclusive, subsection 2 of section 127, 131, subsection 2 of section 132, 133, 134, 136 to 139, inclusive, and 141 of this act become effective on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.

  11.  [Section] Sections 63 and 115 of this act [becomes] become effective at 12:01 a.m. on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.

  12.  Sections 20, 96, 116 , [and] 122 and 126.3 of this act expire by limitation on January 1, 2000, if the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.

  13.  Section 8 of this act expires by limitation on June 30, 2003.

  14.  Section 100 of this act expires by limitation on May 1, 2013.

  2.  Chapter 388, Statutes of Nevada 1999, at page 1764, is hereby amended by adding thereto a new section to be designated as section 20.6, immediately following section 20.5, to read as follows:

  Sec. 20.6.  NRS 616B.018 is hereby amended to read as follows:

  616B.018  1.  The administrator shall establish a method of indexing claims for compensation that will make information concerning the claimants of an insurer available to other insurers and the fraud control unit for industrial insurance established pursuant to NRS 228.420.

  2.  Every insurer shall provide the following information if required by the administrator for establishing and maintaining the index of claims:


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  (a) The first name, last name, middle initial, if any, date of birth and social security number of the injured employee;

  (b) The name and tax identification number of the employer of the injured employee;

  (c) If the employer of the injured employee is a member of an association of self-insured public or private employers, the name and tax identification number of that association;

  (d) The name and tax identification number of the insurer, unless the employer of the injured employee is self-insured and this requirement would duplicate the information required pursuant to paragraph (b);

  (e) The date upon which the employer’s policy of industrial insurance that covers the claim became effective and the date upon which it will expire or must be renewed;

  (f) The number assigned to the claim by the insurer;

  (g) The date of the injury or of the sustaining of the occupational disease;

  (h) The part of the body that was injured or the occupational disease that was sustained by the injured employee;

  (i) The percentage of disability as determined by the rating physician or chiropractor;

  (j) Which part of the body was permanently impaired, if any;

  (k) What type of accident or occupational disease that is the subject of the claim;

  (l) The date, if any, that the claim was closed; and

  (m) If the claim has been closed, whether the closure was [:

      (1) Automatic] pursuant to the provisions of [subsection] :

      (1) Subsection 2 of NRS 616C.235; or

      (2) [Pursuant to the provisions of subsection] Subsection 1 of NRS 616C.235,

and what type of compensation was provided for the claim.

  3.  The administrator shall require information provided pursuant to subsection 2 to be submitted:

  (a) In a format that is consistent with nationally recognized standards for the reporting of data regarding industrial insurance; and

  (b) Electronically or in another medium approved by the administrator.

  4.  The administrator shall ensure that the requirement for an insurer to provide information pursuant to subsection 2 is administered in a fair and equal manner so that an insurer is not required to provide more or a different type of information than another insurer similarly situated.

  5.  The provisions of this section do not prevent the administrator from:

  (a) Conducting audits pursuant to the provisions of NRS 616B.003 and collecting information from such audits;

  (b) Receiving and collecting information from the reports that insurers must submit to the administrator pursuant to the provisions of NRS 616B.009;

  (c) Investigating alleged violations of the provisions of chapters 616A to 617, inclusive, of NRS; or

  (d) Enforcing the provisions of chapters 616A to 617, inclusive, of NRS.


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  6.  If an employee files a claim with an insurer, the insurer is entitled to receive from the administrator a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, he must obtain the written consent of the employee.

  7.  Any information obtained from the index of claims may be admitted into evidence in any hearing before an appeals officer, a hearing officer or the administrator.

  8.  The division may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the administrator.

  9.  If the administrator determines that an insurer has intentionally failed to provide the information required by subsection 2, the administrator shall impose an administrative fine of $1,000 for the initial violation, and a fine of $2,000 for a second or subsequent violation.

  10.  As used in this section, “tax identification number” means the number assigned by the Internal Revenue Service of the United States Department of the Treasury for identification.

    Sec. 81.  Section 11 of chapter 391, Statutes of Nevada 1999, at page 1858, is hereby amended to read as follows:

  Sec. 11.  NRS 477.030 is hereby amended to read as follows:

  477.030  1.  Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

  (a) The prevention of fire.

  (b) The storage and use of [combustibles,] :

      (1) Combustibles, flammables and fireworks [.

  (c) The storage and use of explosives] ; and

      (2) Explosives in any commercial construction, but not in mining or the control of avalanches [.

  (d)] ,

under those circumstances that are not otherwise regulated by the division of industrial relations of the department of business and industry pursuant to section 2 of this act.

  (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

  [(e)] (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a county whose population is 50,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.


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those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.

  2.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.

  3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

  4.  The state fire marshal shall cooperate with the division of child and family services of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

  5.  The state fire marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

  6.  Except as otherwise provided in subsection 10, the state fire marshal shall:

  (a) Investigate any fire which occurs in a county other than one whose population is 50,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

  (b) Investigate any fire which occurs in a county whose population is 50,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

  (c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

  (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

  (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

  7.  The state fire marshal shall put the National Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.

  8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

  9.  The state fire marshal shall:

  (a) Assist in checking plans and specifications for construction;

  (b) Provide specialized training to local fire departments; and

  (c) Assist local governments in drafting regulations and ordinances,

on request or as he deems necessary.

  10.  In a county other than one whose population is 50,000 or more or which has been converted into a consolidated municipality, the state fire marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions.


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authority or duties if the local government’s personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the state fire marshal shall revoke the agreement.

    Sec. 82.  1.  Sections 13, 16, 24, 25 and 42 of chapter 394, Statutes of Nevada 1999, at pages 1876, 1878, 1882, 1884 and 1892, respectively, are hereby amended to read respectively as follows:

  Sec. 13.  NRS 458.400 is hereby amended to read as follows:

  458.400  1.  The commission may accept gifts, grants, appropriations and donations if its acceptance does not reduce, limit or cause it to be in competition for money normally available to local agencies and community programs, unless otherwise provided by a specific statute.

  2.  All money received by the commission must be deposited in the fund for substance abuse education, prevention, enforcement and treatment which is hereby created as a special revenue fund.

  3.  The money in the fund may be used only to:

  (a) Make grants pursuant to subsection 5 of NRS 458.420; and

  (b) Carry out the provisions of NRS 458.370 to 458.420, inclusive [.] , and sections 7 and 8 of this act.

  4.  All claims against the fund must be paid as other claims against the state are paid.

  5.  Any money received by the commission on the condition that it be expended for a specific purpose must be accounted for separately in the fund.

  Sec. 16.  NRS 62.2275 is hereby amended to read as follows:

  62.2275  1.  If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed:

  (a) An unlawful act in violation of NRS 484.379 or 484.3795;

  (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

  (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,

the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.

  2.  The evaluation of a child pursuant to this section:

  (a) Must be conducted by:

      (1) A counselor certified to make that classification by the bureau of alcohol and drug abuse;

      (2) A physician certified to make that classification by the board of medical examiners; or

      (3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,

who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.

  (b) May be conducted at an evaluation center.

  3.  The judge shall:


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  (a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.

  (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

  (c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all those charges:

      (1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

      (2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.

  4.  A treatment facility is not liable for any damages to person or property caused by a child who:

  (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,

after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.

  5.  The provisions of this section do not prohibit a judge from:

  (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. Such an evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

  (b) Ordering the child to attend a program of treatment which is administered by a private company.

  6.  All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.


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child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.

  7.  As used in this section:

  (a) “Bureau of alcohol and drug abuse” means the bureau of alcohol and drug abuse in [the rehabilitation division of] the department of [employment, training and rehabilitation.] human resources.

  (b) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

  (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

  Sec. 24.  NRS 484.37937 is hereby amended to read as follows:

  484.37937  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation] human resources for at least 6 months. The court shall authorize such treatment if:

  (a) The person is diagnosed as an alcoholic or abuser of drugs by a:

      (1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;] human resources; or

      (2) Physician certified to make that diagnosis by the board of medical examiners;

  (b) He agrees to pay the cost of the treatment to the extent of his financial resources; and

  (c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.

  2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

  (a) A violation of NRS 484.3795;

  (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or

  (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

  3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

  4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.


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limited to the question of whether the offender is eligible to undergo such a program of treatment.

  5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

  6.  If the court grants an application for treatment, the court shall:

  (a) Immediately sentence the offender and enter judgment accordingly.

  (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

  (c) Advise the offender that:

      (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

      (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

      (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

  7.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

  (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

  (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

  8.  The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

  Sec. 25.  NRS 484.3794 is hereby amended to read as follows:

  484.3794  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation] human resources for at least 1 year if:

  (a) He is diagnosed as an alcoholic or abuser of drugs by a:

      (1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;] human resources; or


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in the department of [employment, training and rehabilitation;] human resources; or

      (2) Physician certified to make that diagnosis by the board of medical examiners;

  (b) He agrees to pay the costs of the treatment to the extent of his financial resources; and

  (c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.

  2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

  (a) A violation of NRS 484.3795;

  (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or

  (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

  3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

  4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

  5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

  6.  If the court determines that an application for treatment should be granted, the court shall:

  (a) Immediately sentence the offender and enter judgment accordingly.

  (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

  (c) Advise the offender that:

      (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

      (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

      (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.


