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ê2001 Statutes of Nevada, Page 1731 (Chapter 369, AB 560)ê

 

    (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

    (c) May require that training be carried on at institutions which it approves in those regulations.

    Sec. 4.  NRS 289.550 is hereby amended to read as follows:

    289.550  1.  [The persons] Except as otherwise provided in subsection 2, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the commission [, except

    1.] within 1 year after the date on which the person commences employment as a peace officer unless the commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified. A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.

    2.  The following persons are not required to be certified by the commission:

    (a) The chief parole and probation officer;

    [2.] (b) The director of the department of prisons;

    [3.] (c) The state fire marshal;

    [4.] (d) The director of the department of motor vehicles and public safety, the deputy directors of the department, the chiefs of the divisions of the department other than the investigation division, and the members of the state disaster identification team of the division of emergency management of the department;

    [5.] (e) The commissioner of insurance and his chief deputy;

    [6.] (f) Railroad policemen; and

    [7.] (g) California correctional officers.

    Sec. 5.  NRS 561.225 is hereby amended to read as follows:

    561.225  1.  The director shall appoint such technical, clerical and operational staff as the execution of his duties and the operation of the department may require.

    2.  The director may designate such department personnel as are required to be field agents and inspectors in the enforcement of the provisions of Titles 49 and 50 of NRS [.] and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS. The provisions of this subsection do not authorize any department personnel so designated by the director to retire from the public employees’ retirement system before having attained the minimum service retirement age of 60 years.

    Sec. 6.  The amendatory provisions of section 4 of this act do not apply until July 1, 2002, to a person who has commenced employment as a peace officer before July 1, 2001, and who is required to be certified pursuant to NRS 289.550 but has not been certified by July 1, 2001.

    Sec. 7.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 1732ê

 

CHAPTER 370, AB 568

Assembly Bill No. 568–Committee on Government Affairs

 

CHAPTER 370

 

AN ACT relating to county recorders; revising the provisions governing county recorders; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 244.3605 is hereby amended to read as follows:

    244.3605  1.  Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:

    (a) Repair, safeguard or demolish a dangerous structure;

    (b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or

    (c) Clear weeds and noxious plant growth,

to protect the public health, safety and welfare of the residents of the county.

    2.  An ordinance adopted pursuant to subsection 1 must:

    (a) Contain procedures pursuant to which the owner of the property is:

         (1) Sent notice, by certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and

         (2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.

    (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

    (c) Provide the manner in which the county will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

    (d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was required to abate the condition.

    3.  The board or its designee may direct the county to abate the condition on the property and may recover the amount expended by the county for labor and materials used to abate the condition if:

    (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice.

    (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order.

    (c) The board has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.


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    4.  In addition to any other reasonable means of recovering money expended by the county to abate the condition, the board may provide that the expense is a lien upon the property upon which such a condition is located. The lien must be perfected by:

    (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

    (b) [Filing] Recording with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

    Sec. 2.  NRS 246.020 is hereby amended to read as follows:

    246.020  1.  Each county clerk shall, before entering upon the duties of his office:

    (a) Take the oath prescribed by law.

    (b) Execute to the county a penal bond in the sum of $10,000, conditioned for the faithful discharge of the duties of his office, which bond must be approved by the district judge and [filed] recorded in the office of the county recorder, unless a blanket fidelity bond is furnished by the county.

    2.  In all counties where the county clerk is ex officio county recorder, the official bond of the county clerk must be recorded in the manner and place as provided in subsection 1, and immediately thereafter must be deposited for safekeeping in the office of the county treasurer.

    Sec. 3.  NRS 246.030 is hereby amended to read as follows:

    246.030  1.  All county clerks are authorized to appoint deputies, who are authorized to transact all official business appertaining to the office [,] to the same extent as their principals. A deputy must be at least 18 years of age.

    2.  County clerks are responsible on their official bonds for all official malfeasance or nonfeasance of their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county clerks.

    3.  All appointments of deputies under the provisions of this section must be in writing, and must, together with the oath of office of the deputies, be [filed and recorded in a book provided for that purpose] recorded in the office of the recorder of the county within which the principal legally holds and exercises his office. Revocations of such appointments must [also be filed and recorded as herein provided.] be recorded in the same manner. From the time of the [filing] recording of the appointments or revocations , [therein,] persons shall be deemed to have notice of the [same.] appointment or revocation.

    Sec. 4.  Chapter 247 of NRS is hereby amended by adding thereto a new section to read as follows:

    As used in this chapter, unless the context otherwise requires, “document” means a written instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing, without regard to:

    1.  The form in which the document is received by a county recorder;

    2.  The method used to transmit the document to a county recorder; or

    3.  The method used by a county recorder to store, access or retrieve the document.

    Sec. 5.  NRS 247.040 is hereby amended to read as follows:

    247.040  1.  All county recorders are authorized to appoint deputies, who are authorized to transact all official business appertaining to the office [,] to the same extent as their principals.


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ê2001 Statutes of Nevada, Page 1734 (Chapter 370, AB 568)ê

 

[,] to the same extent as their principals. A deputy must be at least 18 years of age.

    2.  County recorders are responsible on their official bonds for all official malfeasance or nonfeasance of their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county recorders.

    3.  All appointments of deputies under the provisions of this section must be in writing, and must, together with the oath of office of the deputies, be [filed and recorded in a book provided for that purpose] recorded in the office of the recorder of the county within which the county recorder legally holds [and exercises his] office. Revocations of such appointments must [also be filed and recorded as herein provided.] be recorded in the same manner. From the time of the [filing] recording of the appointments or revocations , [therein,] persons shall be deemed to have notice of the [same.] appointment or revocation.

    Sec. 6.  NRS 247.060 is hereby amended to read as follows:

    247.060  A county recorder [is empowered to] may take and certify the acknowledgment and proof of all [conveyances] documents affecting any real property [, or of any other written instrument,] for which he [shall] is entitled to receive the same fees as are prescribed by law. [All] A county recorder shall deposit all such fees [shall be deposited] in the county general fund.

    Sec. 7.  NRS 247.070 is hereby amended to read as follows:

    247.070  1.  [County recorders shall subscribe for such newspapers, at least one and] A county recorder may purchase a subscription for not more than three [,] newspapers printed and published in [their respective counties, as the board of county commissioners therein may select and determine.

    2.  Except as otherwise provided in subsection 6, each county recorder shall:

    (a) Receive and preserve every copy of the paper or papers so subscribed for; and

    (b) From time to time, cause the same to be arranged properly and bound in volumes of convenient size in a substantial manner.

The volumes when bound must be kept in his office for the use of the courts and the public, all of whom must be given access to the volumes at all times during office hours, free of charge. Except as otherwise provided in subsection 4, the county recorder is entitled to receive for his services in this behalf the sum of $10 for each volume. For neglect of the duties hereby imposed, he shall forfeit the sum of $50 to be recovered, with costs, in a civil action before any court, one-half of which must be paid into the county school fund, and the other half to the person who prosecutes the action to successful termination.

    3.] the county where the county recorder holds office.

    2.  The county recorder [of each county] may microfilm each issue of the newspaper or newspapers subscribed for as provided in subsection 1 . [and keep the microfilm in lieu of keeping the newspapers.

    4.  The price of the papers, the binding of the several volumes thereof, the cost of microfilming, and the county recorder’s compensation for the care and preservation of the newspapers and microfilm must be paid out of the general fund of the county, in the same manner that other charges are audited and allowed from the fund by the respective boards of county commissioners; but in any county in which the county recorder is compensated by a salary, the county recorder is entitled to receive for such services no compensation additional to that of his salary, and the expense of procuring and filing the newspapers or microfilm must be paid as stationery and books for the office of the county recorder are now paid for.


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compensated by a salary, the county recorder is entitled to receive for such services no compensation additional to that of his salary, and the expense of procuring and filing the newspapers or microfilm must be paid as stationery and books for the office of the county recorder are now paid for.

    5.  Any person who willfully abstracts, destroys, mutilates or defaces any microfilm, volume or newspaper purchased in pursuance of this section is guilty of a misdemeanor.

    6.  In order to satisfy the requirements of subsection 2, a county recorder may enter into an agreement with a public library serving that county which provides that the library will receive, preserve, bind and make available the newspapers in accordance with subsection 2. Such an agreement may provide that the library may keep microfilm in lieu of keeping the newspapers.]

    Sec. 8.  NRS 247.080 is hereby amended to read as follows:

    247.080  [1.  Each county recorder must procure such books for records as the business of his office requires, but orders for the same must be obtained from the board of county commissioners.

    2.  The] Each county recorder shall [have the] take custody of and [shall be] is responsible for all [books, records, maps and papers] documents deposited in his office.

    Sec. 9.  NRS 247.090 is hereby amended to read as follows:

    247.090  All [books of records, maps, charts, surveys and other papers] documents on file in the office of the county recorder, must, during office hours, be open for inspection by any person without charge. The county recorder must arrange the books of record and indexes in his office in such suitable places as to facilitate their inspection.

    Sec. 10.  NRS 247.100 is hereby amended to read as follows:

    247.100  [1.]  Each county recorder shall:

    [(a) Enter]

    1.  Record each document [, instrument or paper filed in his office in a book to be known as the receiving book,] in the order in which it is [filed.

    (b) Give to each document, instrument or paper thus filed its proper number in the order of filing.

    (c) Write opposite the title, name or designation of such filing in the receiving book the date of filing, the file number so given to it, and the amount of fees collected for the recording or filing of the same, as the case may be.

    (d) Upon request, issue his receipt for the fee, with the file number placed thereon.

    2.  The receiving book, when so kept, shall be the fee book of the county recorder for the matters mentioned in this section, and shall be open to the inspection of anyone desiring so to do.

    3.  The file number of each document, instrument or paper, as mentioned in this section, shall be placed on such document, instrument or paper at the time of filing, and on the official record when and where the same shall be recorded.

    4.  Any county recorder who shall willfully violate any of the provisions of this section shall be fined not more than $500.] received;

    2.  Maintain a record of all transactions conducted within the office and a record of all fees collected; and

    3.  Make the records maintained pursuant to subsection 2 available for public inspection during regular business hours.


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ê2001 Statutes of Nevada, Page 1736 (Chapter 370, AB 568)ê

 

    Sec. 11.  NRS 247.110 is hereby amended to read as follows:

    247.110  1.  When [any instrument, paper or notice] a document authorized by law to be recorded [or filed] is deposited in the county recorder’s office for recording , [or for filing,] the county recorder shall:

    (a) Endorse upon it the time when it was received, noting:

         (1) The year, month, day, hour and minute of its reception ; [.]

         (2) The [file number thereof.

         (3) The book and page where recorded or the place where filed.

         (4)] document number; and

         (3) The amount of fees collected for recording [or filing.] the document.

    (b) Record [or file the instrument] the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the [instruments are] papers are received for recording . [or for filing.]

    (c) Note at the [foot] upper right corner of the record and upon the [instrument so filed or] document so recorded the exact time of its reception, and the name of the person at whose request it was recorded . [or filed.]

    (d) Upon request, place a stamp or other notation upon one copy of the [instrument, paper or notice] document presented at the time of recording [or filing] to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.

    2.  In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.

    3.  A county recorder shall not refuse to record [or file any instrument, paper or notice] a document on the grounds that the [instrument, paper or notice] document is not legally effective to accomplish the purposes stated therein.

    Sec. 12.  NRS 247.110 is hereby amended to read as follows:

    247.110  1.  When a document authorized by law to be recorded is deposited in the county recorder’s office for recording, the county recorder shall:

    (a) Endorse upon it the time when it was received, noting:

         (1) The year, month, day, hour and minute of its reception;

         (2) The document number; and

         (3) The amount of fees collected for recording the document.

    (b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

    (c) Note at the [foot] upper right corner of the record and upon the document , except a map, so recorded the exact time of its reception, and the name of the person at whose request it was recorded.

    (d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.


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    2.  A county recorder may endorse the information described in paragraph (a) of subsection 1 on the book and page where a document is recorded.

    3.  A county recorder shall not refuse to record a document on the grounds that the document is not legally effective to accomplish the purposes stated therein.

    4.  A document, except a map, that is submitted for recording must:

    (a) Be on paper that is 8 1/2 inches by 11 inches in size;

    (b) Have a margin of 1 inch on the left and right sides and at the bottom of each page; and

    (c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

    Sec. 13.  NRS 247.120 is hereby amended to read as follows:

    247.120  1.  Each county recorder shall, upon the payment of the prescribed statutory fees, record separately, in a manner which will allow a legible copy to be made, the following specified [instruments in large, well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:] documents:

    (a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.

    (b) Certificates of marriage and marriage contracts.

    (c) Wills admitted to probate.

    (d) Official bonds.

    (e) Notice of mechanics’ liens.

    (f) Transcripts of judgments which by law are made liens upon real estate in this state and affidavits of renewal of those judgments.

    (g) Notices of attachment upon real estate.

    (h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.

    (i) Instruments describing or relating to the separate property of married persons.

    (j) Notice of preemption claims.

    (k) Notices and certificates of location of mining claims.

    (l) Affidavits of proof of annual labor on mining claims.

    (m) Affidavits of intent to hold mining claims recorded pursuant to subsection 3 of NRS 517.230.

    (n) Certificates of sale.

    (o) Judgments or decrees.

    (p) Declarations of homesteads.

    (q) Such other writings as are required or permitted by law to be recorded.