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provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

  7.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

  (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

  (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

  8.  The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

  Sec. 42.  1.  This section and sections 1 to 12, inclusive, 14 to 41, inclusive, and 43 of this act [becomes] become effective on July 1, 1999.

  2.  Section 13 of this act becomes effective at 12:01 a.m. on July 1, 1999.

  2.  Chapter 394, Statutes of Nevada 1999, at page 1876, is hereby amended by adding thereto new sections to be designated as sections 10.1 and 10.2, immediately following section 10, to read respectively as follows:

  Sec. 10.1.  NRS 458.026 is hereby amended to read as follows:

  458.026  1.  An applicant for the issuance or renewal of his certification as personnel of an alcohol or drug abuse program or a facility shall submit to the bureau 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 bureau 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 certification; or

  (b) A separate form prescribed by the bureau.

  3.  The certification of a person as personnel of an alcohol or drug abuse program or a facility may not be issued or renewed by the bureau if the applicant:

  (a) Fails to complete or 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 [administrator] director 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.


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  Sec. 10.2.  NRS 458.043 is hereby amended to read as follows:

  458.043  As executive head of the bureau, the chief shall:

  1.  Direct and supervise all administrative and technical activities as provided by NRS 458.010 to 458.360, inclusive, subject to administrative supervision by the [administrator of the rehabilitation division of the department.] director.

  2.  Subject to the approval of the [administrator of the rehabilitation division of the department,] director, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.

  3.  Chapter 394, Statutes of Nevada 1999, at page 1891, is hereby amended by adding thereto new sections to be designated as sections 36.1 and 36.2, immediately following section 36, to read respectively as follows:

  Sec. 36.1.  Section 11 of chapter 305, Statutes of Nevada 1999, at page 1268, is hereby amended to read as follows:

  Sec. 11.  NRS 458.026 is hereby amended to read as follows:

  458.026  1.  An applicant for the issuance or renewal of his certification as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, shall submit to the bureau 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 bureau 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 certification; or

  (b) A separate form prescribed by the bureau.

  3.  The certification of a person as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, may not be issued or renewed by the bureau if the applicant:

  (a) Fails to complete or 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 director 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.


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  Sec. 36.2.  Sections 50, 58.2, 61, 67 and 68 of chapter 574, Statutes of Nevada 1999, at pages 3061, 3067, 3069, 3070 and 3071, respectively, are hereby amended to read respectively as follows:

  Sec. 50.  NRS 62.2275 is hereby amended to read as follows:

  62.2275  1.  If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed:

  (a) An unlawful act in violation of NRS 484.379 or 484.3795;

  (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

  (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,

the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.

  2.  The evaluation of a child pursuant to this section:

  (a) Must be conducted by:

      (1) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to sections 2 to 44, inclusive, of this act to make that classification [by the bureau of alcohol and drug abuse;] ; or

      (2) A physician who is certified to make that classification by the board of medical examiners , [; or

      (3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,]

who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.

  (b) May be conducted at an evaluation center.

  3.  The judge shall:

  (a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.

  (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

  (c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all those charges:

      (1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

      (2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.


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The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.

  4.  A treatment facility is not liable for any damages to person or property caused by a child who:

  (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,

after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.

  5.  The provisions of this section do not prohibit a judge from:

  (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. [Such an] The evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

  (b) Ordering the child to attend a program of treatment which is administered by a private company.

  6.  All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.

  7.  As used in this section:

  (a) “Bureau of alcohol and drug abuse” means the bureau of alcohol and drug abuse in the department of human resources.

  (b) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

  (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

  Sec. 58.2.  NRS 458.026 is hereby amended to read as follows:

  458.026  1.  An applicant for the issuance or renewal of his certification as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] shall submit to the bureau 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.


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  2.  The bureau 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 certification; or

  (b) A separate form prescribed by the bureau.

  3.  The certification of a person as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] may not be issued or renewed by the bureau if the applicant:

  (a) Fails to complete or 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 director 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. 61.  NRS 458.043 is hereby amended to read as follows:

  458.043  As executive head of the bureau, the chief shall:

  1.  Direct and supervise all administrative and technical activities as provided by NRS 458.010 to [458.360,] 458.350, inclusive, subject to administrative supervision by the director.

  2.  Subject to the approval of the director, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.

  Sec. 67.  NRS 484.37937 is hereby amended to read as follows:

  484.37937  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse in the department of human resources for at least 6 months. The court shall authorize such treatment if:

  (a) The person is diagnosed as an alcoholic or abuser of drugs by [a:

      (1) Counselor or other person certified] :

      (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that diagnosis [by the bureau of alcohol and drug abuse in the department of human resources; or

      (2) Physician] ; or

      (2) A physician who is certified to make that diagnosis by the board of medical examiners;

  (b) He agrees to pay the cost of the treatment to the extent of his financial resources; and


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  (c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.

  2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

  (a) A violation of NRS 484.3795;

  (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or

  (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

  3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

  4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

  5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

  6.  If the court grants an application for treatment, the court shall:

  (a) Immediately sentence the offender and enter judgment accordingly.

  (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

  (c) Advise the offender that:

      (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

      (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

      (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.


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  7.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

  (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

  (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

  8.  The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

  Sec. 68.  NRS 484.3794 is hereby amended to read as follows:

  484.3794  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse in the department of human resources for at least 1 year if:

  (a) He is diagnosed as an alcoholic or abuser of drugs by [a:

      (1) Counselor or other person certified] :

      (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that diagnosis [by the bureau of alcohol and drug abuse in the department of human resources; or

      (2) Physician] ; or

      (2) A physician who is certified to make that diagnosis by the board of medical examiners;

  (b) He agrees to pay the costs of the treatment to the extent of his financial resources; and

  (c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.

  2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

  (a) A violation of NRS 484.3795;

  (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or

  (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

  3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

  4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.


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  5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

  6.  If the court determines that an application for treatment should be granted, the court shall:

  (a) Immediately sentence the offender and enter judgment accordingly.

  (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

  (c) Advise the offender that:

      (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

      (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

      (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

  7.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

  (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

  (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

  8.  The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

    Sec. 83.  1.  Sections 15 and 18 of chapter 395, Statutes of Nevada 1999, at page 1900, are hereby amended to read respectively as follows:

  Sec. 15.  Section 31 of chapter 390, Statutes of Nevada 1997, at page 1377, as amended by section 29 of chapter 105, Statutes of Nevada 1999, at page 436, is hereby amended to read as follows:

  Sec. 31.  1.  This section and sections 1 to 10, inclusive, 13 to 26, inclusive, and 27 to 30, inclusive, of this act become effective upon passage and approval.

  2.  Sections 11 and 12 of this act become effective upon passage and approval for the purpose of appointing members to the advisory board on the repair of motor vehicles and on July 1, 1997, for all other purposes, and expire by limitation on [July 1, 1999.]


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other purposes, and expire by limitation on [July 1, 1999.] June 30, 2001.

  3.  Section 26.1 of this act becomes effective on July [2, 1999.] 1, 2001.

  Sec. 18.  1.  This section and sections 15 and 16 of this act become effective upon passage and approval.

  2.  Sections 1 to [10,] 8, inclusive, 12, 13 [, 14] and 17 of this act become effective on October 1, 1999.

  3.  [Section] Sections 9, 10 and 14 of this act become effective on October 1, 1999, and expire by limitation on June 30, 2001.

  4.  Sections 9.1 and 11 of this act [becomes] become effective at 12:01 a.m. on July 1, 2001.

  2.  Chapter 395, Statutes of Nevada 1999, at page 1897, is hereby amended by adding thereto a new section to be designated as section 9.1, immediately following section 9, to read as follows:

  Sec. 9.1.  NRS 487.530 is hereby amended to read as follows:

  487.530  As used in NRS 487.530 to 487.570, inclusive, and sections 6, 7 and 8 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.535 to 487.550, inclusive, have the meanings ascribed to them in those sections.

    Sec. 84.  Section 1 of chapter 421, Statutes of Nevada 1999, at page 1965, is hereby amended to read as follows:

  Section 1.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

  1.  Except as otherwise provided in subsection 3 of this section and except as otherwise required as a result of NRS 286.537, the board of trustees of a school district shall pay the cost for a licensed teacher to purchase one-fifth of a year of service pursuant to subsection 2 of NRS 286.300 if:

  (a) The teacher is a member of the public employees’ retirement system and has at least 5 years of service;

  (b) The teacher has been employed as a licensed teacher in this state for at least 5 consecutive school years, regardless of whether the employment was with one or more school districts in this state;

  (c) Each evaluation of the teacher conducted pursuant to NRS 391.3125 is at least satisfactory for the years of employment required by paragraph (b); and

  (d) In addition to the years of employment required by paragraph (b), the teacher has been employed as a licensed teacher for 1 school year at a school within the school district which, for that school year, carries the designation of demonstrating need for improvement pursuant to NRS 385.367.

  2.  Except as otherwise provided in subsection 3, the board of trustees of a school district shall pay the cost for a licensed teacher to purchase one-fifth of a year of service for each year that a teacher is employed as a teacher at a school within the school district that is described in paragraph (d) of subsection 1.

  3.  In no event may the years of service purchased by a licensed teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.

  4.  The board of trustees of a school district shall not:

  (a) Assign or reassign a licensed teacher to circumvent the requirements of this section.


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  (b) Include, as part of a teacher’s salary, the costs of paying the teacher to purchase service pursuant to this section.

  5.  As used in this section, “service” has the meaning ascribed to it in NRS 286.078.

    Sec. 85.  Section 21 of chapter 423, Statutes of Nevada 1999, at page 1972, is hereby amended to read as follows:

  Sec. 21.  1.  This section and sections 1 [and] to 9 , inclusive, of this act become effective on October 1, 1999.

  2.  Sections 18 and 20 of this act become effective at 12:02 a.m. on October 1, 1999.

  3.  Sections [2 to 8, inclusive, and] 10 to [20,] 17, inclusive, and 19 of this act become effective on July 1, 2001.

    Sec. 86.  1.  Sections 14, 15 and 16 of chapter 430, Statutes of Nevada 1999, at pages 2004 and 2005, are hereby amended to read respectively as follows:

  Sec. 14.  NRS 695C.050 is hereby amended to read as follows:

  695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

  2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

  3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

  4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 and sections 15, 16 and 16.5 of [this act] Assembly Bill No. 515 of this session do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the state plan for Medicaid or insurance pursuant to the children’s health insurance program pursuant to a contract with the division of health care financing and policy of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

  5.  The provisions of sections 12 and 13 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the state plan for Medicaid.

  Sec. 15.  NRS 695C.330 is hereby amended to read as follows:

  695C.330  1.  The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

  (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the commissioner;


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from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the commissioner;

  (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive, and section 5 of [this act,] Senate Bill No. 56 of this session, or 695C.207 [;] or section 12 or 13 of this act;

  (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

  (d) The state board of health certifies to the commissioner that the health maintenance organization:

      (1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

      (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

  (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

  (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

  (g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

  (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

  (i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

  (j) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

  2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

  3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

  4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.


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  Sec. 16.  NRS 287.010 is hereby amended to read as follows:

  287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:

  (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

  (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

  (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, and sections 6 and 7 of this act apply to coverage provided pursuant to this paragraph.

  (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

  2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.


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  2.  Chapter 430, Statutes of Nevada 1999, at page 2006, is hereby amended by adding thereto new sections to be designated as sections 17 and 18, immediately following section 16, to read respectively as follows:

  Sec. 17.  Section 17 of chapter 411, Statutes of Nevada 1999, at page 1945, is hereby amended to read as follows:

  Sec. 17.  NRS 695C.050 is hereby amended to read as follows:

  695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

  2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

  3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

  4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 and sections 15, 16 and 16.5 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid or insurance pursuant to the children’s health insurance program pursuant to a contract with the division of health care financing and policy of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

  Sec. 18.  1.  This section and section 17 of this act become effective on September 30, 1999.

  2.  Sections 1 to 13, inclusive, of this act become effective on October 1, 1999.

  3.  Sections 14, 15 and 16 of this act become effective at 12:01 a.m. on October 1, 1999.

    Sec. 87.  Sections 1, 5, 7 and 9 of chapter 442, Statutes of Nevada 1999, at pages 2059, 2067 and 2070, are hereby amended to read respectively as follows:

  Section 1.  NRS 62.040 is hereby amended to read as follows:

  62.040  1.  Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

  (a) Concerning any child living or found within the county who is in need of supervision because he:

      (1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;

      (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is unmanageable; or

      (3) Deserts, abandons or runs away from his home or usual place of abode, and is in need of care or rehabilitation.


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and is in need of care or rehabilitation. The child must not be considered a delinquent.

  (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.

  (c) Concerning any child in need of commitment to an institution for the mentally retarded.

  2.  For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:

  (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.

  (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

      (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

      (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

  (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

      (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

      (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

  (d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

      (1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

      (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

  (e) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

  3.  If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child.


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determines that it is in the best interest of the child. If a case is so transferred:

  (a) The restrictions set forth in subsection [5] 6 of NRS 62.170 are applicable in those proceedings; and

  (b) The child must be accompanied at all proceedings by a parent or legal guardian.

With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

  4.  As used in this section, “school bus” has the meaning ascribed to it in NRS 483.160.

  Sec. 5.  [Assembly Bill No. 262 of this session is hereby amended by deleting section 1 and adding:

  Section 1.  (Deleted by amendment.)] Section 1 of chapter 112, Statutes of Nevada 1999, at page 722, and sections 6, 7 and 8 of chapter 319, Statutes of Nevada 1999, at pages 1339 and 1342, are hereby repealed.

  Sec. 7.  Assembly Bill No. 262 of this session is hereby amended by adding thereto a new section designated sec. 3, following sec. 2, to read as follows:

  Sec. 3.  [This] Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1999.

  Sec. 9.  1.  This section and sections 5, 6 and 7 of this act become effective on September 30, 1999.

  2.  Sections 1 [, 2, 5, 6 and 7] and 2 of this act become effective at 12:03 a.m. on October 1, 1999.

    Sec. 88.  Chapter 448, Statutes of Nevada 1999, at page 2100, is hereby amended by adding thereto new sections to be designated as sections 9.1 and 9.2, immediately following section 9, to read as follows:

  Sec. 9.1.  Section 27 of chapter 581, Statutes of Nevada 1999, at page 3139, is hereby amended to read as follows:

  Sec. 27.  1.  This section and section 26 of this act become effective upon passage and approval.

  2.  Sections 1, 10 to 21, inclusive, [24] and 25 of this act become effective on October 1, 1999.

  3.  Sections 2 to 9, inclusive, 22 and 23 of this act become effective at 12:01 a.m. on October 1, 1999.

  Sec. 9.2.  Section 24 of chapter 581, Statutes of Nevada 1999, at page 3135, is hereby repealed.

    Sec. 89.  Sections 1 and 4 of chapter 452, Statutes of Nevada 1999, at pages 2107 and 2110, respectively, are hereby amended to read respectively as follows:

  Section 1.  NRS 361.453 is hereby amended to read as follows:

  361.453  1.  Except as otherwise provided in this section and NRS 354.705, section 1 of Assembly Bill No. 275 of this session and section 2 of [this act,] Senate Bill No. 473 of this session, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.

  2.  Any levy imposed by the legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is 25,000 or less, or in a city or unincorporated town located within that county:


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to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is 25,000 or less, or in a city or unincorporated town located within that county:

  (a) The combined tax rate certified by the Nevada tax commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;

  (b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;

  (c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and

  (d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.

  3.  The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.

  4.  A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.

  Sec. 4.  1.  This section and sections 2 and 3 of this act [becomes] become effective on July 1, 1999.

  2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1999.

    Sec. 90.  Section 6 of chapter 459, Statutes of Nevada 1999, at page 2136, is hereby amended to read as follows:

  Sec. 6.  NRS 483.490 is hereby amended to read as follows:

  483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and one-half of the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:


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ê2001 Statutes of Nevada, Page 148 (Chapter 10, SB 29)ê

 

prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

  (a) To and from work or in the course of his work, or both; or

  (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

  2.  A person who has been ordered to install a device in a motor vehicle [which he owns or operates] pursuant to NRS 484.3943:

  (a) Shall install the device not later than 21 days after the date on which the order was issued; and

  (b) May not receive a restricted license pursuant to this section until:

      (1) After at least [180 days] 1 year of the period during which he is not eligible for a license, if he was convicted of:

           (I) [A violation of subsection 2 of NRS 484.377;

           (II)] A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or

           [(III)] (II) A third or subsequent violation within 7 years of NRS 484.379;

      (2) After at least [90] 180 days of the period during which he is not eligible for a license, if he was convicted of a [second violation within 7 years of NRS 484.379;] violation of subsection 2 of NRS 484.377; or

      (3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.

  3.  If the department has received a copy of an order requiring a person to install a device in a motor vehicle [which he owns or operates] pursuant to NRS 484.3943, the department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

  4.  After a driver’s license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

  (a) If applicable, to and from work or in the course of his work, or both; and

  (b) If applicable, to and from school.

  5.  After a driver’s license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

  (a) If applicable, to and from work or in the course of his work, or both;


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ê2001 Statutes of Nevada, Page 149 (Chapter 10, SB 29)ê

 

  (b) To receive regularly scheduled medical care for himself or a member of his immediate family; and

  (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

  6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

  (a) A violation of NRS 484.379, 484.3795, or 484.384;

  (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or

  (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

  7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

  8.  Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

    Sec. 91.  1.  Sections 10, 12 and 27 of chapter 460, Statutes of Nevada 1999, at pages 2151, 2154 and 2163, respectively, are hereby amended to read respectively as follows:

  Sec. 10.  NRS 293.177 is hereby amended to read as follows:

  293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.

  2.  A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:

  (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of...................................................

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual , as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................


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ê2001 Statutes of Nevada, Page 150 (Chapter 10, SB 29)ê

 

actual , as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

     

  (Designation of name)

     

  (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of [........, 19...] the month of ………… of the year …..

 

........................................................

  Notary Public or other person

authorized to administer an oath

 

  (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of...................................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………, in the City or Town of ……., County of ………, State of Nevada; that my actual , as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 


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ê2001 Statutes of Nevada, Page 151 (Chapter 10, SB 29)ê

 

nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

     

  (Designation of name)

     

  (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of [........, 19...] the month of ………… of the year …..

 

........................................................