    2.  Each of the [instruments] documents named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.

    3.  Before accepting for recording any [instrument] document enumerated in subsection 1, the county recorder [may] shall require a [copy] document suitable for recording by a method used by the recorder to preserve his records. [Where] If any rights may be adversely affected because of a delay in recording caused by this requirement, the county recorder shall accept the [instrument] document conditionally subject to submission of a suitable [copy] document at a later date. [The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.]


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this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.] Before accepting a document conditionally, the recorder shall require the person who requests the recording to sign a statement that the person has been advised of the requirements described in this subsection and record the statement with the document.

    Sec. 14.  NRS 247.130 is hereby amended to read as follows:

    247.130  1.  In lieu of any [or all] of the separate books provided for in NRS 247.120, the county recorder may [, in his discretion, record any or all of the instruments] record a document designated in NRS 247.120 in one general series [of books] to be called “Official Records[,” which books shall be numbered consecutively beginning with number 1.]

    2.  The recording of [instruments] a document in such “Official Records” will impart notice in like manner and effect as if [such instruments] the document were recorded in any of the separate books provided for in this chapter.

    Sec. 15.  NRS 247.145 is hereby amended to read as follows:

    247.145  1.  County recorders may record any [instrument, document, paper or notice] document authorized, entitled or required by law to be [filed, when deposited or] recorded when presented for [filing.

    2.  The following acts shall be deemed equivalent to filing:

    (a) Recording.

    (b) Recording and microfilming an instrument, document, paper or notice by county records in counties having microfilm equipment.

    (c) Recording and preserving an instrument, document, paper or notice in any other manner which will allow a legible copy to be made.] recording.

    2.  A document is recorded when the information required pursuant to NRS 247.110 is placed on the document and is entered in the record of the county recorder.

    Sec. 16.  NRS 247.150 is hereby amended to read as follows:

    247.150  1.  Each county recorder shall [keep] maintain two separate indexes [for each separate book or series of books maintained] in his office for the separate alphabetical recordation of the various classes of [instruments] documents specified in NRS 247.120. One of the indexes must be for the grantors, defendants, mortgagors, trustors, lessors, vendors, assignors, appointors, parties releasing, judgment debtors, testators, obligors under bonds, parties against whom liens are claimed or attachments issued, mining locators, name of mine, persons filing or parties adversely affected by the document indexed, and the other index must be for the grantees, plaintiffs, mortgagees, beneficiaries, lessees, vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens and similar encumbrances are released or the parties benefited by the document indexed.

    2.  Each of the indexes must be so arranged as to show:

    (a) The names of each of the parties to [every instrument,] each document except as otherwise provided in subsection 5.

    (b) The date on which the [instrument was filed] document was recorded in the office of the county recorder.

    (c) The book and page where the [instrument] document is recorded, or the [file number and file where the instrument may be filed.] document number.

    (d) Such other data as in the discretion of the county recorder may seem desirable.


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If the index is one general series [of books] for all [instruments] documents recorded, it must also show the character of the [instrument] document indexed.

    3.  [The] A county recorder may keep in the same volume any two or more of the indexes provided for in this section, but the indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept in it.

    4.  The first column of the several indexes for parties adversely affected and parties benefited must be arranged in alphabetical order.

    5.  When a conveyance is executed by a sheriff, the name of the [sheriff] county and the party charged in the execution must both be inserted in the indexes. When [an instrument] a document is recorded [or filed] to which an executor, administrator, guardian or trustee is a party, the name of the executor, administrator, guardian or trustee, together with the name of the testator, intestate, or ward, or party for whom the trust is held, must be inserted in the index, except that the name of the trustee in a deed of trust or in a partial or full deed of reconveyance need not be indexed. A trustee’s deed given upon exercise of the power of sale under any deed of trust must be indexed under the names of the original trustor and the grantee named in it. [An instrument] A document affecting a limited partnership is not required to be indexed under the names of the limited partners if it is indexed under the names of the partnership and the general partners.

    6.  In addition to the indexes required by this section, the county recorder shall [also] keep and maintain other indexes required in the performance of his official duties.

    7.  Except as otherwise provided in subsection 8, every [instrument filed] document deposited in the office of any county recorder for [record or filed, but not for] recordation, must be alphabetically indexed [in the indexes provided for each separate book or set of books or file,] under the names of each party adversely affected by the document and under the names of each party benefited by the document so indexed.

    8.  A map of a minor county road that is [filed] recorded in the office of a county recorder must:

    (a) Be [filed] recorded in the index for grantors according to the townships, ranges and sections indicated on the face of the map; and

    (b) Show the character of the [instrument] document as a map of a minor county road.

    9.  As an alternative to the method of indexing prescribed by this section, the county recorder may [, with the permission of the board of county commissioners,] use in place of the index books or volumes:

    (a) Card indexes with a metal-reinforced hole punched in them for rod insertion, and the card indexes must be kept in suitable metal file cabinets.

    (b) A secure electronic method of indexing, including , without limitation , microfilm produced by computer or a system using computer terminals.

    Sec. 17.  NRS 247.155 is hereby amended to read as follows:

    247.155  1.  If a document contains the names of [500] 200 or more persons which must be indexed in accordance with NRS 247.150, a county recorder may require [a magnetic tape produced by a computer which can be used on the computer in the county recorder’s office from] the person who requests the recording of that document [. If this tape] to provide the office of the county recorder with an electronic version or other copy of the document that:


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ê2001 Statutes of Nevada, Page 1740 (Chapter 370, AB 568)ê

 

    (a) Is compatible with and readable by the computer in the office of the county recorder; and

    (b) Complies with the indexing standards of the county recorder.

    2.  If an electronic version or other copy described in subsection 1 is furnished, the county recorder shall not charge a filing fee for any page which contains those names.

    Sec. 18.  NRS 247.160 is hereby amended to read as follows:

    247.160  Whenever [any instrument filed for record with the] a document is recorded by a county recorder [of any county] or a copy of [the instrument] a document has been inserted into a book of record other than that designated by law, but is later [indexed] included in the [proper book of indexes, the instrument] correct index, the document from the date of indexing imparts notice of its contents to all persons. Subsequent purchasers, mortgagees, lienholders and encumbrancers purchase and take with like notice and effect as if the [instrument] document had been recorded in the proper book of record.

    Sec. 19.  NRS 247.170 is hereby amended to read as follows:

    247.170  1.  Whenever [any instrument] a document has been [filed for record with the] recorded by a county recorder [of any county] as a deed of trust, mortgage or financing statement, or a copy of [the instrument] a document has been inserted into [any] a book of deeds, deeds of trust, mortgages or financing statement, the [instrument] document need not be again [filed for record or] recorded in the office as a different [instrument] document from that so [filed for record or] recorded, but the county recorder [must index the instrument] shall:

    (a) Index the document in any of the indexes kept in his office upon the request of the person requesting the recording of the [instrument] document; and

    (b) Index the payment to him of his legal fees for such indexing.

    2.  The [instrument] document from the date of such indexing imparts notice of its contents to all persons, and subsequent purchasers, mortgagees, lienholders and encumbrancers purchase and take with like notice and effect as if the [instrument] document had been copied or recorded in the proper book of records corresponding with [such] all indexes where so indexed.

    Sec. 20.  NRS 247.180 is hereby amended to read as follows:

    247.180  1.  Except as otherwise provided in NRS 111.312, whenever [an instrument] a document conveying, encumbering or mortgaging both real and personal property is presented to [any] a county recorder for recording, the county recorder shall record the [instrument in a book kept by him for that purpose, which ] document. The record must be indexed in the real estate index as deeds and other conveyances are required by law to be indexed, and for which [he] the county recorder may receive the same fees as are allowed by law for recording and indexing deeds and other [instruments,] documents, but only one fee for the recording of [any instrument] a document may be collected.

    2.  A county recorder who records an instrument pursuant to this section shall, within 7 working days after he records the instrument, provide to the county assessor at no charge:

    (a) A duplicate copy of the instrument and any supporting documents; or

    (b) Access to the digital instrument and any digital supporting documents.


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    Sec. 21.  NRS 247.190 is hereby amended to read as follows:

    247.190  1.  [Every instrument of writing] A document acknowledged or proved and certified and recorded in the manner prescribed in this chapter [shall,] from the time of [filing the same] depositing the document with the county recorder of the proper county for record, [impart] provides notice to all persons of the contents thereof, and all third parties shall be deemed to purchase and take with notice.

    2.  All [instruments filed] documents deposited for recordation with the county recorder [shall] must have typed or legibly printed the names of all signers thereon, excluding those of the acknowledging officers and witnesses, beneath the original signatures. If [such an instrument] a document does not contain [such] the typed or printed names, the county recorder shall accept [such instrument] the document for recordation if accompanied by an affidavit, for recordation with the [instrument,] document, correctly spelling in legible print or type the signatures appearing on [such instrument.] the document. This requirement [shall] does not apply to military discharges or military [instruments,] documents, to wills or court records, or to [any instrument dated prior to] a document dated before July 1, 1963. Failure to print or type signatures as provided in this subsection [shall] does not invalidate the [instrument.

    3.  Every instrument of writing filed, but not for recordation, as permitted by law, shall from the time of filing of the same with the county recorder of the proper county impart notice to all persons of the contents thereof, and all third parties shall be deemed to purchase and take with notice.] document.

    Sec. 22.  NRS 247.200 is hereby amended to read as follows:

    247.200  [Instruments] A document affecting real property must be recorded in the office of the county recorder of the county in which the real property is situated. A county recorder may refuse to record a document affecting real property if the real property is not located within the county.

    Sec. 23.  NRS 247.210 is hereby amended to read as follows:

    247.210  A copy or abstract of [any instrument] a document once recorded or filed in any recording office of any state, certified by the county recorder or other appropriate officer in whose public office the [instrument] document is recorded or filed, may be recorded [or filed] in any county of this state, and when so recorded , [or filed] the record thereof [, or the filed instrument,] has the same force and effect as though it were of the original [instrument.] document.

    Sec. 24.  NRS 247.305 is hereby amended to read as follows:

    247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise county recorders shall charge and collect the following fees:

 

For recording any document, for the first page....................................................................................... $7

For each additional page................................................................................................................................ 1

For recording each portion of a document which must be separately indexed, after the first indexing     3

For copying any record, for each page........................................................................................................ 1

For certifying, including certificate and seal............................................................................................... 4

For a certified copy of a certificate of marriage........................................................................................ 7

For a certified abstract of a certificate of marriage.................................................................................. 7

 


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    2.  Except as otherwise provided in subsection 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

    (a) The county in which his office is located.

    (b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

         (1) Conveys to the state, or to that city or town, an interest in land;

         (2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary;

         (3) Imposes a lien in favor of the state or that city or town; or

         (4) Is a notice of the pendency of an action [in eminent domain filed] by the state [pursuant to NRS 37.060.] or that city or town.

    3.  A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.

    4.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

    5.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

    Sec. 25.  NRS 247.320 is hereby amended to read as follows:

    247.320  [County recorders are required to file and record in their respective offices and in the books provided therefor,]

    1.  A county recorder shall:

    (a) Record deeds of conveyances and judgments vesting or perfecting title in the United States [, and to certify copies of such instruments furnished by] ; and

    (b) Provide one certified copy of the official record to the interested government representative. [No fees shall be charged by the]

    2.  A county recorder shall not charge fees for the services [mentioned in] required by this section.

    Sec. 26.  NRS 247.330 is hereby amended to read as follows:

    247.330  A county recorder shall not [be bound to] record any [instrument, or file any paper or notice, or to] document, furnish any copies [, or to] or render any other service connected with his office, until [his] the fees for the [same] services, as prescribed by law , are paid or tendered.

    Sec. 27.  NRS 247.370 is hereby amended to read as follows:

    247.370  Any county recorder who willfully violates any of the provisions of NRS 247.340 [or 247.350] shall be fined not more than $1,000.

    Sec. 28.  NRS 247.380 is hereby amended to read as follows:

    247.380  If any county recorder [shall take] willfully takes more or greater fees than are allowed by law, he [shall be] is liable to indictment, and on conviction [shall] must be removed from office and fined [in any sum not exceeding] not more than $1,000.

    Sec. 29.  NRS 247.390 is hereby amended to read as follows:

    247.390  Any county recorder receiving fees as provided by law shall [publish and set up in some] post in a conspicuous place in his office a fee table for public inspection. A sum not exceeding $20 for each day of his omission so to do [shall] must be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.


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recovered by any person by an action before any justice of the peace of the same county.

    Sec. 30.  NRS 247.410 is hereby amended to read as follows:

    247.410  [If any county recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded is delivered for record, or to whom any document, instrument or paper permitted by law to be filed is delivered for filing:] A county recorder is liable to a party aggrieved for three times the amount of the damages that may be occasioned thereby if the county recorder:

    1.  Neglects or refuses to record [or file such instrument, paper or notice] a recordable document within a reasonable time after receiving the [same;] document;

    2.  Records [or files any instrument, paper or notice,] a document willfully or negligently, untruly [,] or in any other manner than is directed in this chapter;

    3.  Neglects or refuses to [keep] maintain in his office such indexes as are required by this chapter, or to make the proper entries therein; or

    4.  Alters, changes or obliterates any record or any filed [instrument] document deposited in his office, or inserts any new matter therein . [,

he is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby.]

    Sec. 31.  NRS 248.275 is hereby amended to read as follows:

    248.275  1.  The sheriff of each county in this state may charge and collect the following fees:

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant.............................................. $15

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.................................................................................................................... 1

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking    4

For a copy of any writ, process or other paper, [when] if demanded or required by law, for each page    2

For serving every rule or order..................................................................................................................... 15

For serving one notice required by law before the commencement of a proceeding for any type of eviction    15

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice.... 12

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice.. 10

For serving 25 or more such notices to the same location, each notice................................................. 9

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only 1


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But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For serving a subpoena, for each witness summoned............................................................................ 15

For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile....................... 1

When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons.......... 15

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper............................................................................ 15

For issuing each certificate of sale of property on execution or order of sale, and for [filing a duplicate thereof] recording the original certificate with the county recorder, which must be collected from the party receiving the certificate........................................................................................................................ 3

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof...................................................................................................................... 12

For serving a writ of possession or restitution, putting any person into possession entitled thereto 15

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile......................................................................................................... 1

For mailing a notice of a writ of execution................................................................................................. 1

 

The sheriff may charge and collect $1 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.

    2.  The sheriff may also charge and collect:

    (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

    (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.

    (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

    (d) For all services in justices’ courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

    3.  The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.


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    4.  In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

    5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

    6.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his county on or before the fifth working day of the month next succeeding the month in which the fees are collected.

    Sec. 32.  NRS 249.060 is hereby amended to read as follows:

    249.060  1.  County treasurers may appoint one or more deputies, and may take from them bond with sureties. A deputy must be at least 18 years of age. Every county treasurer and his sureties are liable for every official act of his deputies.

    2.  Any county treasurer may authorize his deputy or deputies to transact any official business pertaining to the office of county treasurer in the same manner as the county treasurer.

    3.  All appointments of deputies under the provisions of this section must be in writing, and must, together with the oath of office of the deputies, be [filed and recorded in a book provided for that purpose] recorded in the office of the recorder of the county within which the county treasurer legally holds and exercises his office. Revocations of such appointments must also be [filed and] recorded as [herein provided .] provided in this section. From the time of the [filing] recording of the appointments or revocations therein, persons shall be deemed to have notice of the [same.] appointments or revocations.

    Sec. 33.  NRS 250.060 is hereby amended to read as follows:

    250.060  1.  All county assessors are authorized to appoint deputies, who are authorized to transact all official business [appertaining] relating to the offices [,] to the same extent as the county assessors. A deputy must be at least 18 years of age.

    2.  County assessors are responsible on their official bonds for all official malfeasance or nonfeasance of their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county assessors.

    3.  All appointments of deputies under the provisions of this section must be in writing, and must, together with the oath of office of the deputies, be [filed and recorded in a book provided for that purpose] recorded in the office of the recorder of the county within which the county assessor legally holds and exercises his office. Revocations of such appointments must also be [filed and] recorded as [herein provided.] provided in this section. From the time of the [filing] recording of the appointments or revocations therein, persons shall be deemed to have notice of the [same.] appointments or revocations.

    Sec. 34.  NRS 252.070 is hereby amended to read as follows:

    252.070  1.  All district attorneys are authorized to appoint deputies, who may transact all official business [appertaining] relating to the offices [,] to the same extent as their principals.

    2.  District attorneys are responsible on their official bonds for all official malfeasance or nonfeasance of the deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.


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performance of their official duties may be required of deputies by district attorneys.

    3.  All appointments of deputies under the provisions of this section must be in writing, and must, together with the oath of office of the deputies, be [filed and recorded in a book provided for that purpose] recorded in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of those appointments must also be [filed and] recorded as provided in this section. From the time of the [filing] recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.

    4.  Deputy district attorneys of counties whose population is less than 100,000 may engage in the private practice of law. In any other county, except as otherwise provided in NRS 7.065 and this subsection, deputy district attorneys shall not engage in the private practice of law. An attorney appointed to prosecute a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his appointment.

    5.  Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any person so appointed must be fixed by the board of county commissioners.

    6.  In a county whose population is 400,000 or more, deputies are governed by the merit personnel system of the county.

    Sec. 35.  NRS 253.025 is hereby amended to read as follows:

    253.025  1.  A public administrator may appoint as many deputies as he deems necessary to perform fully the duties of his office. A deputy so appointed may perform all duties required of the public administrator and has the corresponding powers and responsibilities. Before entering upon the discharge of his duties , each deputy must take and subscribe to the constitutional oath of office.

    2.  Each appointment must be in writing and [filed,] recorded with the oath of office of that deputy [, in a book provided for that purpose] in the office of the county recorder. Any revocation or resignation of an appointment must be [filed in the same book.] recorded in the office of the county recorder.

    3.  The public administrator is responsible on his official bond for any official malfeasance or nonfeasance of his deputies [. He] and may require a bond for the faithful performance of the official duties of his deputies.

    Sec. 36.  NRS 255.110 is hereby amended to read as follows:

    255.110  1.  The county surveyor shall:

    (a) Keep a correct and fair record of all surveys made by him in his official capacity, or by his deputies acting in his stead, in the form of original field notes in field books to be provided by the county for that purpose.

    (b) Number such surveys progressively.

    (c) Make and preserve a fair and accurate record map of each survey, drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for [such] that purpose in the engineering profession, endorsing thereon its proper number and his official certificate of survey.

    (d) Obtain maps of mining claims, mill sites and tunnel rights [filed] recorded with the county recorder and prepare a county mining claim map which [shall] must accurately reflect the location of all such claims.


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which [shall] must accurately reflect the location of all such claims. A county surveyor shall not refuse to accept a map submitted by the locator of the mine, nor shall he prepare a map in lieu of one submitted by the locator, unless he can affirmatively show that the map submitted does not accurately reflect the location of all of the claims.

    2.  All records of surveys required by this chapter [shall] must be transmitted by him to his successor in office.

    3.  Field notes and records maps [shall] must be available for [purposes of copying the same] copying to any person requiring [the same.] a copy of the field notes or records maps.

    Sec. 37.  NRS 14.010 is hereby amended to read as follows:

    14.010  1.  In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, if affirmative relief is claimed in the answer, shall [file] record with the recorder of the county in which the property, or some part thereof, is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the property in that county affected thereby, and the defendant shall also in the notice state the nature and extent of the relief claimed in the answer.

    2.  A notice of an action affecting real property, which is pending in any United States District Court for the District of Nevada may be recorded and indexed in the same manner and in the same place as provided with respect to actions pending in courts of this state.

    3.  From the time of [filing] recording only, except as otherwise provided in NRS 14.017, the pendency of the action is constructive notice to a purchaser or encumbrancer of the property affected thereby. In case of the foreclosure of the mortgage, all purchasers or encumbrancers, by unrecorded deed or other instrument in writing made before the [filing] recording of the notice, and after the date of the mortgage, shall be deemed purchasers or encumbrancers after the [filing] recording of the notice, and subject thereto, unless NRS 14.017 is applicable or they can show that , at the time of [filing] recording the notice , the plaintiff had actual notice of the purchase or encumbrance.

    Sec. 38.  NRS 21.220 is hereby amended to read as follows:

    21.220  1.  If property be so redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on such last redemption with 2 percent thereon in addition, and the amount of any assessments or taxes which the last redemptioner may have paid thereon after the redemption by him, with interest on that amount, and in addition the amount of any liens held by the last redemptioner prior to his own, with interest , [;] but the judgment under which the property was sold need not be so paid as a lien.

    2.  The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within 60 days after the last redemption, on paying the sum paid on the last previous redemption, with 2 percent thereon in addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest.


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    3.  Written notice of redemption must be given to the sheriff and a duplicate [filed] recorded with the recorder of the county , [;] and if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and [filed] recorded with the recorder [;] and , if the notice is not [filed,] recorded, the property may be redeemed without paying the tax, assessment or lien.

    4.  If no redemption is made within 1 year after the sale, the purchaser, or his assignee, is entitled to a conveyance [;] or, if so redeemed, whenever 60 days have elapsed and no other redemption has been made and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a sheriff’s deed , [;] but in all cases the judgment debtor has the entire period of 1 year [from] after the date of the sale to redeem the property.

    5.  If the judgment debtor redeems, he must make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeems, the effect of the sale is terminated, and he is restored to his estate.

    6.  Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged or approved before a person authorized to take acknowledgments of conveyances of real property. The certificate must be [filed and] recorded in the office of the recorder of the county in which the property is situated.

    Sec. 39.  NRS 21.260 is hereby amended to read as follows:

    21.260  1.  If the purchaser of real property sold on execution, or his successor in interest, or a redemptioner [be] is evicted therefrom [in consequence] because of irregularities in the proceedings concerning the sale or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor.

    2.  If the purchaser of property at a sheriff’s sale, or his successor in interest, [fail] fails to recover possession in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof shall, on petition of such party in interest, or his attorney, revive the original judgment for the amount paid by [such] the purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore, and when so revived, the judgment [shall have] has the same effect as an original judgment of the court of that date, and bearing interest as aforesaid, and any other or after-acquired property, rents, issues or profits of the debtor [shall be] is liable to levy and sale, under execution in satisfaction of [such debt ; provided:

    (a) That no] the debt if:

    (a) No property of [such] the debtor bona fide sold upon the [filing of such petition shall be] recording of the petition is subject to the lien of [such] the judgment; and

    (b) [That] The notice of the [filing of such petition shall be made by filing] recording of the petition is made by recording a notice thereof in the office of the recorder of the county where [such] the property is situated, and that the judgment [shall] must be revived in the name of the original plaintiff or plaintiffs, for the use of the petitioner, the party in interest.


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    Sec. 40.  NRS 31.060 is hereby amended to read as follows:

    31.060  Subject to the requirements of NRS 31.045, the sheriff to whom the writ is directed and delivered shall execute it without delay, and if the undertaking mentioned in NRS 31.040 is not given, as follows:

    1.  Real property must be attached by leaving a copy of the writ with the occupant of the property or, if there is no occupant, by posting a copy in a conspicuous place on the property and [filing a copy,] recording the writ together with a description of the property attached, with the recorder of the county.

    2.  Personal property must be attached:

    (a) By taking it into immediate custody, and, if directed by the plaintiff, using the services of any company which operates a tow car, as defined in NRS 706.131, or common motor carrier, as defined in NRS 706.036, to transport it for storage in a warehouse or storage yard that is insured or bonded in an amount not less than the full value of the property; or

    (b) By placing a keeper in charge of a going business where the property is located, with the plaintiff prepaying the expense of the keeper to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.

If the property is stored pursuant to paragraph (a), the property must be segregated from other property and marked by signs or other appropriate means indicating that it is in the custody of the sheriff.

    3.  Any mobile home, as defined in NRS 40.215, must be attached by:

    (a) Posting a copy of the writ in a conspicuous place on the mobile home;

    (b) Taking it into immediate custody, subject to the provisions of subsection 2; or

    (c) Placing a keeper in charge of the mobile home for 2 days, with the plaintiff prepaying the expense of the keeper to the sheriff:

         (1) During which period, the defendant may continue to occupy the mobile home; and

         (2) After which period, the sheriff shall take the mobile home into his immediate custody, subject to the provisions of subsection 2, unless other disposition is made by the court or the parties to the action.

    4.  Debts and credits, due or to become due, and other personal property in the possession or under the control of persons other than the defendant must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive.

    Sec. 41.  NRS 37.060 is hereby amended to read as follows:

    37.060  1.  All proceedings under this chapter [shall] must be brought in the district court for the county in which the property or [some] a part thereof is situated. The complaint in such cases must be verified, and the party instituting any such proceedings shall [file] record with the recorder of each county in which any of the property is situated a notice of the pendency of the action.

    2.  From the time of such [filing] recording every purchaser or encumbrancer whose conveyance or encumbrance is not then recorded or docketed shall be deemed a subsequent purchaser or encumbrancer and [shall be ] is bound by the proceedings to the same extent and in the same manner as if he were a party therein. He may intervene in the manner provided by NRS 37.080.


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    Sec. 42.  NRS 39.040 is hereby amended to read as follows:

    39.040  Immediately after [filing] recording the complaint, the plaintiff shall [file] record with the recorder of the county in which the property is situated, a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action [,] and a description of the property to be affected thereby. From the time of the [filing] recording of the notice, except as otherwise provided in NRS 14.017, it shall be deemed notice to all persons.

    Sec. 43.  NRS 40.525 is hereby amended to read as follows:

    40.525  1.  [Whenever] If title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in the real or personal property, if his interest is affected by the death of that person, or the State of Nevada, may file in the district court of any county in which any part of the real or personal property is situated a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner and the interest of the deceased therein.

    2.  The clerk shall set the petition for hearing by the court. Notice of hearing of the petition must be mailed, by certified mail, return receipt requested, postage prepaid, to the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court orders. The clerk shall send a copy of the notice of hearing or of the affidavit to the welfare division of the department of human resources by certified mail, return receipt requested, postage prepaid, if the state is not the petitioner, at the time notice is mailed to the heirs at law or the notice is published. Failure on the part of any such heir at law to contest the petition precludes any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination.

    3.  The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of the death and the termination of the interest of the deceased in the real or personal property described in the petition.

    4.  A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.

    5.  As an alternative method of terminating the interest of the deceased person, [whenever] if title or an interest in real or personal property held in joint tenancy or as community property with right of survivorship is affected by the death of a joint tenant or spouse, any person who has knowledge of the facts may [file] record in the office of the county recorder in the county where the property is situated an affidavit meeting the requirements of NRS 111.365, accompanied by a certified copy of the death certificate of the deceased person.

    Sec. 44.  NRS 41.250 is hereby amended to read as follows:

    41.250  Any decree rendered under the provisions of NRS 41.210 to 41.260, inclusive, [shall be filed] must be recorded with the state health officer and in the office of the county recorder of the county in which the decree was rendered.