  Notary Public or other person

authorized to administer an oath

 

  3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.

  4.  The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually , as opposed to constructively, resides [,] in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

  Sec. 12.  NRS 293.200 is hereby amended to read as follows:

  293.200  1.  An independent candidate for partisan office must file with the appropriate filing officer:

  (a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4. The copy must also be filed before the petition may be circulated.

  (b) Either of the following:

      (1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in [this state or in the county or district electing that officer] :


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ê2001 Statutes of Nevada, Page 152 (Chapter 10, SB 29)ê

 

           (I) This state for that office at the last preceding general election in which a person was elected to that office [.] , if the office is a statewide office;

           (II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or

           (III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.

      (2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.

  2.  The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.

  3.  The petition of candidacy may state the principle, if any, which the person qualified represents.

  4.  Petitions of candidacy must be filed not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third Monday in May.

  5.  No petition of candidacy may contain the name of more than one candidate for each office to be filled.

  6.  A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.

  7.  The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.

  8.  If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May.

  9.  Any challenge pursuant to subsection 8 must be filed with:

  (a) The first judicial district court if the petition of candidacy was filed with the secretary of state.

  (b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.


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ê2001 Statutes of Nevada, Page 153 (Chapter 10, SB 29)ê

 

  10.  An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is held nor later than 5 p.m. on the third Monday in May.

  Sec. 27.  NRS 293C.185 is hereby amended to read as follows:

  293C.185  1.  Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.

  2.  A declaration of candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

City of  

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ......................, in the City or Town of ................, County of .................., State of Nevada; that my actual , as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close of filing of declarations of candidacy for this office; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

     

  (Designation of name)

     

  (Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of [........, 19...] the month of ………… of the year ……

 

........................................................

  Notary Public or other person

authorized to administer an oath


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ê2001 Statutes of Nevada, Page 154 (Chapter 10, SB 29)ê

 

  3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter concerning the person or principles for which he is voting.

  4.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually , as opposed to constructively, resides [,] in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

  2.  Chapter 460, Statutes of Nevada 1999, at page 2172, is hereby amended by adding thereto a new section to be designated as section 44, immediately following section 43, to read as follows:

  Sec. 44.  Section 12 of this act becomes effective at 12:02 a.m. on October 1, 1999.

    Sec. 92.  1.  Sections 15, 17, 18, 19, 21 and 26 of chapter 465, Statutes of Nevada 1999, at pages 2220 to 2223, inclusive, and 2225, are hereby amended to read respectively as follows:

  Sec. 15.  Section 64 of chapter 410, Statutes of Nevada 1997, at page 1451, is hereby amended to read as follows:

  Sec. 64.  NRS 686B.1765 is hereby amended to read as follows:

  686B.1765  The advisory organization may:

  1.  Develop statistical plans including definitions for the classification of risks.

  2.  Collect statistical data from its members and subscribers or any other reliable source.

  3.  Prepare and distribute data on [expenses and the basic premium rate or rates, adjusted for expected changes in reported losses and expenses and for trends in losses and expenses, according to its statistical plan.] prospective loss costs.

  4.  Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.

  5.  Distribute any information filed with the commissioner which is open to public inspection.

  6.  Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.

  7.  Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.

  8.  Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.


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ê2001 Statutes of Nevada, Page 155 (Chapter 10, SB 29)ê

 

  9.  Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on [the basic premium rate or rates.] prospective loss costs.

  10.  Prepare and distribute rules and rating values for the uniform plan for rating experience.

  11.  Calculate and provide to the insurer the modification of premiums based on the individual employer’s losses.

  12.  Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.

  Sec. 17.  Section 68 of chapter 410, Statutes of Nevada 1997, at page 1452, is hereby amended to read as follows:

  Sec. 68.  NRS 686B.177 is hereby amended to read as follows:

  686B.177  1.  The advisory organization shall file with the commissioner a copy of every [basic premium rate, the portion of the rate that is allowable for expenses as determined by the advisory organization,] prospective loss cost, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organization’s members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.

  2.  The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.

  [3.  The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurer’s rate be less than the approved rate by more than the following percentages:

  (a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.

  (b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a 15 percent variance.]

  Sec. 18.  Section 71 of chapter 410, Statutes of Nevada 1997, at page 1453, is hereby amended to read as follows:

  Sec. 71.  NRS 686B.1775 is hereby amended to read as follows:

  686B.1775  1.  Each insurer shall file with the commissioner all the rates , [and] supplementary rate information, supporting data, and changes and amendments thereof, except [for the] any information filed by the advisory organization, [at least] which the insurer intends to use in this state. An insurer may adopt by reference any supplementary rate information or supporting data that has been previously filed by that insurer and approved by the commissioner. The filing must indicate the date the rates will become effective. An insurer may file its rates pursuant to this subsection by filing:

  (a) Final rates; or

  (b) A multiplier and, if used by an insurer, a premium charged to each policy of industrial insurance regardless of the size of the policy which, when applied to the prospective loss costs filed by the advisory organization pursuant to NRS 686B.177, will result in final rates.


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ê2001 Statutes of Nevada, Page 156 (Chapter 10, SB 29)ê

 

policy which, when applied to the prospective loss costs filed by the advisory organization pursuant to NRS 686B.177, will result in final rates.

  2.  Each insurer shall file the rates, supplementary rate information and supporting data pursuant to subsection 1:

  (a) Except as otherwise provided in subsection 4, if the interaction among insurers and employers is presumed or found to be competitive, not later than 15 days before the date the rates become effective.

  (b) If the commissioner has issued a finding that the interaction is not competitive, not later than 60 days before the rates become effective.

  3.  If the information supplied by an insurer pursuant to [this] subsection 1 is insufficient, the commissioner shall notify the insurer and [the information shall be deemed to be filed when] require the insurer to provide additional information. The filing must not be deemed complete or available for use by the insurer and review by the commissioner must not commence until all the information requested by the commissioner is received by him.

  [2.]  If the requested information is not received by the commissioner within 60 days after its request, the filing may be disapproved without further review.

  4.  If, after notice to the insurer and a hearing, the commissioner finds that an insurer’s rates require supervision because of the insurer’s financial condition or because of rating practices which are unfairly discriminatory, the commissioner shall order the insurer to file its rates, supplementary rate information, supporting data and any other information required by the commissioner, at least 60 days before they become effective.

  5.  For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.

  [3.  Every]

  6.  Except as otherwise provided in subsection 1, every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.

  [4.  A rate filed with the commissioner pursuant to this section that becomes effective before July 1, 2000, may not be increased or decreased until July 1, 2000.]

  7.  As used in this section, “supporting data” means:

  (a) The experience and judgment of the insurer and of other insurers or of the advisory organization, if relied upon by the insurer;

  (b) The interpretation of any statistical data relied upon by the insurer;

  (c) A description of the actuarial and statistical methods employed in setting the rates; and

  (d) Any other relevant matters required by the commissioner.

  Sec. 19.  Section 73 of chapter 410, Statutes of Nevada 1997, at page 1454, is hereby amended to read as follows:

  Sec. 73.  NRS 686B.1777 is hereby amended to read as follows:

  686B.1777  1.  If the commissioner finds that:


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ê2001 Statutes of Nevada, Page 157 (Chapter 10, SB 29)ê

 

  (a) The interaction among insurers is not competitive;

  (b) The rates filed by insurers whose interaction is competitive are inadequate or unfairly discriminatory; or

  [(b)] (c) The rates violate the provisions of this chapter,

the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.

  2.  The commissioner may disapprove any rate without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.

  Sec. 21.  Section 75 of chapter 410, Statutes of Nevada 1997, at page 1455, is hereby amended to read as follows:

  Sec. 75.  NRS 686B.1779 is hereby amended to read as follows:

  686B.1779  1.  The commissioner may disapprove a rate filed by an insurer at any time.

  2.  The commissioner shall disapprove a rate if:

  (a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; [or]

  (b) The rate is inadequate or unfairly discriminatory and the interaction among insurers and employers is competitive; or

  (c) A rate is inadequate, excessive or unfairly discriminatory [.] and the commissioner has found and issued an order that the interaction among the insurers and employers is not competitive.

  Sec. 26.  1.  This section and sections 14 [, 16, 20, 22, 23, 24 and] to 25 , inclusive, of this act become effective at 12:01 a.m. on July 1, 1999.

  2.  Sections 1 to 7, inclusive, and 9 to 12, inclusive, of this act become effective on October 1, 1999.

  3.  Sections 8 [and] , 8.5 , 25.1 and 25.2 of this act become effective at 12:01 a.m. on October 1, 1999.

  4.  Section 13 [, 15, 17, 18, 19 and 21] of this act [become effective at 12:01 a.m.] becomes effective on July 1, 2001.

  2.  Chapter 465, Statutes of Nevada 1999, at page 2225, is hereby amended by adding thereto new sections to be designated as sections 25.1 and 25.2, immediately following section 25, to read respectively as follows:

  Sec. 25.1.  Section 140 of chapter 388, Statutes of Nevada 1999, at page 1843, as amended by section 26.5 of chapter 582, Statutes of Nevada 1999, at page 3148, is hereby amended to read as follows:

  Sec. 140.  1.  This section, section 27, subsection 1 of section 127, and sections 128 and 129 of this act become effective upon passage and approval.

  2.  Subsection 1 of section 132 of this act becomes effective on June 1, 1999.

  3.  Sections 2, 3, 12.5, 86.1, 86.2, 86.6 to 86.9, inclusive, 96.5, 116, 122, 126.3, 127.5, 130 and 135 of this act become effective on July 1, 1999.

  4.  Section 86.4 of this act becomes effective on July 1, 1999, only if Assembly Bill No. 660 of this session is enacted by the legislature.


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

ê2001 Statutes of Nevada, Page 158 (Chapter 10, SB 29)ê

 

  5.  Sections 20.5, 35, 89, 117 and 139.4 of this act become effective at 12:01 a.m. on July 1, 1999.

  6.  Sections 20, 24, 25, 26 and 96 of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act.

  7.  Sections 29 and 126.5 of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation before October 1, 1999.

  8.  Section 29.5 of this act becomes effective:

  (a) At 12:01 a.m. on October 1, 1999, only if the governor issues a proclamation pursuant to subsection 1 of section 129 of this act on October 1, 1999; or

  (b) On the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation after October 1, 1999.

  9.  Sections 20.6, 49.5, 52.5, 53.5, [57.2,] 57.4, 62.1 to 62.5, inclusive, 68.2 to 68.8, inclusive, 80.5 and 139.2 of this act become effective on January 1, 2000.

  10.  Sections 1, 4 to 12, inclusive, 13 to 19, inclusive, 21, 22, 23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to 57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80, inclusive, 81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to 103, inclusive, 105 to 114, inclusive, 118 to 121, inclusive, 123 to 126, inclusive, subsection 2 of section 127, 131, subsection 2 of section 132, 133, 134, 136 to 139, inclusive, and 141 of this act become effective on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.

  11.  Sections 63 and 115 of this act become effective at 12:01 a.m. on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.

  12.  Sections 20, 96, 116, 122 and 126.3 of this act expire by limitation on January 1, 2000, if the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.

  13.  Section 8 of this act expires by limitation on June 30, 2003.

  14.  Section 100 of this act expires by limitation on May 1, 2013.

  Sec. 25.2.  Section 57.2 of chapter 388, Statutes of Nevada 1999, at page 1782, is hereby repealed.

    Sec. 93.  1.  Sections 2, 5, 6, 13, 25, 29, 39 and 40 of chapter 466, Statutes of Nevada 1999, at pages 2225, 2226, 2229, 2236, 2238 and 2242, are hereby amended to read respectively as follows:

  Sec. 2.  (Deleted by amendment.)

  Sec. 5.  (Deleted by amendment.)

  Sec. 6.  (Deleted by amendment.)


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ê2001 Statutes of Nevada, Page 159 (Chapter 10, SB 29)ê

 

  Sec. 13.  NRS 422.296 is hereby amended to read as follows:

  422.296  1.  At any hearing held pursuant to the provisions of subsection 2 of NRS 422.294, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.

  2.  Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.

  3.  The record of a hearing must include:

  (a) All pleadings, motions and intermediate rulings.

  (b) Evidence received or considered.

  (c) Questions and offers of proof and objections, and rulings thereon.

  (d) Any decision, opinion or report by the hearing officer presiding at the hearing.

  4.  Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.

  5.  Findings of fact must be based exclusively on substantial evidence.

  6.  Any employee or other representative of the [welfare division] department who investigated or made the initial decision to deny, modify or cancel a grant of public assistance or services shall not participate in the making of any decision made pursuant to the hearing.

  Sec. 25.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

  “Children’s health insurance program” has the meaning ascribed to it in section 2 of Senate Bill No. 10 of this session.

  Sec. 29.  Chapter 439B of NRS is hereby amended by adding thereto a new section to read as follows:

  “Children’s health insurance program” has the meaning ascribed to it in section 2 of Senate Bill No. 10 of this session.

  Sec. 39.  Section 89 of chapter 550, Statutes of Nevada 1997, at page 2644, as amended by section 74 of chapter 105, Statutes of Nevada 1999, at page 581, is hereby amended to read as follows:

  Sec. 89.  1.  This section and sections 2 to 13, inclusive, 14.1, 14.3 to 29, inclusive, 32, 34, 35, 37, 38, 39, 41, 42, 43, 45, 47, 51 to 54, inclusive, 56, 57, 59, 63, 67, 68, 70, 71, 74 to 80.4, inclusive, 80.7 and 81 to 88, inclusive, of this act become effective on July 1, 1997.

  2.  Sections 1, 14, 33, 36, 40, 44, 46, 49, 50, 58, 60, 62, 64, 65, 66, 69, 73, 80.5 and 80.6 of this act become effective at 12:01 a.m. on July 1, 1997.

  3.  Sections 30, 30.5, 48, 54.5, 61 and 72 of this act become effective at 12:02 a.m. on July 1, 1997.

  4.  Sections 31 and 55 of this act become effective at 12:03 a.m. on July 1, 1997.

  5.  Section 14.2 of this act becomes effective on July 1, 1998.

  6.  Sections [1 to 14.4, inclusive, 15 to 30, inclusive, 31 to 54, inclusive, 55 to 80.3, inclusive, 80.5, 80.6, 80.7 and 84 of this act, and subsection 1 of section 81 of this act,] 78 and 79 of this act expire by limitation on June 30, 1999.


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ê2001 Statutes of Nevada, Page 160 (Chapter 10, SB 29)ê

 

  Sec. 40.  Section 3 of Assembly Bill No. 249 of this session is hereby amended to read as follows:

  Sec. 3.  NRS 422.2935 is hereby amended to read as follows:

  422.2935  1.  Except as otherwise provided in this section [, the welfare division shall,] and to the extent it is not prohibited by federal law and when circumstances allow [:

  (a) Recover] , the welfare division shall recover benefits correctly paid for Medicaid from:

      [(1)] (a) The undivided estate of the person who received those benefits; and

      [(2)] (b) Any recipient of money or property from the undivided estate of the person who received those benefits.

  [(b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:

      (1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or

      (2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.]

  2.  The welfare division shall not recover benefits pursuant to [paragraph (a) of] subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.

  3.  Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.

  4.  The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.

  5.  The state welfare administrator may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The state welfare administrator shall adopt regulations defining the circumstances that constitute an undue hardship.

  6.  Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.

  7.  [An action to recover money owed to the department as a result of the payment of benefits for Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:

  (a) The death of the recipient of Medicaid;


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  (b) The death of the surviving spouse of the recipient of Medicaid;

  (c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and

  (d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.] Any recovery by the welfare division from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:

  (a) The amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or

  (b) The value of the remaining assets in the undivided estate,

whichever is less.

    2.  Chapter 466, Statutes of Nevada 1999, at page 2248, is hereby amended by adding thereto new sections to be designated as sections 51.1 to 51.4, inclusive, immediately following section 51, to read respectively as follows:

  Sec. 51.1.  Section 1 of chapter 93, Statutes of Nevada 1999, at page 247, is hereby amended to read as follows:

  Section 1.  NRS 422.304 is hereby amended to read as follows:

  422.304  1.  The department, through the division of health care financing and policy, shall pay, under the state plan for Medicaid:

  (a) A [freestanding] facility for hospice care licensed pursuant to [NRS 449.030; or] chapter 449 of NRS for the services for hospice care, including room and board, provided by that facility to a person who is eligible to receive Medicaid.

  (b) A program for hospice care licensed pursuant to [NRS 449.030,] chapter 449 of NRS for the services for hospice care provided by that [facility or] program to a person who is eligible to receive Medicaid.

  2.  As used in this section:

  (a) [“Freestanding facility] “Facility for hospice care” has the meaning ascribed to it in [NRS 449.006.] section 3 of this act.

  (b) “Hospice care” has the meaning ascribed to it in NRS 449.0115.

  Sec. 51.2.  Section 18 of chapter 351, Statutes of Nevada 1999, at page 1430, is hereby amended to read as follows:

  Sec. 18.  [1.]  This section and sections 1 to 4, inclusive, 6, 8, 9 and 11 to 17, inclusive, of this act become effective upon passage and approval.

  [2.  Sections 4, 6 and 9 of this act expire by limitation on June 30, 1999.

  3.  Sections 5, 7 and 10 of this act become effective at 12:01 a.m. on July 1, 1999.]

  Sec. 51.3.  Section 3 of chapter 631, Statutes of Nevada 1999, at page 3518, is hereby amended to read as follows:

  Sec. 3.  NRS 200.5093 is hereby amended to read as follows:

  200.5093  1.  [A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected, exploited or isolated. The report must be made to:


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ê2001 Statutes of Nevada, Page 162 (Chapter 10, SB 29)ê

 

  (a)] Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

  (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

      (1) The local office of the aging services division of the department of human resources;

  [(b)] (2) A police department or sheriff’s office;

  [(c)] (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

  [(d)] (4) A toll-free telephone service designated by the aging services division of the department of human resources [.

If the report of] ; and

  (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

  2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of [an] the older person involves an act or omission of the aging services division, another division of the department of human resources or a law enforcement agency, the person shall make the report [must be made] to an agency other than the one alleged to have committed the act or omission.

  3.  Each agency, after reducing [the] a report to writing, shall forward a copy of the report to the aging services division of the department of human resources.

  [2.  Reports]

  4.  A report must be made pursuant to subsection 1 by the following persons : [who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:]

  (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

  (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

  (c) A coroner.