    Sec. 45.  NRS 68.040 is hereby amended to read as follows:

    68.040  A judgment rendered in a justice’s court creates no lien upon any lands of the defendant, unless an abstract is [filed] recorded in the office of the county recorder of the county in which the lands are situated.


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the county recorder of the county in which the lands are situated. When so [filed,] recorded and from the time of [filing,] the recording, the judgment becomes a lien upon all the real property of the judgment debtor, not exempt from execution, in the county, owned by him at the time, or which he acquires before the lien expires. The lien continues for 6 years, unless the judgment is previously satisfied.

    Sec. 46.  NRS 78.085 is hereby amended to read as follows:

    78.085  1.  Every railroad company in this state shall, within 90 days after its road is finally located:

    (a) Cause to be made a map and profile thereof, and of the land taken and obtained for the use thereof, and the boundaries of the several counties through which the road may run;

    (b) File the [same] map and profile thereof in the office of the secretary of state and a duplicate thereof with the public utilities commission of Nevada; and

    (c) Cause to be made like maps of the parts thereof located in different counties, and [file the same] record such maps in the office of the recorder of the county in which [such] those parts of the road are located.

    2.  The maps and profiles must be certified by the chief engineer, the acting president [,] and secretary of [such] the company , and copies of the [same,] maps and profiles so certified and [filed] recorded as required by subsection 1 [,] must be kept in the office of the company, subject to examination by all interested persons.

    Sec. 47.  NRS 84.080 is hereby amended to read as follows:

    84.080  1.  In the event of the death or resignation of any such archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, or other presiding officer [,] or clergyman, or of his removal from such office by the person or body having the authority to remove him when [such] the person is at the time a corporation sole, his successor in office, as such corporation sole, [shall be] is vested with the title to [any and] all property held by his predecessor, as such corporation sole, with like power and authority over the [same,] property and is subject to all the legal liabilities and obligations with reference thereto.

    2.  [Such] The successor shall [file] record in the office of the county recorder of each county wherein any of the real property is situated a certified copy of his commission, certificate or letter of election or appointment.

    Sec. 48.  NRS 107.090 is hereby amended to read as follows:

    107.090  1.  As used in this section, “person with an interest” means any person who has or claims any right, title or interest in, or lien or charge upon, the real property described in the deed of trust, as evidenced by any document or instrument [filed or] recorded in the office of the county recorder of the county in which any part of the real property is situated.

    2.  A person with an interest or any other person who is or may be held liable for any debt secured by a lien on the property desiring a copy of a notice of default or notice of sale under a deed of trust with power of sale upon real property may at any time after recordation of the deed of trust [file] record in the office of the county recorder of the county in which any part of the real property is situated an acknowledged request for a copy of the notice of default or of sale. The request must state the name and address of the person requesting copies of the notices and identify the deed of trust by stating the names of the parties thereto, the date of recordation , and the book and page where it is recorded.


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stating the names of the parties thereto, the date of recordation , and the book and page where it is recorded.

    3.  The trustee or person authorized to record the notice of default shall, within 10 days after the notice of default is recorded and mailed pursuant to NRS 107.080, cause to be deposited in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice, addressed to:

    (a) Each person who has [filed] recorded a request for a copy of the notice; and

    (b) Each other person with an interest whose interest or claimed interest is subordinate to the deed of trust.

    4.  The trustee or person authorized to make the sale shall, at least 20 days before the date of sale, cause to be deposited in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice of time and place of sale, addressed to each person described in subsection 3.

    5.  No request [filed] recorded pursuant to the provisions of subsection 2 affects the title to real property.

    Sec. 49.  NRS 108.234 is hereby amended to read as follows:

    108.234  Every building or other improvement mentioned in NRS 108.222, constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of [such] the owner or person having or claiming any interest therein, and the interest owned or claimed [shall be] is subject to any lien recorded in accordance with the provisions of NRS 108.221 to 108.246, inclusive, unless [such] the owner or person having or claiming an interest therein shall, within 3 days after he has obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for [such] the improvement by [filing] recording a notice in writing to that effect with the county recorder of the county where the land or building is situated [;] and, in the instance of:

    1.  A lessor, the notice of lien nonresponsibility shall be deemed timely [filed] recorded if the [same has been filed] notice is recorded within 3 days immediately following the execution of the lease by all parties as to that construction, alteration or repair, or intended construction, alteration or repair, known to the lessor at the time of the execution of the lease by all parties.

    2.  An optionor, the notice of lien nonresponsibility shall be deemed timely [filed] recorded if the [same has been filed] notice is recorded within 3 days immediately following the execution of the agreement permitting entry upon the real property by all parties as to that construction, alteration, repair, or intended construction, alteration, repair or other work known to the optionor at the time of the execution of the agreement by all parties.

    Sec. 50.  NRS 108.550 is hereby amended to read as follows:

    108.550  1.  The lien provided for in NRS 108.540 may be foreclosed in the following manner:

    (a) A notice must be posted for a period of 10 days in three public and conspicuous places in the county where the animals are being fed, pastured or boarded, which notice must also be published in one issue of a newspaper of general circulation in the county.

    (b) The notice must:


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         (1) Specify the nature and amount of the lien.

         (2) Specify that it is the intention of the lienholder to foreclose the [same] animal or animals by sale.

         (3) Specify a description of the animal or animals.

         (4) Specify the name and last known address of the owner or purported owner of the animal or animals.

         (5) State that unless the amount of the lien is paid on or before a specified date, the animal or animals, or so many thereof as may be necessary, will be sold at public auction at the place and on the day and hour specified in the notice.

         (6) Be signed and dated by the lienholder.

    (c) The lienholder shall specify a day for the purposes of the demand in subparagraph (5) of paragraph (b). The day specified must not be less than 10 nor more than 15 days after the date of the publication of the notice.

    (d) A true copy of the demand and notice must be mailed by registered or certified letter and at the time of publication to the last known address of the holder of every lien appearing of record in the county.

    2.  The sale provided for in this section may be conducted by the person furnishing the feed, pasture or board, or by any other person who may be designated by the lienholder. Only such number of animals will be sold as may be necessary to discharge the lien and pay the cost of the publication of notice, plus the sum of $5 to be allowed to the person making the sale. No sale may be made except when the animals to be sold are corralled and have been viewed by the bidders. Any expense incidental to rounding up or bringing the animal or animals to the place of sale is also a proper and an additional charge against the owner. The lienholder may be a bidder at the sale. From the proceeds of the sale , the lienholder shall satisfy his lien, including the additional charges mentioned in this subsection, delivering over the balance, if any, to the owner. If the owner is out of the state or cannot be found, the balance must be deposited with the county treasurer of the county in which the sale was conducted.

    3.  If the balance is not called for by the owner within 6 months [from] after the date of sale, the balance must be paid into the county school district fund.

    4.  The highest bidder at the sale shall immediately pay the amount bid in cash and receive title to the animals sold, subject only to any prior lien appearing of record in the county , [;] but before title vests in the successful bidder there must be [filed] recorded with the recorder of the county in which the sale was held a certificate executed by the person conducting the sale, to which must be attached the publisher’s proof of publication of the notice of sale to foreclose the lien. The certificate must specify:

    (a) The name and address of the buyer.

    (b) That the buyer was the highest bidder.

    (c) The amount bid and paid.

    (d) The kind, color, size, weight, brand, if any, and earmarks, if any, of the animal or animals sold.

    5.  No person requesting or consenting to the furnishing of feed, pasture or board is entitled to assert a lien prior to that provided for in this section.

    6.  This section is intended to supplement existing law and the remedy provided in this section is not exclusive. This section does not deprive the lienholder from resorting to any other legal remedy.


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    Sec. 51.  NRS 108.560 is hereby amended to read as follows:

    108.560  1.  [Whenever] If the bill or claim for pasturage or feed for livestock [shall] in the judgment of the person [or persons] furnishing the pasturage or feed [equal] equals the value of the livestock pastured or fed, and the owner [or owners] of the livestock [shall have] has failed or neglected to pay for the pasturage or feed, the person [or persons] furnishing the pasturage or feed may have the livestock appraised by three competent and disinterested freeholders. If the appraisement does not exceed by 10 percent the amount of the unpaid pasturage or feed bill, upon the [filing] recording of the appraisement with the county recorder of the county in which the livestock is situated, the title to the livestock [shall vest] vests in the person [or persons furnishing such] furnishing the pasturage or feed and he [or they shall have the right to] may sell the livestock, subject to the right of redemption mentioned in subsection 2.

    2.  At any time within 1 year after the [filing] recording of the appraisement, the original owner [or owners] of the livestock [shall have the right to] may redeem the livestock from the possessor thereof by paying or tendering as payment to the possessor the amount of the appraisement together with 25 percent of the appraisement additional as damages. [Should] If payment or tender [not be] is not made by the original owner within 1 year after the [filing] recording of the appraisement , the title of the possessor of the livestock [shall become] is absolute.

    Sec. 52.  NRS 108.610 is hereby amended to read as follows:

    108.610  In order to perfect the lien, the hospital or the owner or operator thereof shall:

    1.  [Prior to] Before the payment of any [moneys] money to the injured person or to his legal representative as compensation for injuries received, [file] record a notice of lien, substantially in the form prescribed in NRS 108.620, containing an itemized statement of the amount claimed. The notice of lien [shall] must be filed with:

    (a) The county recorder of the county wherein the hospital is located; and

    (b) The county recorder of the county wherein the injury was suffered, if the injury was suffered in a county other than that wherein the hospital is located.

    2.  [Prior to] Before the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the person [, firm or corporation] alleged to be responsible for causing the injury and [alleged to be] liable for damages on account thereof and from which damages are claimed.

    3.  [Prior to] Before the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the insurance carrier, if known, which has insured against liability of the person [, firm or corporation] alleged to be responsible for causing the injury and [alleged to be] liable for damages on account thereof and from which damages are claimed.

    Sec. 53.  NRS 111.312 is hereby amended to read as follows:

    111.312  1.  The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, or any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains:


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    (a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and

    (b) The assessor’s parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property. The county recorder is not required to verify that the assessor’s parcel number is correct.

    2.  The county recorder shall not record with respect to real property any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.

    3.  The assessor’s parcel number shall not be deemed to be a complete legal description of the real property conveyed.

    [3.] 4.  Except as otherwise provided in subsection [4,] 5, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.

    [4.] 5.  If a document described in subsection [3] 4 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.

    Sec. 54.  NRS 122.160 is hereby amended to read as follows:

    122.160  1.  Marriages between Indians performed in accordance with tribal customs within closed Indian reservations and Indian colonies have the same validity as marriages performed in any other manner provided for by the laws of this state, if there is [filed] recorded in the county in which the marriage takes place, within 30 days after the performance of the tribal marriage, a certificate declaring the marriage to have been performed.

    2.  The certificate of declaration required to be [filed] recorded by subsection 1 must include the names of the persons married, their ages, social security numbers, tribe, and place and date of marriage. The certificate must be signed by an official of the tribe, reservation or colony.

    3.  The certificate must be [filed] recorded with the recorder of the county in which the marriage was performed and recorded by him without charge.

    Sec. 55.  NRS 123.150 is hereby amended to read as follows:

    123.150  1.  [When] If a married person is a resident of this state, the [filing for record] recording of the inventory of [such] the person’s separate property in the office of the recorder of the county in which [such] the person resides is notice of [such] the person’s title to the [same,] separate property, except as to any real property situate in another county , [;] and as to [such] that real property, the filing for record of the inventory thereof in the office of the recorder of the county where the same is situate, is notice of [such] the person’s title thereto.

    2.  [When] If a married person is not a resident of this state, the [filing for record] recording of the inventory of [such] the person’s separate property in the office of the recorder of the county where any portion of [such] the property, real or personal, included in the inventory is situate, located or used, is notice of [such] the person’s title as to all [such] that property situate, located or used in [such] that county.


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[such] the property, real or personal, included in the inventory is situate, located or used, is notice of [such] the person’s title as to all [such] that property situate, located or used in [such] that county.

    Sec. 56.  NRS 125.220 is hereby amended to read as follows:

    125.220  1.  At any time after the filing of the complaint , the complaining spouse may [file] record a notice of pendency of the action in the office of the county recorder of any county in which the other spouse may have real property. [This] The notice has the same effect as notice in actions directly affecting real property.

    2.  The court may [also] enjoin either spouse from disposing of any property during the pendency of the action.

    Sec. 57.  NRS 234.250 is hereby amended to read as follows:

    234.250  1.  In addition to any other requirement of law, each local government, as defined in NRS 354.474, shall [file a copy of its] record the original official plat with:

    (a) The county recorder, the county clerk or the registrar of voters, and the county assessor of each county in which its territory or any part thereof is situated.

    (b) The department of taxation.

    2.  All changes in boundaries made [subsequent to] after the original [filing and] recording of such plat [shall] must be recorded [and filed] immediately with the offices with which copies of the original plat were filed.

    3.  Until a local government complies with the requirements of subsections 1 and 2 , it shall not levy or receive any ad valorem or other tax or any other mandatory assessment.

    4.  This section applies to all local governments receiving and expending funds on behalf of the public, regardless of their designation.

    Sec. 58.  NRS 266.285 is hereby amended to read as follows:

    266.285  The city council may:

    1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

    2.  Provide for the construction of any facility necessary for the provision of [such] the utility.

    3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be perfected by [filing] recording with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:

    (a) Be] :

    (a) Is coequal with the latest lien thereon to secure the payment of general taxes.

    (b) [Not be] Is not subject to extinguishment by the sale of any property [on account] because of the nonpayment of general taxes.

    (c) [Be] Is prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    Sec. 59.  NRS 266.335 is hereby amended to read as follows:

    266.335  The city council may:

    1.  Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 5 of NRS 202.450, determine by ordinance what shall be deemed nuisances.


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    2.  Provide for the abatement, prevention and removal of [such] the nuisances at the expense of the person creating, causing or committing [such] the nuisances.

    3.  Provide that [such] the expense of removal is a lien upon the property upon which the nuisance is located. [Such] The lien must:

    (a) Be perfected by [filing] recording with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

    (b) Be coequal with the latest lien thereon to secure the payment of general taxes.

    (c) Not be subject to extinguishment by the sale of any property [on account] because of the nonpayment of general taxes.

    (d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    4.  Provide any other penalty or punishment of persons responsible for [such] the nuisances.

    Sec. 60.  NRS 270.090 is hereby amended to read as follows:

    270.090  1.  The findings of fact and conclusions of law and judgment must be made and entered as in other cases, and exceptions, motions for new trial and appeals may be had as provided in NRS and the Nevada Rules of Appellate Procedure.

    2.  The court or judge thereof shall in the findings and decree establish a definite map or plat of the city , or part thereof or addition thereto, in accordance with the pleadings and proof, and shall, by reference, make a part of the findings and judgment the map or plat so established.

    3.  Wherever blocks or parts of blocks in the original lost, destroyed, conflicting, erroneous or faulty maps or plats have been insufficiently or incorrectly platted, numbered or lettered, the omission, insufficiency or fault must be supplied and corrected in accordance with the pleadings and proof.

    4.  If the map or plat prepared by the surveyor is inadequate or impracticable of use for the judgment, the judgment or decree may require the making of a new map or plat in accordance with the provisions of the findings and judgment.

    5.  A certified copy of the judgment, together with [such] the map or plat as is established by the court, must be [filed] recorded in the office of the county recorder of the county in which the action is tried. All the ties and descriptions of section or quarter section corners, monuments or marks required by NRS 270.020 must appear on the map finally established by the judgment. The county recorder may collect and receive as his fees for recording and indexing the certified copy of the judgment and map, $10 for the map, and the specific statutory fees for the judgment, but not exceeding $50.

    6.  The judgment may require that all prior existing maps in conflict with the map or plat adopted be so marked or identified by the county recorder to show the substitution of the new map or plat in place thereof.

    7.  A county recorder who records a map or plat pursuant to this section shall, within 7 working days after he records the map or plat, provide to the county assessor at no charge:

    (a) A duplicate copy of the map or plat and any supporting documents; or

    (b) Access to the digital map or plat and any digital supporting documents.


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    Sec. 61.  NRS 271.325 is hereby amended to read as follows:

    271.325  1.  When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by resolution, make a determination that:

    (a) Public convenience and necessity require the creation of the district; and

    (b) The creation of the district is economically sound and feasible.

This determination may be made part of the ordinance creating the district adopted pursuant to subsection 2 and is conclusive in the absence of fraud or gross abuse of discretion.

    2.  The governing body may, by ordinance, create the district and order the proposed project to be acquired or improved. This ordinance may be adopted and amended as if an emergency existed.

    3.  The ordinance must prescribe:

    (a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.

    (b) The kind and location of each project proposed, without mentioning minor details.

    (c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.

    (d) The character and extent of any construction units.

    4.  The engineer may further revise the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.

    5.  The ordinance, [as amended] if amended, must order the work to be done as provided in this chapter.

    6.  Upon adoption or amendment of the ordinance, the governing body shall cause to be [filed] recorded in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320. Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.

    7.  The governing body may not adopt an ordinance creating or modifying the boundaries of an improvement district for a commercial area vitalization project if the boundaries of the improvement district overlap an existing improvement district created for a commercial area vitalization project.

    Sec. 62.  NRS 274.200 is hereby amended to read as follows:

    274.200  1.  Approval of designated specially benefited zones must be made by the governor by certification of the designating ordinance. The governor shall promptly issue a certificate for each specially benefited zone upon his approval. The certificate must be signed by the governor, must make specific reference to the designating ordinance, which must be attached thereto, and must be filed in the office of the secretary of state. A certified copy of the certificate [, or a duplicate original thereof,] must be [filed] recorded with the county recorder of the county in which the specially benefited zone lies.


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copy of the certificate [, or a duplicate original thereof,] must be [filed] recorded with the county recorder of the county in which the specially benefited zone lies.

    2.  A specially benefited zone is effective upon its certification. The administrator shall transmit a copy of the certification to the department of taxation, the employment security division of the department of employment, training and rehabilitation and to the designating municipality. The terms and provisions of the designating ordinance become effective upon certification of the specially benefited zone, and may not be amended or repealed except as otherwise provided in NRS 274.280.

    3.  Except as otherwise provided in NRS 274.280, the designating ordinance and the certification remain in effect for 20 years, or for a lesser number of years specified in the ordinance, and terminate at midnight of December 31 of the final year of the certified term.

    4.  No more than eight specially benefited zones may be approved by the governor in any year. In any year, the governor may not approve more than three zones located within the same county, whether within its cities or within the unincorporated areas, nor more than three zones in the same city. The governor may approve specially benefited zones in each of the 6 years commencing with 1984. Thereafter, the governor may not approve any additional specially benefited zones, but may amend or rescind certifications of existing zones as provided in NRS 274.280.

    Sec. 63.  NRS 277.140 is hereby amended to read as follows:

    277.140  As conditions precedent to the entry into force of any agreement made pursuant to NRS 277.080 to 277.170, inclusive:

    1.  [Such agreement shall] The agreement must be submitted to the attorney general, who shall determine whether it is in proper form and compatible with the laws of this state. The attorney general shall set forth in detail in writing addressed to the governing bodies of the public agencies concerned any specific respects in which he finds that the proposed agreement fails to [meet] comply with the requirements of law. Failure to disapprove an agreement submitted under the provisions of this section within 30 days after its submission [shall constitute] constitutes approval.

    2.  [Such agreement shall be filed] The agreement must be recorded with the county recorder of each county in which a participating political subdivision of this state is located, and filed with the secretary of state.

    Sec. 64.  NRS 278.0203 is hereby amended to read as follows:

    278.0203  1.  The governing body may, if it finds that the provisions of the agreement are consistent with the master plan, approve the agreement by ordinance.

    2.  Within a reasonable time after approval of the agreement, the clerk of the governing body shall cause the original agreement to be [filed] recorded with the county recorder or the recorder of Carson City . [for recording.] Upon recordation the agreement binds all parties and their successors in interest for the duration of the agreement.

    Sec. 65.  NRS 278.378 is hereby amended to read as follows:

    278.378  1.  A final map presented to the county recorder for [filing] recording must include a certificate by the clerk of the governing body or planning commission, or the director of planning or other authorized person or agency if authorized to take final action by the governing body, stating that the governing body, planning commission, director of planning or other authorized person or agency:


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    (a) Approved the map;

    (b) Accepted or rejected on behalf of the public any parcel of land offered for dedication for public use in conformity with the terms of the offer of dedication; and

    (c) If applicable, determined that a public street, easement or utility easement that will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.

    2.  The director of planning or, if there is no director of planning, the clerk of the governing body shall certify on the final map that it substantially complies with the tentative map and all conditions have been met.

    3.  The clerk of the governing body or planning commission shall cause the approved final map to be presented to the county recorder for [filing.] recording.

    Sec. 66.  NRS 278.460 is hereby amended to read as follows:

    278.460  1.  A county recorder shall not [file for] record any final map unless the map:

    (a) Contains or is accompanied by the report of a title company and all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local ordinance; and

    (b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid and that the full amount of any deferred property taxes for the conversion of the property from agricultural use has been paid pursuant to NRS 361A.265.

    2.  [Nothing contained in] The provisions of NRS 278.010 to 278.630, inclusive, [prevents] do not prevent the recording, pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and any applicable local ordinances, of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, prohibit the [filing] recording of a map in accordance with the provisions of any statute requiring the [filing] recording of professional land surveyor’s records of surveys.

    3.  A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.

    4.  A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:

    (a) A duplicate copy of the final map and any supporting documents; or

    (b) Access to the digital final map and any digital supporting documents.

    Sec. 67.  NRS 279.603 is hereby amended to read as follows:

    279.603  1.  The legislative body shall [file] record with the county recorder of the county in which the redevelopment area is situated a description of the land within the redevelopment area and a statement that proceedings for the redevelopment of that area have been instituted.

    2.  Within 30 days after the adoption by the legislative body of a redevelopment plan which contains a provision for the division of taxes pursuant to NRS 279.676, the clerk of the community shall transmit a copy of the description and statement recorded pursuant to subsection 1, a copy of the ordinance adopting the plan and a map or plat indicating the boundaries of the redevelopment area to:


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ê2001 Statutes of Nevada, Page 1761 (Chapter 370, AB 568)ê

 

    (a) The auditor and tax assessor of the county in which the redevelopment area is located;

    (b) The officer who performs the functions of auditor or assessor for any taxing agency which, in levying or collecting its taxes, does not use the county assessment roll or [does not] collect its taxes through the county; and

    (c) The governing body of each of the taxing agencies which levies taxes upon any property in the redevelopment area.

    Sec. 68.  (Deleted by amendment.)

    Sec. 69.  NRS 309.060 is hereby amended to read as follows:

    309.060  The board of county commissioners shall meet on the second Monday succeeding the election provided for in NRS 309.050 and proceed to canvass the votes and, if upon the canvass it appears that a majority of votes cast were for “Local Improvement District-Yes,” the board, by an order entered upon its minutes, shall declare the territory organized as an improvement district under the name and style theretofore designated, and [shall] declare the persons receiving respectively the highest number of votes for directors to be elected, and [shall] cause a copy of the order and a plat of the district, each certified by the clerk of the board of county commissioners, to be [filed immediately for record] recorded immediately in the office of the county recorder of each county in which any portion of the district is situated, and certified copies thereof must also be [filed] recorded with the county clerks of those counties. Thereafter the organization of the district is complete.

    Sec. 70.  NRS 309.220 is hereby amended to read as follows:

    309.220  1.  Upon the hearing of such petition, the court shall examine all the proceedings sought to be confirmed and may ratify, approve and confirm the [same] petition or any part thereof , [;] and when an apportionment of benefits is examined , all objections thereto, including those made at the hearing before the board, [shall] must be set up in the answer and heard by the court.

    2.  The court shall disregard every error, irregularity or omission which does not affect substantial rights of any party, and if the court [shall find] finds that the apportionment is, as to any substantial matter, erroneous or unjust, the [same shall] apportionment must not be returned to the board, but the court shall proceed to correct the [same] apportionment so as to conform to this chapter and the rights of all parties in the premises, and the final judgment may approve and confirm [such] the proceedings in whole or in part.

    3.  A certified copy of the final judgment [shall] must be filed in the office of the state engineer and recorded in the office of the recorder of the county or counties in which any of the lands within the district are situated. In case of the approval of the organization of the district and the disapproval of the proceedings for issuing bonds, the district may again undertake proceedings for the issuance of bonds and have the [same] bonds confirmed as [herein provided.] provided in this section.

    4.  The cost of the proceedings in court may be allowed and apportioned among the parties thereto in the discretion of the court.

    5.  Any person aggrieved at any decree of confirmation entered by the district court [shall have the right to] may move for a new trial as [now] provided by the Nevada Rules of Civil Procedure and may, within 30 days [from] after the entry of [such] the decree of confirmation, appeal to the supreme court , and all proceedings in the nature of appeals or rehearings


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ê2001 Statutes of Nevada, Page 1762 (Chapter 370, AB 568)ê

 

may be had as in any ordinary civil action, except as [herein expressly provided otherwise.] otherwise provided in this section.

    Sec. 71.  NRS 329.140 is hereby amended to read as follows:

    329.140  Except as otherwise provided in NRS 329.145, a surveyor shall complete, sign and [file] record or cause to be [filed] recorded with the county recorder of the county in which the corner is situated a written record of the establishment or restoration of a public land survey corner. Except as otherwise provided in NRS 329.145, such a [filing] recording must be made for every public land survey corner and accessory to [such] the corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey. The survey information must be [filed] recorded within 90 days after the survey is completed.

    Sec. 72.  NRS 108.630, 247.307 and 247.350 are hereby repealed.

    Sec. 73.  1.  This section and sections 1 to 11, inclusive, 13 to 19, inclusive, 21 to 52, inclusive, 54 to 59, inclusive, 61 to 65, inclusive, 67 and 69 to 72, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 20, 53, 60 and 66 of this act become effective at 12:01 a.m. on July 1, 2001.

    3.  Section 12 of this act becomes effective on July 1, 2003.

________

 

CHAPTER 371, SB 210

Senate Bill No. 210–Committee on Commerce and Labor

 

CHAPTER 371

 

AN ACT relating to utilities; revising provisions governing annual assessments imposed by the public utilities commission of Nevada; revising provisions governing the establishment of the rates of certain utilities; providing that certain accident reports concerning utilities must be open to public inspection; changing the dates for the calculation and payment of assessments by railroads; revising provisions governing the adoption of water conservation and incentive plans by utilities; revising provisions governing the provision of utility services to mobile home parks and company towns to include services from alternative sellers; providing for the acquisition of utility services by mobile home parks from alternative sellers; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.   NRS 704.033 is hereby amended to read as follows:

    704.033  1.  [The] Except as otherwise provided in subsection 6, the commission shall levy and collect an annual assessment from all public utilities , providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the commission.