  (d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.


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exploitation or isolation of the older person from the offender during a confession.

  (e) Every person who maintains or is employed by an agency to provide nursing in the home.

  (f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.

  (g) Any employee of the department of human resources.

  (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

  (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

  (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

  (k) Every social worker.

  (l) Any person who owns or is employed by a funeral home or mortuary.

  [3.] 5.  A report may be [filed] made by any other person.

  [4.  A]

  6.  If a person who is required to make a report pursuant to [this section who] subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation , the person shall , as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

  [5.] 7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.

  [6.] 8.  If the investigation of [the] a report results in the belief that [the] an older person is abused, neglected, exploited or isolated, the aging services division of the department of human resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

  [7.] 9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

  Sec. 51.4.  Section 48 of chapter 105, Statutes of Nevada 1999, at page 469, sections 5, 7 and 10 of chapter 351, Statutes of Nevada 1999, at pages 1426, 1427 and 1428, respectively, and section 3 of chapter 537, Statutes of Nevada 1999, at page 2754, are hereby repealed.


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ê2001 Statutes of Nevada, Page 164 (Chapter 10, SB 29)ê

 

    Sec. 94.  1.  Sections 75, 184, 354, 455, 457 and 516 of chapter 467, Statutes of Nevada 1999, at pages 2255, 2279, 2332, 2358, 2359 and 2378, respectively, are hereby amended to read respectively as follows:

  Sec. 75.  NRS 133.050 is hereby amended to read as follows:

  133.050  1.  Any or all of the attesting witnesses to any will may [, at the request of the testator, make and] sign an affidavit before any person authorized to administer oaths in or out of the state, stating such facts as they would be required to testify to in court to prove the will. The affidavit must be written on the will [,] or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court [of probate] as if it had been taken before the court.

  2.  The affidavit described in subsection 1 may be substantially in form as follows:

 

State of Nevada...................................... }

  }ss.

County of................................................. }

 

  (Date) 

 

  Then and there personally appeared [the within-named] ................ and ................., who, being duly sworn, depose and say: That they witnessed the execution of the [within] foregoing will of the [within-named] testator, ................; that the testator subscribed the will and declared [the same] it to be his last will and testament in their presence; that they thereafter subscribed the [same] will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory . [, and that they make this affidavit at the request of the testator.]

 

     

  Affiant

     

  Affiant

Subscribed and sworn to before me this .....

day of [........, 19...] the month of …………of the year…….

 

......................................................

  Notary Public

 

  Sec. 184.  NRS 141.020 is hereby amended to read as follows:

  141.020  Letters testamentary may be in substantially the following form , [(] after properly entitling the court [and cause): “The last will of ................, deceased, having been duly admitted to probate in our court, ................, who is named therein, was by our court on the ..... day of ........, ........, duly appointed executor, who, having qualified as such, is hereby authorized to act by virtue thereof. In testimony whereof, I have officially signed these letters and affixed hereto the seal of the court, this ..... day of ........, ........”] :


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ê2001 Statutes of Nevada, Page 165 (Chapter 10, SB 29)ê

 

 

In the Matter of the Estate of................ )

  )        Case No.

  )

deceased.................................................... ). Letters Testamentary

  )

 

  On ........... (day) ........... (month) ........... (year), the court entered an order admitting the decedent’s will to probate and appointing       (name)       as executor of the decedent’s estate. The order includes:

  [ ] a directive for the establishment of a blocked account for sums in excess of $...........;

  [ ] a directive for the posting of a bond in the sum of $...........; or

  [ ] a directive for both the establishment of a blocked account for sums in excess of $........... and the posting of a bond in the sum of $............

  The executor, after being duly qualified, may act and has the authority and duties of an executor.

  In testimony of which, I have this date signed these letters and affixed the seal of the court.

  CLERK OF THE COURT

  By       

  Deputy Clerk        (date)

 

OATH

  I,................................................................................, whose mailing address is .............................................................................................., solemnly affirm that I will faithfully perform according to law the duties of executor, and that all matters stated in any petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.

 

  Executor

 

SUBSCRIBED AND AFFIRMED before me this .............. (day) of ...................... (month) of ........... (year).

 

  CLERK OF COURT

  By   

  Deputy Clerk

  (or)

  NOTARY PUBLIC

  County of .....…... State of .....................

 

  Sec. 354.  NRS 150.080 is hereby amended to read as follows:

  150.080  [1.  Whenever] Within 6 months after the appointment of a personal representative, or sooner if required by the court , [or a judge thereof, either] upon its [or his] own motion [,] or upon the [application of any person interested in the estate, the executor or administrator must render and] petition of an interested person, a personal representative shall file with the clerk [a] the first, verified account, showing:


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ê2001 Statutes of Nevada, Page 166 (Chapter 10, SB 29)ê

 

personal representative shall file with the clerk [a] the first, verified account, showing:

  [(a)] 1.  The amount of money received and expended by him.

  [(b)] 2.  The claims filed or presented against the estate, giving the name of each claimant, the nature of his claim, when it became due or will become due, whether it was allowed or rejected by him , or not yet acted upon.

  [(c)] 3.  All other matters necessary to show the condition of the estate.

  [2.  If he neglects or refuses to appear and render such account after having been duly cited, an attachment may be issued against him and such accounting compelled, or his letters may be revoked, or both, in the discretion of the court or judge.]

  Sec. 455.  1.  If through inadvertence or mistake an order entered fails to state correctly the order made by the court, and the inadvertence or mistake is brought to the attention of the court by petition or the court acts on its own motion, the court may enter an order nunc pro tunc correcting the previous order.

  2.  The order nunc pro tunc must be in the form of an amended order and bear the caption “Amended Order of .....” The body of the amended order must be identical to the order being corrected, except for the correction, and conclude with language substantially as follows: “This is an order nunc pro tunc correcting the previous order of ...., dated .....”

  3.  If the order to be amended is many pages in length, the court may cause to be filed a document captioned “Amendment to Order of ....” which addresses only the correction, together with sufficient language to identify the correction, and concludes with the same language as an amended order. Such an amendment to an order must be accompanied by a petition, or an affidavit of counsel, specifying the reasons for the correction.

  4.  The original order may not be physically changed, but must be used in conjunction with the order nunc pro tunc correcting it. In making corrections in the amendment document, a complete clause or sentence must be stricken and replaced, even if the only change is to correct a single word or figure.

  Sec. 457.  NRS 155.020 is hereby amended to read as follows:

  155.020  1.  Notice of a petition for the probate of a will and the issuance of letters [testamentary or for letters of administration] and the notice to creditors must be given to:

  (a) The persons respectively entitled thereto, including the state welfare administrator, as provided in NRS 155.010; and

  (b) The public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once each week , there must be at least 10 days from the first to last dates of publication, including both the first and last days.

  2.  Every publication required by this section must be made in a newspaper [printed] published in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.


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ê2001 Statutes of Nevada, Page 167 (Chapter 10, SB 29)ê

 

  3.  The notice of the hearing upon the petition to administer the estate must be in substantially the following form:

 

NOTICE OF THE HEARING UPON THE PETITION TO

ADMINISTER THE ESTATE

 

  Notice is hereby given that ................................ has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of ................................, deceased, and a hearing has been set for the .......... day of [................, 19......,] the month of…………, of the year……, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All persons interested in the estate are notified to appear and show cause why the petition should not be granted.

  Dated

 

  4.  As soon as practicable after appointment, [every executor or administrator] a personal representative shall, in addition to publishing the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily ascertainable as of the date of first publication of the notice and who have not already filed a claim. The notice must be in substantially the following form:

 

NOTICE TO CREDITORS

 

  Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as [executor or administrator (as the case may be)] personal representative of the estate of ................................, deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.

  Dated

 

  5.  If before the last day for the filing of a creditor’s claim under NRS 147.040, the personal representative discovers the existence of a creditor who was not readily ascertainable at the time of first publication of the notice to creditors, the personal representative shall immediately mail a copy of the notice to the creditor.

  Sec. 516.  NRS 164.040 is hereby amended to read as follows:

  164.040  [Nothing in NRS 164.010 and 164.030 shall be deemed to limit or abridge]

  1.  NRS 164.010 and section 512 of this act do not limit or abridge the power or jurisdiction of the district court over trusts and trustees.

  2.  The court may enter any order or take any other action necessary or proper to dispose of the matters presented by a petition, including the appointment of a temporary trustee to administer the trust in whole or in part.


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  2.  Chapter 467, Statutes of Nevada 1999, at page 2365, is hereby amended by adding thereto new sections to be designated as sections 474.1 to 474.8, inclusive, immediately following section 474, to read respectively as follows:

  Sec. 474.1.  NRS 156.010 is hereby amended to read as follows:

  156.010  If any resident of this state, who owns or is entitled to the possession of any real or personal property situate therein, is missing, or his whereabouts is unknown, for 90 days or more, and a [verified] petition is presented to the district court of the county in which his last known residence was located by any member of his family or any friend, representing that his whereabouts has been, for such time, and still is, unknown, and that his estate requires attention, supervision and care of ownership, the court shall order such petition to be filed, and appoint a day for its hearing, not less than 10 days from the date of the order.