    2.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, the annual assessment must be:

    (a) For the use of the commission, not more than 3.50 mills; and

    (b) For the use of the consumer’s advocate of the bureau of consumer protection in the office of the attorney general, not more than 0.75 mills, on each dollar of gross operating revenue derived from the intrastate operations of such utilities , providers of discretionary natural gas service and alternative sellers in the State of Nevada .


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ê2001 Statutes of Nevada, Page 1763 (Chapter 371, SB 210)ê

 

on each dollar of gross operating revenue derived from the intrastate operations of such utilities , providers of discretionary natural gas service and alternative sellers in the State of Nevada . [, except that the minimum assessment in any 1 year must be $10.] The total annual assessment must be not more than 4.25 mills.

    3.  [For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2.] The levy for the use of the consumer’s advocate must not be assessed against railroads.

    4.  The minimum assessment in any 1 year must be $100.

    5.  The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:

    (a) Telephone utilities, except as otherwise provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues . [that are considered by the commission for the purpose of establishing rates.]

    (b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.

    (c) All public utilities, providers of discretionary natural gas service and alternative sellers, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility , provider of discretionary natural gas service or alternative seller for resale.

    6.  Providers of commercial mobile radio service are not subject to the annual assessment and, in lieu thereof, shall pay to the commission an annual licensing fee of $200.

    Sec. 2.  NRS 704.035 is hereby amended to read as follows:

    704.035  1.  On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities , providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities , providers of discretionary natural gas service and alternative sellers on file with the commission. The revenue report form serves as notice of the commission’s intent to assess [the utilities,] such entities, but failure to notify any [utility] such entity does not invalidate the assessment with respect thereto.

    2.  Each public utility , provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.

    3.  The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of discretionary natural gas service or alternative seller be paid quarterly on July 1, October 1, January 1 and April 1.

    4.  The assessment computed by the utility , provider of discretionary natural gas service or alternative seller is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.

    5.  Any public utility , provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.


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ê2001 Statutes of Nevada, Page 1764 (Chapter 371, SB 210)ê

 

thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.

    6.  When a public utility , provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or , if applicable, its certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection , the jurisdiction of the commission over the selling, transferring or conveying public utility , provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.

    7.  The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.

    8.  The commission shall, on a quarterly basis, transfer to the account for the consumer’s advocate of the bureau of consumer protection in the office of the attorney general that portion of the assessments collected which belongs to the consumer’s advocate.

    Sec. 3.  NRS 704.095 is hereby amended to read as follows:

    704.095  The commission shall adopt regulations which provide a simplified procedure or methodology for a change of rates for those public utilities which furnish water or services for the disposal of sewage, or both, to persons within this state for compensation, and which:

    1.  Serve 3,000 or fewer persons; and

    2.  Had during the immediately preceding 12-month period gross sales for water or services for the disposal of sewage, or both, amounting to $1,000,000 or less.

    Sec. 4.  NRS 704.190 is hereby amended to read as follows:

    704.190  1.  Every public utility operating in this state shall, whenever an accident occurs in the conduct of its operation causing death, give prompt notice thereof to the commission, in such manner and within such time as the commission may prescribe. If , in its judgment , the public interest requires it, the commission may cause an investigation to be made forthwith of any accident, at such place and in such manner as the commission deems best.

    2.  Every such public utility shall report to the commission, at the time, in the manner and on such forms as the commission by its printed rules and regulations prescribes, all accidents happening in this state and occurring in, on or about the premises, plant, instrumentality or facility used by any such utility in the conduct of its business.

    3.  The commission shall adopt all reasonable rules and regulations necessary for the administration and enforcement of this section. The rules and regulations must [in any event] require that all accidents required to be reported pursuant to this section be reported to the commission at least once every calendar month by such officer or officers of the utility as the commission directs.

    4.  The commission shall adopt and utilize all accident report forms, which [forms] must be so designed as to provide a concise and accurate report of the accident . [and which]  The report must [in any event] show the true cause of the accident. The accident report forms adopted for the reporting of railroad accidents must  , as near as practicable, be the same in design as [near as may be as] the railroad accident report forms provided and used by the Surface Transportation Board.


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ê2001 Statutes of Nevada, Page 1765 (Chapter 371, SB 210)ê

 

    5.  If any accident is reported to the commission [is reported] by the utility as being caused by or through the negligence of an employee and thereafter the employee is absolved from such negligence by the utility and found not to be responsible for the accident, that fact must be reported by the utility to the commission.

    6.  [All accident reports] Each accident report required to be made by a public utility pursuant to this section must be filed in the office of the commission and there preserved. [Notwithstanding any other provisions of law, neither any] Each accident report [made as] required to be made by a public utility pursuant to this chapter [, nor any report of] and each report made by the commission [made] pursuant to its investigation of any accident [investigation made by it , may] :

    (a) Except as otherwise provided in subsection 2 of NRS 703.190, must be open to public inspection [or disclosed to any person, except upon order of the commission, nor may either or any of the reports, or any portion thereof,] ; and

    (b) Notwithstanding any specific statute to the contrary, must not, in whole or in part, be admitted as evidence or used for any purpose in any suit or action for damages [growing] arising out of any matter mentioned in [the] :

         (1) The accident report required to be made by the public utility; or

         (2) The report [of any such] made by the commission pursuant to its investigation.

    Sec. 5.  NRS 704.309 is hereby amended to read as follows:

    704.309  1.  The commission shall levy and collect an annual assessment from each railroad subject to the jurisdiction of the commission that transports cargo into, out of or through this state to support the activities of the commission relating to railroad safety.

    2.  The annual assessment levied on railroads:

    (a) Must be equal to the costs incurred by the commission that are not offset by the fees paid pursuant to NRS 459.512.

    (b) Must be not more than 1 cent per ton of cargo transported by the railroads into, out of or through this state during the immediately preceding calendar year.

    3.  On or before [August] September 1 of each year, the commission shall:

    (a) Calculate the amount of the assessment to be levied pursuant to this section for the previous fiscal year; and

    (b) Mail to each railroad subject to the provisions of this section to the current address of the railroad on file with the commission a notice indicating the amount of the assessment. The failure of the commission to so notify a railroad does not invalidate the assessment.

    4.  An assessment levied pursuant to this section is due on or before [October] November 1 of each year. Each railroad that is subject to the provisions of this section which fails to pay the assessment on or before [November] December 1, shall pay, in addition to the assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent or $10, whichever is greater, except that no penalty may exceed $1,000 for each delinquent payment.

    5.  If a railroad sells or transfers its certificate of public convenience and necessity or sells or transfers substantially all of its assets, the commission shall calculate, levy and collect the accrued assessment for the current year not later than 30 days after the sale or transfer, unless the purchaser or transferee has assumed liability for the assessment.


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ê2001 Statutes of Nevada, Page 1766 (Chapter 371, SB 210)ê

 

not later than 30 days after the sale or transfer, unless the purchaser or transferee has assumed liability for the assessment. For the purposes of this subsection, the jurisdiction of the commission over the sale or transfer of a railroad continues until the assessment of the railroad has been paid.

    6.  The commission may bring an appropriate action in its own name for the collection of any assessment and penalty that is not paid pursuant to this section.

    Sec. 6.  NRS 704.662 is hereby amended to read as follows:

    704.662  1.  Except as otherwise provided in subsection 5, each public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes shall adopt a plan of water conservation based on the climate and the living conditions in its service area in accordance with the provisions of NRS 704.6622. The provisions of the plan must only apply to the public utility’s property and its customers.

    2.  As part of the procedure of adopting a plan, the public utility shall provide an opportunity for any interested party, including, but not limited to, any private or public entity that supplies water for municipal, industrial or domestic purposes, to submit written views and recommendations on the plan.

    3.  Except as otherwise provided in subsection 6, the plan:

    (a) Must be available for inspection by members of the public during office hours at the office of the public utility; and

    (b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be filed with the commission and made available for inspection by members of the public within 30 days after its adoption.

    4.  [The plan must be submitted to the commission on or before July 1, 1992. The commission shall review the plan for compliance with this section within 30 days after its submission.] The plan must be approved by the commission before it is put into effect.

    5.  In lieu of adopting a plan pursuant to subsection 1, a public utility which is subject to the provisions of NRS 704.095 may elect to comply with a plan of water conservation adopted by the commission for this purpose.

    6.  If the public utility is required by order of the commission to file a management plan for water resources, the public utility may adopt and file the plan of water conservation with the commission at the same time it is required to file the management plan for water resources.

    Sec. 7.  NRS 704.6624 is hereby amended to read as follows:

    704.6624  1.  Each public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes shall [, on or before July 1, 1992,] adopt a plan to provide incentives:

    (a) To encourage water conservation in its service area;

    (b) To retrofit existing structures with plumbing fixtures designed to conserve the use of water; and

    (c) For the installation of landscaping that uses a minimal amount of water.

    2.  As part of the procedure of adopting a plan, the public utility shall provide an opportunity for any interested person to submit written views and recommendations on the plan.

    3.  The plan:

    (a) Must be available for inspection by members of the public during office hours at the office of the public utility; and


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ê2001 Statutes of Nevada, Page 1767 (Chapter 371, SB 210)ê

 

    (b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be filed with the commission and made available for inspection by members of the public within 30 days after its adoption.

    4.  The commission shall review the plan for compliance with this section within 30 days after its submission. The plan must be approved by the commission before it is put into effect.

    Sec. 8.  NRS 704.905 is hereby amended to read as follows:

    704.905  As used in NRS [704.910] 704.905 to 704.960, inclusive:

    1.  “Alternative seller” has the meaning ascribed to it in NRS 704.994.

    2.  “Company town” means a community whose primary purpose is to provide housing to employees of a person who owns not less than 70 percent of the dwellings, and may include commercial or other supporting establishments.

    [2.] 3.  “Dwelling” includes a commercial or other supporting establishment.

    [3.] 4.  “Utility” includes a public utility and all city, county or other governmental entities which provide electric, gas or water service to a mobile home park or a company town.

    Sec. 9.  NRS 704.910 is hereby amended to read as follows:

    704.910  1.  The provisions of NRS 704.910 to 704.960, inclusive, apply to mobile home parks governed by the provisions of chapters 118B and 461A of NRS, utilities and alternative sellers which provide utility service to those parks and landlords who operate those parks.

    2.  A utility or an alternative seller which provides gas, water or electricity to any landlord exclusively for distribution or resale to tenants residing in mobile homes or for the landlord’s residential use shall not charge the landlord for those services at a rate higher than the current rates offered by the utility or alternative seller, as appropriate, to its residential customers.

    Sec. 10.  NRS 704.920 is hereby amended to read as follows:

    704.920  1.  The provisions of NRS 704.920 to 704.960, inclusive, apply to company towns, utilities and alternative sellers which provide utility services to company towns, and persons who own and operate company towns.

    2.  The commission shall require a public utility or an alternative seller, as appropriate, which provides [service] utility services to a mobile home park or to a company town, or an independent person who is qualified, to conduct examinations to examine and test the lines and equipment for distributing electricity and gas within the park or town at the request of the manufactured housing division of the department of business and industry or a city or county which has responsibility for the enforcement of the provisions of chapter 461A of NRS. The utility [,] or alternative seller, the person selected to conduct the examination and the commission may enter a mobile home park or company town at reasonable times to examine and test the lines and equipment, whether or not they are owned by a utility [.] or an alternative seller.

    3.  The utility or alternative seller, as appropriate, or the person selected to conduct the examination , shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards adopted by the commission for the maintenance, use and operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the commission.


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ê2001 Statutes of Nevada, Page 1768 (Chapter 371, SB 210)ê

 

operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the commission.

    4.  The owner of the mobile home park or company town shall pay for the costs of the examination and testing.

    5.  If the landlord of a mobile home park or owner of a company town refuses to allow the examination and testing to be made as provided in this section, the commission shall deem the unexamined lines and equipment to be unsafe for service.

    6.  If the commission finds:

    (a) Or deems any lines or equipment within a mobile home park or company town to be unsafe for service, it shall take appropriate action to protect the safety of the residents of the park or town.

    (b) Such lines or equipment to be unsafe for service or otherwise not in compliance with its safety standards, it may, after a hearing, order the landlord or owner to repair or replace such lines and equipment. For this purpose [he] , the landlord or owner may expend some or all of the money in his account for service charges for utilities, which he is required to keep under NRS 704.940.

    Sec. 11.  NRS 704.930 is hereby amended to read as follows:

    704.930  If a utility [furnishes] or an alternative seller provides a utility service to a mobile home park or company town and the landlord of the park or owner of the town charges his tenants or the occupants of his dwellings for that service, [he] the landlord or owner shall:

    1.  Provide that service to his tenants or the occupants of his dwellings in a manner which is consistent with the utility’s tariffs on file with the commission , if applicable, and any law, ordinance or governmental regulation relating to the provision of [those services.] that service. The landlord or owner of the town shall not interrupt such a service for nonpayment of charges unless the interruption is performed in a manner which is consistent with the utility’s tariffs on file with the commission , if applicable, and any law, ordinance or governmental regulation relating to the manner of interrupting such a service for nonpayment of charges.

    2.  Not more than 5 days after he receives notice of a proposed increase in the [utility’s rates,] rates of the utility service, give notice to his tenants or those occupants of the proposed increase.

    Sec. 12.  NRS 704.940 is hereby amended to read as follows:

    704.940  1.  In a mobile home park or company town where the landlord or owner is billed by a gas or electric utility or an alternative seller and in turn charges the tenants or occupants of the dwellings for the service provided by the utility [,] or alternative seller, and the park or town:

    (a) Is equipped with individual meters for each lot, the landlord or owner shall not charge a tenant or occupant for that service at a rate higher than the rate paid by the landlord or owner.

    (b) Is not equipped with individual meters for each lot, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.

    2.  In a mobile home park or company town that:

    (a) Is equipped with individual water meters for each lot, the individual meters must be read and billed by the purveyor of the water.


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ê2001 Statutes of Nevada, Page 1769 (Chapter 371, SB 210)ê

 

    (b) Is not equipped with individual water meters for each lot and the landlord or owner is billed by the purveyor of the water and in turn charges the tenants or occupants of the dwellings for the service provided by the purveyor, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.

The landlord or owner of a mobile home park that converts from a master-metered water system to individual water meters for each mobile home lot shall not charge or receive any fee, surcharge or rent increase to recover from his tenants the costs of the conversion. The owner of a company town that is not equipped with individual water meters shall not convert from the master-metered water system to individual water meters.

    3.  To the extent that the cost of providing a utility service to the common area of a mobile home park or company town can be identified, the landlord or owner may not recover the cost of [service provided by] the utility service provided to the common area by directly charging a tenant or the occupant of a dwelling for those services.

    4.  The landlord of a mobile home park or owner of a company town may assess and collect a charge to reimburse him for the actual cost of the service charge he is required to pay to a water utility serving the park or town. If he collects such a charge, he shall prorate the actual cost of the service charge to the tenants or occupants of dwellings who use the service. He shall not collect more than the aggregate cost of the service to him.

    5.  The landlord may assess and collect a service charge [for gas and electric utilities] from the tenants of the park [,] for the provision of gas and electric utility services, but the amount of the charge must not be more than the tenants would be required to pay the [serving utility.] utility or alternative seller providing the service. The landlord shall:

    (a) Keep the money from the service charges in a separate account and expend it only for federal income taxes which must be paid as a result of the collection of the service charge, for preventive maintenance or for repairing or replacing utility lines or equipment when ordered or granted permission to do so by the commission; and

    (b) Retain for at least 3 years a complete record of all deposits and withdrawals of money from the account and file the record with the commission on or before March 30 of each year.

    6.  Money collected by the landlord or owner for service provided by a utility or an alternative seller to the tenants of a mobile home park or occupants of the dwellings may not be used to maintain, repair or replace utility lines or equipment serving the common area of the mobile home park or company town.

    7.  The owner of a company town who provides a utility service directly to the occupants of the town may charge the occupants their pro rata share of his cost of providing that service. Where meters are available, the pro rata share must be based on meter readings. Where meters are not available, the owner shall determine a fair allocation which must be explained in detail to the commission in the reports required by NRS 704.960. The commission may modify the allocation in accordance with its regulations if it determines the owner’s method not to be fair. The commission shall adopt regulations governing the determination of the costs which an owner of a company town may recover for providing a utility service directly to the occupants of that town and the terms and conditions governing the provision of that service.


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ê2001 Statutes of Nevada, Page 1770 (Chapter 371, SB 210)ê

 

may recover for providing a utility service directly to the occupants of that town and the terms and conditions governing the provision of that service.

    8.  The landlord or owner shall itemize all charges for [utilities] utility services on all bills for rent or occupancy. [He] The landlord or owner may pass through to the tenant or occupant any increase in a rate for a utility service and shall pass through any decrease in a charge for a utility service as it becomes effective.

    9.  The landlord or owner shall retain for at least 3 years a copy of all billings for [utilities] utility services made to his tenants or the occupants of his dwellings and shall make these records available upon request to the commission for verification of charges made for [utilities.] utility services.

    10.  A landlord whose interest in a mobile home park terminates for any reason shall transfer to his successor in interest any balance remaining in the account for service charges for utilities. Evidence of the transfer must be filed with the commission.

    11.  The commission may at any time examine all books and records which relate to the landlord’s or owner’s purchase of or billing for a service provided by a utility or an alternative seller if he is charging the tenants of the mobile home park or occupants of the dwellings for that service.

    Sec. 13.  NRS 461A.230 is hereby amended to read as follows:

    461A.230  1.  Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from [the] a utility or an alternative seller to each lot if those services are available.

    2.  Each mobile home park constructed after October 1, 1989, must provide direct:

    (a) Electrical and gas service from a public utility or an alternative seller, or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.

    (b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of NRS 704.230 notwithstanding, to the park if that service is available.

    3.  In a county whose population is 400,000 or more, each mobile home park constructed after October 1, 1995, must provide direct water service, as provided in paragraph (b) of subsection 2, that is connected to individual meters for each lot. The individual meters must be installed in compliance with any uniform design and construction standards adopted by the public utility or city, county or other governmental entity which provides water service in the county.

    4.  As used in this section, “alternative seller” has the meaning ascribed to it in NRS 704.994.

    Sec. 14.  1.  This section and section 5 of this act become effective on July 1, 2001.

    2.  Sections 1 to 4, inclusive, and 6 to 13, inclusive, of this act become effective on October 1, 2001.

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ê2001 Statutes of Nevada, Page 1771ê

 

CHAPTER 372, SB 245

Senate Bill No. 245–Senator Mathews

 

CHAPTER 372

 

AN ACT relating to professions; requiring interpreters for persons who are deaf or whose hearing is impaired to be certified; prescribing the requirements for certification; requiring the commission on professional standards in education to adopt regulations that require certain teachers and other educational personnel to satisfy the requirements for certification as an interpreter; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.

    Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Interpreter” means a person who is qualified to engage in the practice of interpreting in this state pursuant to section 9 of this act.

    Sec. 4.  “Person who is deaf” means a person who is not able to process information aurally and whose primary means of communication is visual.

    Sec. 5.  “Person whose hearing is impaired” means a person:

    1.  Who has a hearing deficit;

    2.  Who is able to process information aurally with or without the use of a hearing aid or any other device that enhances the ability of a person to hear; and

    3.  Whose primary means of communication may be visual.

    Sec. 6.  “Practice of interpreting” means the facilitation of communication between persons who are deaf or whose hearing is impaired and other persons. The term includes, without limitation:

    1.  Translating spoken language into American Sign Language or any other visual-gestural system of communication or vice versa;

    2.  Translating spoken language into a tactile method of sign language or vice versa;

    3.  Translating spoken language into an oral interpretation of the speaker’s words by enunciating, repeating or rephrasing those words without using the voice to assist a person who is deaf or whose hearing is impaired in lipreading the information conveyed by the speaker;

    4.  Translating spoken language into a visual representation of spoken language that:

    (a) Uses eight hand shapes to represent groups of consonants and the placement of those hand shapes in four positions around the face to indicate groups of vowel sounds; and

    (b) Is used in conjunction with lipreading;

    5.  Translating spoken English into a system of sign language that is based on the syntax of the English language or vice versa; and


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    6.  The use of any of the methods of interpreting or transliterating set forth in subsections 1 to 5, inclusive, by a person who is deaf or whose hearing is impaired to facilitate communication between another person who is deaf or whose hearing is impaired and an interpreter, or between two or more persons who are deaf or whose hearing is impaired.

    Sec. 7.  The practice of interpreting is hereby declared to be a learned profession, affecting public health, safety and welfare, and is subject to regulation to protect the general public from the practice of interpreting by unqualified persons.

    Sec. 8.  The provisions of this chapter do not apply to a person who:

    1.  Is licensed in another state to engage in the practice of interpreting and who engages in the practice of interpreting in this state:

    (a) For a period of not more than 30 nonconsecutive days in a calendar year; or

    (b) By teleconference if the interpreting services provided by that person are necessary because an interpreter is unavailable to provide those services in person or by teleconference;

    2.  Engages in the practice of interpreting solely for meetings of nonprofit civic or religious organizations;

    3.  Engages in the practice of interpreting as necessary for the provision of an emergency medical or governmental service to a person who is deaf or whose hearing is impaired; or

    4.  Engages occasionally in the practice of interpreting in a social situation that does not require a qualified interpreter pursuant to the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, or the regulations adopted pursuant to those provisions.

    Sec. 9.  1.  Except as otherwise provided in this section, a person who wishes to engage in the practice of interpreting in this state must:

    (a) Be at least 18 years of age;

    (b) Have at least a high school diploma or a general equivalency diploma;

    (c) Be capable of providing the type of interpreting services required for the person who is deaf or whose hearing is impaired; and

    (d) Have:

         (1) Been issued at least one of the following certificates by the Registry of Interpreters for the Deaf or its successor organization:

             (I) Master Comprehensive Skills Certificate;

             (II) Comprehensive Skills Certificate;

             (III) Certificate of Interpretation;

             (IV) Certificate of Transliteration;

             (V) Legal Specialist Certificate; or

             (VI) Oral Interpreting Certificate;

         (2) Been certified by the National Association of the Deaf or its successor organization as having a level of proficiency in providing interpreting services at level 3, 4 or 5; or

         (3) Passed the Cued Language Transliterator National Certification Examination administered by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization and must hold a Transliteration Skills Certificate issued by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization.


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    2.  A person who wishes to engage in the practice of interpreting in this state in a legal setting must comply with the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 and must:

    (a) Have been issued at least one of the certificates set forth in subparagraph (1) of paragraph (d) of subsection 1;

    (b) Have been certified by the National Association of the Deaf or its successor organization as having a level of proficiency in providing interpreting services at level 4 or 5; or

    (c) Have passed the Cued Language Transliterator National Certification Examination administered by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization and must hold a Transliteration Skills Certificate issued by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization.

    3.  Except as otherwise provided in subsection 4, a person, including, without limitation, a teacher and a teacher’s aide, who wishes to engage in the practice of interpreting in this state in a public school, including, without limitation, a charter school, or a private school must comply with the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 and must:

    (a) Comply with the requirements set forth in paragraph (d) of subsection 1; or

    (b) Have completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital or its successor organization and received a rating of his level of proficiency in providing interpreting services at level 4 or 5.

    4.  A person who has not complied with the requirements set forth in paragraph (a) or (b) of subsection 3 may engage in the practice of interpreting in a public school, including, without limitation, a charter school, or a private school for not more than 3 years if:

    (a) There is a demonstrated shortage of personnel who have complied with those requirements in the geographic area of this state in which the public school or private school is located;

    (b) The school district, charter school or private school that hires a person pursuant to this subsection has made and continues to make a good faith effort to recruit and hire persons who have complied with the requirements set forth in paragraph (a) or (b) of subsection 3;

    (c) The shortage of personnel described in paragraph (a) has precluded the school district, charter school or private school from employing the number of persons who have complied with the requirements set forth in paragraph (a) or (b) of subsection 3 as is necessary to satisfy the personnel requirements of the school district, charter school or private school; and

    (d) The person hired by the school district, charter school or private school pursuant to this subsection makes satisfactory progress, as determined by the school district, charter school or private school, toward complying with the requirements set forth in paragraph (a) or (b) of subsection 3 during the period of his employment.

    5.  As used in this section:

    (a) “Charter school” has the meaning ascribed to it in NRS 385.007.

    (b) “Legal setting” means:

         (1) A communication with a law enforcement officer, as defined in NRS 179B.070, that relates to a criminal investigation;


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         (2) A communication with an attorney who is acting in his professional capacity;

         (3) A negotiation for a contract for which the estimated amount required to perform the contract is $1,000 or more; or

         (4) A judicial proceeding, including, without limitation:

             (I) A grand jury proceeding;

             (II) A court proceeding;

             (III) A pretrial examination, deposition, motion and related proceedings of like character; and

             (IV) The proceedings of an administrative agency.

    (c) “Public school” has the meaning ascribed to it in NRS 385.007.

    (d) “Private school” has the meaning ascribed to it in NRS 394.103.

    Sec. 10.  1.  It is unlawful for a person to:

    (a) Engage in the practice of interpreting in this state;

    (b) Hold himself out as certified or qualified to engage in the practice of interpreting in this state; or

    (c) Use in connection with his name any title, words, letters or other designation intended to imply or designate that he is an interpreter,

without first complying with the requirements set forth in section 9 of this act.

    2.  A person who violates the provisions of subsection 1:

    (a) Is guilty of a misdemeanor; and

    (b) May be assessed a civil penalty of not more than $5,000.

    3.  An action for the enforcement of a civil penalty assessed pursuant to this section may be brought in any court of competent jurisdiction by the district attorney of the appropriate county or the attorney general.

    Sec. 11.  NRS 50.050 is hereby amended to read as follows:

    50.050  1.  As used in NRS 50.050 to 50.053, inclusive, unless the context requires otherwise:

    (a) [“Handicapped person” means a person who, because he is deaf, mute or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.

    (b)] “Interpreter” means a person who is [readily] :

         (1) Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and

         (2) Readily able to communicate with [the handicapped person,] a person with a disability, translate the proceedings for him , and accurately repeat and translate the statements of the [handicapped] person with a disability to the court or magistrate or other person presiding over the proceedings.

    (b) “Person with a disability” means a person who, because he is deaf, mute or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.

    2.  In all judicial proceedings in which a [handicapped] person with a disability appears as a witness, the court, magistrate or other person presiding over the proceedings shall appoint an interpreter to interpret the proceedings to [the handicapped] that person and to interpret the testimony of [the handicapped] that person to the court, magistrate or other person presiding.