  Sec. 474.2.  NRS 156.080 is hereby amended to read as follows:

  156.080  1.  The trustee may sell any of the personal property or sell, mortgage or give a deed of trust upon any of the real property of the missing person when the court considers such an action to be in the best interest of the estate and all parties concerned, including [legatees and] devisees and those who would be, in case of the death of the missing person, the heirs at law. For that purpose, the trustee may file a petition with the court asking for an order authorizing such a sale, mortgage or deed of trust.

  2.  The clerk shall set the petition for hearing and give notice of the hearing, in the manner prescribed in NRS 155.010, to the persons described in that section and to:

  (a) Each of the persons who would be heirs at law of the missing person if he were dead; and

  (b) If it appears that the missing person left a will, each [legatee and] devisee mentioned therein.

  3.  If the address of any such person is unknown, the notice must be mailed by registered or certified mail to that person at the county seat of the county in which the court is held, and the trustee shall file his affidavit showing that the address is unknown and stating what efforts he has made to learn the address.

  Sec. 474.3.  NRS 156.140 is hereby amended to read as follows:

  156.140  1.  If a [verified] petition is presented to the court having jurisdiction, as provided in NRS 156.130, by his spouse or any of his family or friends, representing that his whereabouts has been for the required period and still is unknown and that he left an estate which requires administration, the clerk of the court shall appoint a day for hearing the petition, not less than 3 months from the date of filing.

  2.  The petition may be for administration of the estate or probate of the will of the person, as the case may be, and must be verified to the best knowledge and belief of the petitioner.

  3.  The petition must set forth a statement of facts as required in the case of administration of estates of deceased persons and must contain allegations as to the last known place of residence of the missing person, when he disappeared therefrom, the fact that he has not been heard from by the person most likely to hear, naming the person and his relationship, for a period of 3 years or more, and the fact that his whereabouts is unknown to the person and the petitioner.


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relationship, for a period of 3 years or more, and the fact that his whereabouts is unknown to the person and the petitioner.

  Sec. 474.4.  NRS 156.180 is hereby amended to read as follows:

  156.180  No distribution of the property of the missing person to the heirs [, devisees or legatees] or devisees of the missing person may be made until the lapse of 1 year after the appointment and qualification of the executor or administrator, unless the distributee gives a bond in a penal sum not less than the value of the property distributed and for such additional amount as the court prescribes, conditioned for the return of the property or the value thereof to the personal representative of the estate in case the missing person be adjudicated to be still living since the commencement of the 3-year period, and also conditioned to save the personal representative of the estate harmless from the damages and expenses of all suits brought by the missing person or anyone succeeding to his rights, by reason of the distribution during the period of 1 year.

  Sec. 474.5.  NRS 156.190 is hereby amended to read as follows:

  156.190  1.  If any person, within 1 year after the appointment and qualification of a personal representative, files a [verified] petition, claiming to be the missing person, and causes a copy of the petition to be served personally or by registered or certified mail upon the personal representative and upon each of the persons entitled to share in the estate of the missing person upon the death of the missing person, and the [legatees and] devisees, the court shall determine the identity of the claimant at a hearing for that purpose.

  2.  The court may, upon application or of its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and ultimate determination of the action, in case the outcome of the hearing be adverse to the claimant.

  3.  The petition must set forth the facts and circumstances of the claimant’s disappearance and continued absence, and other facts and circumstances upon which he relies for his identification.

  Sec. 474.6.  NRS 156.210 is hereby amended to read as follows:

  156.210  1.  If any other person within 1 year after the appointment and qualification of the representative files a [verified] petition claiming that the missing person died subsequent to the commencement of the 3‑year period provided herein, and the petitioner is entitled to the property in the estate, or any portion thereof, as successor in interest to the rights of the missing person, and if the petitioner causes a copy of the petition to be served personally or by registered or certified mail upon the personal representative of the estate and upon each of the heirs [, legatees] and devisees, the court shall determine the truth of the facts claimed in the petition.

  2.  The court may, upon application or on its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and determination of the truth of the facts contained in the petition, in case the hearing [be] is decided adverse to the claimant.

  3.  If the hearing [be] is decided in favor of the claimant, the court shall make and enter such order as the circumstances require.


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  Sec. 474.7.  NRS 156.220 is hereby amended to read as follows:

  156.220  1.  If no claims are made during the 1-year period by any person claiming to be the missing person or a person claiming to have succeeded to the rights of that person, a conclusive presumption arises that the missing person died before the filing of the petition for the administration of his estate or the probate of his will.

  2.  In such event , the estate must be finally distributed accordingly, so far as the same has not already been accomplished, and the court shall order the estate closed and all liability of sureties, the personal representative and the distributees ended, and all bonds canceled.

  Sec. 474.8.  NRS 156.240 is hereby amended to read as follows:

  156.240  No claims against the estate of a missing person, or against the personal representative of the estate or any surety or distributee may be brought by any person, including the missing person and persons claiming under him, after the expiration of 5 years from the date of disappearance as determined in the manner provided in NRS 156.160.

    Sec. 95.  Section 4 of chapter 471, Statutes of Nevada 1999, at page 2390, is hereby amended to read as follows:

  Sec. 4.  The criteria adopted by the state public works board or a governing body pursuant to section 3 of this act to determine whether an applicant is qualified to bid on a contract for a public work:

  1.  Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.

  2.  May include only:

  (a) The financial ability of the applicant to perform the contract;

  (b) The principal personnel of the applicant;

  (c) Whether the applicant has breached any contracts with a public agency or person in this state or any other state; and

  (d) Whether the applicant has been disqualified from being awarded the contract pursuant to NRS 338.017 or section 10 of this act.

    Sec. 96.  Sections 1 and 14 of chapter 475, Statutes of Nevada 1999, at pages 2412 and 2417, respectively, are hereby amended to read respectively as follows:

  Section 1.  NRS 616A.465 is hereby amended to read as follows:

  616A.465  1.  Except as otherwise provided in this section, the division shall:

  (a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS;

  (b) Investigate insurers regarding compliance with statutes and the division’s regulations;

  (c) Determine whether an employee leasing company is entitled to a certificate of registration pursuant to NRS 616B.673; and

  (d) Regulate employee leasing companies pursuant to the provisions of NRS 616B.670 to 616B.697, inclusive.

  2.  The commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:

  (a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;


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  (b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and

  (c) Third-party administrators pursuant to chapter 683A of NRS.

  3.  The department of administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The administrator is responsible for administrative appeals pursuant to NRS 616B.215.

  4.  The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.

  5.  The division is responsible for the investigation of complaints. If a complaint is filed with the division, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.

  6.  As used in this section, “employee leasing company” has the meaning ascribed to it in NRS 616B.670.

  Sec. 14.  1.  This section and section 12 of this act become effective on July 1, 1999.

  2.  Sections [1] 2 to 5, inclusive, and 13 of this act become effective at 12:01 a.m. on July 1, 1999.

  3.  Section 1 of this act becomes effective at 12:02 a.m. on July 1, 1999.

    Sec. 97.  1.  Section 32 of chapter 477, Statutes of Nevada 1999, at page 2432, is hereby amended to read as follows:

  Sec. 32.  1.  This section and section 28 of this act become effective upon passage and approval.

  2.  Sections 1 to 17, inclusive, 19 to [27,] 27.1, inclusive, 29 and 30 of this act become effective on July 1, 1999.

  3.  [Sections 18 and 31] Section 18 of this act [become] becomes effective at 12:01 a.m. on July 1, 1999.

  4.  Section 31 of this act becomes effective at 12:02 a.m. on July 1, 1999.

  2.  Chapter 477, Statutes of Nevada 1999, at page 2431, is hereby amended by adding thereto a new section to be designated as section 27.1, immediately following section 27, to read as follows:

  Sec. 27.1.  Section 2 of chapter 333, Statutes of Nevada 1999, at page 1378, is hereby amended to read as follows:

  Sec. 2.  Chapter [481] 289 of NRS is hereby amended by adding thereto a new section to read as follows:

  As a condition of the certification of each peace officer, the peace officers’ standards and training [committee] commission shall require each peace officer to be trained in dealing with the crimes of stalking and aggravated stalking, including, without limitation:

  1.  The manner in which a report from a person who claims to be a victim of stalking or aggravated stalking should be taken;

  2.  The proper method of carrying out an investigation of alleged stalking or aggravated stalking; and

  3.  The elements of the crimes of stalking and aggravated stalking.


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    Sec. 98.  Sections 5, 7 to 11, inclusive, 13, 15, 19, 20, 25, 28 to 31, inclusive, 33, 34, 37, 38 and 41 of chapter 480, Statutes of Nevada 1999, at pages 2450 to 2453, inclusive, 2455, 2457, 2459, 2461, 2463 to 2469, inclusive, and 2471, are hereby amended to read respectively as follows:

  Sec. 5.  NRS 483.922 is hereby amended to read as follows:

  483.922  1.  Except as otherwise provided in NRS 484.383, a person who drives, operates or is in actual physical control of a commercial motor vehicle within this state shall be deemed to have given consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or to detect the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance.

  2.  The tests must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining such a person, has reasonable grounds to believe that the person was:

  (a) Driving, operating or in actual physical control of a commercial motor vehicle while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.

  3.  As used in this section, “prohibited substance” has the meaning ascribed to it in section 20 of [this act.] Senate Bill No. 481 of this session.

  Sec. 7.  NRS 484.379 is hereby amended to read as follows:

  484.379  1.  It is unlawful for any person who:

  (a) Is under the influence of intoxicating liquor;

  (b) Has [0.10 percent] a concentration of alcohol of 0.10 or more [by weight of alcohol] in his blood [;] or breath; or

  (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath,

to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

  2.  It is unlawful for any person who:

  (a) Is under the influence of a controlled substance;

  (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

  (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,

to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.

  3.  It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:


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Prohibited substance....................... Urine Blood

      Nanograms per ....... Nanograms per

      milliliter................................... milliliter

(a) Amphetamine............................... 500 100

(b) Cocaine.......................................... 150 50

(c) Cocaine metabolite...................... 150 50

(d) Heroin......................................... 2,000 50

(e) Heroin metabolite:

  (1) Morphine.................................. 2,000 50

  (2) 6-monoacetyl morphine.............. 10 10

(f) Lysergic acid diethylamide............ 25 10

(g) Marijuana........................................ 10 2

(h) Marijuana metabolite.................... 15 5

(i) Methamphetamine....................... 500 100

(j) Phencyclidine................................... 25 10

 

  4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense 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. 8.  NRS 484.37943 is hereby amended to read as follows:

  484.37943  1.  If a person is found guilty of a first violation, if the [weight] concentration of alcohol in the defendant’s blood or breath at the time of the offense was 0.18 [percent] or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

  2.  If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

  3.  Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

  (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of [this act] Senate Bill No. 210 of this session to make that evaluation; or

  (b) A physician who is certified to make that evaluation by the board of medical examiners,

who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

  4.  The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3.


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center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

  5.  The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

  6.  An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.

  Sec. 9.  NRS 484.3795 is hereby amended to read as follows:

  484.3795  1.  A person who:

  (a) Is under the influence of intoxicating liquor;

  (b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

  (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

  (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

  (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

  (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,

and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, 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 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

  2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.


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  3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense 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.

  4.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

  Sec. 10.  NRS 484.382 is hereby amended to read as follows:

  484.382  1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath to determine the [alcoholic content of] concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

  (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.

  2.  If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

  3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

  Sec. 11.  NRS 484.383 is hereby amended to read as follows:

  484.383  1.  Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the [alcoholic content of] concentration of alcohol in his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was:

  (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.

  2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.


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  3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

  4.  If the [alcoholic content of] concentration of alcohol in the blood or breath of the person to be tested is in issue:

  (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

  (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

  (c) A police officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

      (1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 484.379 or 484.3795; or

      (2) Has been convicted within the previous 7 years of:

           (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or

           (II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

  5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

  6.  Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.

  7.  If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

  (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795,

the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the [alcoholic content] concentration of alcohol or presence of a controlled substance or another prohibited substance in his blood.

  8.  If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.


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testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

  Sec. 13.  NRS 484.385 is hereby amended to read as follows:

  484.385  1.  As agent for the department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or has a detectable amount of a prohibited substance in his blood or urine, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the department along with the written certificate required by subsection 2.

  2.  When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or had a detectable amount of a prohibited substance in his blood or urine, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or with a detectable amount of a prohibited substance in his blood or urine, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.

  3.  The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

  4.  Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.


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  Sec. 15.  NRS 484.387 is hereby amended to read as follows:

  484.387  1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

  2.  The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or a detectable amount of a prohibited substance in his blood or urine. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

  3.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.

  4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

  Sec. 19.  NRS 484.3888 is hereby amended to read as follows:

  484.3888  1.  The committee on testing for intoxication may adopt regulations that require:

  (a) The calibration of devices which are used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood or urine;

  (b) The certification of persons who make those calibrations;

  (c) The certification of persons who operate devices for testing a person’s blood or urine to determine the [amount] concentration of alcohol or presence of a controlled substance or another prohibited substance in the person’s blood or urine; and

  (d) The certification of persons who examine those operators.

  2.  The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood or urine.


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  Sec. 20.  NRS 484.391 is hereby amended to read as follows:

  484.391  1.  A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 484.379 or 484.3795 must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests to determine:

  (a) The [alcoholic content] concentration of alcohol in his blood [;] or breath; or

  (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine.

  2.  The failure or inability to obtain such a test or tests by such a person does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.

  3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.

  Sec. 25.  NRS 484.791 is hereby amended to read as follows:

  484.791  1.  Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:

  (a) Homicide by vehicle;

  (b) A violation of NRS 484.379;

  (c) A violation of NRS 484.3795;

  (d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries in violation of NRS 484.219 or 484.223;

  (e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway in violation of NRS 484.221 or 484.225;

  (f) Reckless driving;

  (g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended; or

  (h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.

  2.  Whenever any person is arrested as authorized in this section, he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) of subsection 1 a peace officer has the same discretion as is provided in other cases in NRS 484.795.

  Sec. 28.  NRS 488.410 is hereby amended to read as follows:

  488.410  1.  It is unlawful for any person who:

  (a) Is under the influence of intoxicating liquor;

  (b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath; or

  (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath,


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of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath,

to operate or be in actual physical control of a vessel under power or sail on the waters of this state.

  2.  It is unlawful for any person who:

  (a) Is under the influence of a controlled substance;

  (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

  (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,

to operate or be in actual physical control of a vessel under power or sail on the waters of this state.

  3.  It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this state with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

 

Prohibited substance

Urine

Blood

 

Nanograms per

Nanograms per

 

milliliter

milliliter

(a) Amphetamine

500

100

(b) Cocaine

150

50

(c) Cocaine metabolite

150

50

(d) Heroin

2,000

50

(e) Heroin metabolite:

 

 

(1) Morphine

2,000

50

(2) 6-monoacetyl morphine

10

10

(f) Lysergic acid diethylamide

25

10

(g) Marijuana

10

2

(h) Marijuana metabolite

15

5

(i) Methamphetamine

500

100

(j) Phencyclidine

25

10

 

  4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause [the] him to have a concentration of 0.10 or more of alcohol in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense 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. 29.  NRS 488.420 is hereby amended to read as follows:

  488.420  1.  A person who:

  (a) Is under the influence of intoxicating liquor;

  (b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

  (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;


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concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

  (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

  (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail; or

  (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,

and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, 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 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

  2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

  3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense 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.

  4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

  Sec. 30.  NRS 488.450 is hereby amended to read as follows:

  488.450  1.  Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to a preliminary test of his breath to determine the [alcoholic content] concentration of alcohol in his breath when the test is administered at the direction of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested was:


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  (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.

  2.  If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.

  3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

  Sec. 31.  NRS 488.460 is hereby amended to read as follows:

  488.460  1.  Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the [alcoholic content] concentration of alcohol in his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was:

  (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.

  2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

  3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

  4.  If the [alcoholic content] concentration of alcohol of the blood or breath of the person to be tested is in issue:

  (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

  (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

  (c) A peace officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

      (1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 488.410 or 488.420; or

      (2) Has been convicted within the previous 7 years of:


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           (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or

           (II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

  5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

  6.  Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.

  7.  If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

  (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420,

the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in his blood.

  Sec. 33.  NRS 488.480 is hereby amended to read as follows:

  488.480  1.  If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:

  (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

  (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.

  2.  Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.

  3.  If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.

  4.  Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3884, 484.3886 or 484.3888.

  5.  If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.


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pursuant to NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.

  6.  A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.

  7.  This section does not preclude the admission of evidence of a test of a person’s breath where the:

  (a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.

  (b) Test has been performed by a person other than one who is certified by the director.

  Sec. 34.  NRS 488.490 is hereby amended to read as follows:

  488.490  1.  A person who is arrested for operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410 or 488.420 must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test to determine:

  (a) The [alcoholic content] concentration of alcohol in his blood [;] or breath; or

  (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine.

  2.  The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.

  3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.

  Sec. 37.  NRS 50.315 is hereby amended to read as follows:

  50.315  1.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:

  (a) That the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a person’s breath to determine the [amount by weight] concentration of alcohol in his breath;

  (b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and

  (c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.

  2.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:


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is admissible in evidence in any criminal or administrative proceeding to prove:

  (a) The occupation of the affiant or declarant; and

  (b) That the solution or gas has the chemical composition necessary for accurately calibrating it.

  3.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

  (a) The occupation of the affiant or declarant;

  (b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;

  (c) That the calibration was performed within the period required by the committee’s regulations; and

  (d) Upon completing the calibration of the device, it was operating properly.

  4.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:

  (a) The occupation of the affiant or declarant;

  (b) The identity of the person from whom the affiant or declarant withdrew the sample;

  (c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and

  (d) The identity of the person to whom the affiant or declarant delivered it.

  5.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance may be admitted in any criminal, civil or administrative proceeding to prove:

  (a) The occupation of the affiant or declarant;

  (b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and

  (c) The identity of the person to whom the affiant or declarant delivered it.

  6.  If, at or before the time of the trial, the defendant establishes that:

  (a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and

  (b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,

the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony.


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receive such testimony. The time within which a trial is required is extended by the time of the continuance.

  7.  During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.

  8.  The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

  Sec. 38.  NRS 50.320 is hereby amended to read as follows:

  50.320  1.  The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison, organic solvent or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

  (a) The quantity of the purported controlled substance; or

  (b) The [