    3.  The court, magistrate or other person presiding over the proceedings shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to this section. If the judicial proceeding is civil in nature , the compensation of the interpreter may be taxed as costs and must not be charged as a public expense.


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civil in nature , the compensation of the interpreter may be taxed as costs and must not be charged as a public expense.

    4.  Claims against a county, municipality, [the] this state or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the qualified interpreter has performed the services required and incurred the expenses claimed.

    Sec. 12.  NRS 50.051 is hereby amended to read as follows:

    50.051  An interpreter must be appointed at public expense for a [handicapped] person with a disability who is a party to or a witness in a criminal proceeding.

    Sec. 13.  NRS 50.052 is hereby amended to read as follows:

    50.052  1.  If an interpreter appointed for a [handicapped] person with a disability is not effectively or accurately communicating with or on behalf of the [handicapped person,] person with a disability, and that fact becomes known to the person who appointed him, another interpreter must be appointed.

    2.  Unless otherwise agreed upon by the parties, a person may not be appointed as an interpreter of a [handicapped] person with a disability in a proceeding if he is:

    (a) The spouse of the [handicapped] person with a disability or related to him; or

    (b) Otherwise interested in the outcome of the proceeding or biased for or against one of the parties.

    3.  Whenever possible, a [handicapped] person with a disability must be given an interpreter of his [own] choice or one of whom he approves.

    Sec. 14.  NRS 50.053 is hereby amended to read as follows:

    50.053  1.  Before undertaking his duties, the interpreter shall swear or affirm that he will make a true interpretation in an understandable manner to the person for whom he has been appointed, and that he will repeat the statements of the [handicapped] person with a disability in the English language to the best of his ability.

    2.  While in the proper performance of his duties, an interpreter acts in the place of the [handicapped] person with a disability and to that extent has all of the rights and privileges of [the handicapped] that person for purposes of the proceeding, including access to all relevant material.

    Sec. 15.  NRS 50.054 is hereby amended to read as follows:

    50.054  1.  Except as otherwise provided by a regulation of the court administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not act as an interpreter in a proceeding if he is:

    (a) The spouse of a witness;

    (b) Otherwise related to a witness;

    (c) Biased for or against one of the parties; or

    (d) Otherwise interested in the outcome of the proceeding.

    2.  Before undertaking his duties, the interpreter shall swear or affirm that he will:

    (a) To the best of his ability, translate accurately to the witness, in the language of the witness, questions and statements addressed to the witness;


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    (b) Make a true interpretation of the statements of the witness in an understandable manner; and

    (c) Repeat the statements of the witness in the English language to the best of his ability.

    3.  While in the proper performance of his duties, an interpreter has the same rights and privileges as the witness, including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the witness.

    4.  As used in this section, “interpreter” means a person who is readily able to communicate with a person who speaks a language other than English and does not know the English language, translate the proceedings for him and accurately repeat and translate the statements of the person in a language other than English to the court, magistrate or other person presiding. The term does not include an interpreter for [handicapped persons] a person with a disability as that term is defined in NRS 50.050.

    Sec. 16.  NRS 171.1536 is hereby amended to read as follows:

    171.1536  Upon the arrest of a [handicapped] person with a disability as defined in NRS 50.050, and before his interrogation or the taking of his statement, the peace officer in actual charge of the station, headquarters or other facility to which the [handicapped] person with a disability has been brought shall make an interpreter who is qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act available at public expense to [the handicapped] that person, subject to the provisions of NRS 50.052 and 50.053.

    Sec. 17.  NRS 171.1537 is hereby amended to read as follows:

    171.1537  When a [handicapped] person with a disability is detained in custody, the detaining authority shall make available to him reasonable means of communication, at least pencil and paper , and at least two envelopes and first-class postage stamps. If the [handicapped] person with a disability so requests, the proper officer of the detaining authority shall make on his behalf the same number and kind of telephone calls which a person arrested is [permitted] authorized by law or custom to make for himself, and shall mail any letters written by [the handicapped] that person.

    Sec. 18.  NRS 171.1538 is hereby amended to read as follows:

    171.1538  1.  The rights to interpretation and communication provided in NRS 171.1536 and 171.1537 may not be waived except knowingly and voluntarily by the [handicapped] person with a disability by a written statement indicating his desire not to be so assisted. At any time [from arrest to] after arrest but before the termination of any custody, the [handicapped] person may retract his waiver by indicating his desire to be so assisted.

    2.  Unless there is a waiver under this section, there [shall] must be no interrogation or taking of the statement of a [handicapped] person with a disability without the assistance of an interpreter who is qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act.

    Sec. 19.  NRS 213.055 is hereby amended to read as follows:

    213.055  An applicant or a witness at a hearing upon an application for clemency who is a [handicapped] person with a disability as defined in NRS 50.050 is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :


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ê2001 Statutes of Nevada, Page 1777 (Chapter 372, SB 245)ê

 

    1.  Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and

    2.  Appointed by the governor or a member of the board designated by him.

    Sec. 20.  NRS 213.128 is hereby amended to read as follows:

    213.128  A prisoner, parolee or a witness at the hearing of a case who is a [handicapped] person with a disability as defined in NRS 50.050 is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :

    1.  Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and

    2.  Appointed by the chairman of the board or other person who presides at the hearing.

    Sec. 21.  NRS 233B.1235 is hereby amended to read as follows:

    233B.1235  A witness during his testimony at a hearing of a contested case, who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :

    1.  Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and

    2.  Appointed by the person who presides at the hearing.

    Sec. 22.  NRS 391.019 is hereby amended to read as follows:

    391.019  1.  Except as otherwise provided in NRS 391.027, the commission:

    (a) Shall adopt regulations:

         (1) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of such licenses.

         (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

         (3) Requiring teachers to obtain from the department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

         (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

         (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language [.] , including, without limitation, being qualified to engage in the practice of interpreting pursuant to subsection 3 of section 9 of this act.

         (6) Except as otherwise authorized by subsection 4 of section 9 of this act, requiring teachers and other educational personnel to satisfy the qualifications set forth in subsection 3 of section 9 of this act if they:

             (I) Provide instruction or other educational services; and

             (II) Concurrently engage in the practice of interpreting, as defined in section 6 of this act.

    (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

    2.  Any regulation which increases the amount of education, training or experience required for licensing:

    (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.


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ê2001 Statutes of Nevada, Page 1778 (Chapter 372, SB 245)ê

 

    (b) Must not become effective until at least 1 year after the date it is adopted by the commission.

    (c) Is not applicable to a license in effect on the date the regulation becomes effective.

    Sec. 23.  NRS 391.31925 is hereby amended to read as follows:

    391.31925  The licensed employee or a witness at a hearing under NRS 391.311 to 391.3196, inclusive, who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :

    1.  Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and

    2.  Appointed by the hearing officer.

    Sec. 24.  NRS 396.324 is hereby amended to read as follows:

    396.324  The person who is the subject of a disciplinary hearing under this chapter or who is a witness at that hearing, and who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :

    1.  Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and

    2.  Appointed by the person who presides at the hearing.

    Sec. 25.  NRS 422.278 is hereby amended to read as follows:

    422.278  Any person who is:

    1.  The subject of a hearing conducted under the authority of the welfare division or the division of health care financing and policy; or

    2.  A witness at that hearing,

and who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act and must be appointed by the person who presides at the hearing.

    Sec. 26.  NRS 463.342 is hereby amended to read as follows:

    463.342  Any person who is the subject of a hearing conducted under the provisions of this chapter, or who is a witness at that hearing, and who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :

    1.  Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and

    2.  Appointed by the person who presides at the hearing.

    Sec. 27.  NRS 608.0116 is hereby amended to read as follows:

    608.0116  “Professional” means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS [.] and sections 2 to 10, inclusive, of this act.

    Sec. 28.  NRS 615.200 is hereby amended to read as follows:

    615.200  The bureau may:

    1.  Enter into reciprocal agreements with other states , [(] which, for this purpose, may include the District of Columbia, Puerto Rico, the Virgin Islands and Guam , [)] to provide for the vocational rehabilitation of individuals within the states concerned;


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ê2001 Statutes of Nevada, Page 1779 (Chapter 372, SB 245)ê

 

Islands and Guam , [)] to provide for the vocational rehabilitation of individuals within the states concerned;

    2.  Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;

    3.  Operate facilities for carrying out the purposes of this chapter;

    4.  In matters relating to vocational rehabilitation:

    (a) Conduct research, studies, investigations and demonstrations and make reports;

    (b) Provide training and instruction , [(] including , without limitation, the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary ; [);]

    (c) Disseminate information; and

    (d) Render technical assistance;

    5.  Provide for the establishment, supervision, management and control of small business enterprises to be operated by severely handicapped persons where their operation will be improved through the management and supervision of the bureau; and

    6.  Maintain a list of persons who are qualified to engage in the practice of interpreting in this state pursuant to section 9 of this act to serve as interpreters for handicapped persons and shall make any such list available without charge to persons who request it.

    Sec. 28.5.  On or before July 1, 2005, the Commission on Professional Standards in Education shall adopt regulations pursuant to the amendatory provisions of section 22 of this act.

    Sec. 29.  Notwithstanding the provisions of sections 2 to 31, inclusive, of this act, a person who engages in the practice of interpreting in this state is not required to comply with the provisions of section 9 of this act before July 1, 2005.

    Sec. 30.  The provisions of section 10 of this act do not apply to offenses committed before July 1, 2005.

    Sec. 31.  1.  This section and sections 1 to 9, inclusive, and 27 to 30, inclusive, of this act become effective on July 1, 2003.

    2.  Sections 10 to 26, inclusive, of this act become effective on July 1, 2005.

________

 


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ê2001 Statutes of Nevada, Page 1780ê

 

CHAPTER 373, SB 301

Senate Bill No. 301–Committee on Judiciary

 

CHAPTER 373

 

AN ACT relating to professions; revising the provisions governing the formation and operation of a professional corporation or association by certain multiple disciplines; authorizing the state board of architecture, interior design and residential design to accept satisfactory evidence of registration as an interior designer in another jurisdiction under certain circumstances; repealing certain provisions governing a member of the board who is a residential designer or registered interior designer; providing that a certificate of registration issued to an architect, registered interior designer or residential designer must be renewed annually; revising the qualifications to apply for registration as an architect or registered interior designer; revising the circumstances under which a residential designer may engage in practice as a registered interior designer; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 89.040 is hereby amended to read as follows:

    89.040  1.  One or more persons may organize a professional corporation in the manner provided for organizing a private corporation pursuant to chapter 78 of NRS. Each person organizing the corporation must, except as otherwise provided in subsection 2 of NRS 89.050, be authorized to perform the professional service for which the corporation is organized. The articles of incorporation must contain the following additional information:

    (a) The profession to be practiced by means of the professional corporation.

    (b) The names and post office [box] boxes or street addresses, either residence or business, of the original stockholders and directors of the professional corporation.

    (c) [A] Except as otherwise provided in paragraph (d) of this subsection, a certificate from the regulating board of the profession to be practiced showing that each of the directors, and each of the stockholders who is a natural person, is licensed to practice the profession.

    (d) For a professional corporation organized pursuant to this chapter and practicing pursuant to the provisions of NRS 623.349, a certificate from the regulating board or boards of the profession or professions to be practiced showing that control and two-thirds ownership of the corporation is held by persons registered or licensed pursuant to the applicable provisions of chapter 623, 623A or 625 of NRS. As used in this paragraph, “control” has the meaning ascribed to it in NRS 623.349.

    2.  The corporate name of a professional corporation must contain the words “Professional Corporation” or the abbreviation “Prof. Corp.,” or the word “Chartered” or “Limited” or the abbreviation “Ltd.” The corporate name must contain the last name of one or more of its stockholders. The corporation may render professional services and exercise its authorized powers under a fictitious name if the corporation has first registered the name in the manner required by chapter 602 of NRS.


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    Sec. 2.  NRS 89.050 is hereby amended to read as follows:

    89.050  1.  Except as otherwise provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its [funds] money in any form of real property, securities or any other type of investment.

    2.  A professional corporation may be organized to render a professional service relating to:

    (a) Architecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:

         (1) Engaged in the practice of architecture as provided in chapter 623 of NRS;

         (2) Practicing as a registered interior designer as provided in chapter 623 of NRS;

         (3) Engaged in the practice of residential design as provided in chapter 623 of NRS;

         (4) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS; and

         [(4)] (5) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.

    (b) Medicine, homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS, persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to medicine, homeopathy and osteopathy.

    3.  A professional corporation may render a professional service only through its officers and employees [, all of whom must be authorized to render that] who are licensed or otherwise authorized by law to render the professional service.

    Sec. 3.  NRS 89.070 is hereby amended to read as follows:

    89.070  1.  Except as otherwise provided in [subsections 2 and 3:] this section and NRS 623.349:

    (a) No corporation organized under the provisions of this chapter may issue any of its stock to anyone other than a natural person who is licensed to render the same specific professional services as those for which the corporation was incorporated.

    (b) No stockholder of a corporation organized under this chapter may enter into a voting trust agreement or any other type of agreement vesting another person with the authority to exercise the voting power of any or all of his stock, unless the other person is licensed to render the same specific professional services as those for which the corporation was incorporated.

    (c) No shares of a corporation organized under this chapter may be sold or transferred except to a natural person who is eligible to be a stockholder of the corporation or to the personal representative or estate of a deceased or legally incompetent stockholder. The personal representative or estate of the stockholder may continue to own shares for a reasonable period, but may not participate in any decisions concerning the rendering of professional services.


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ê2001 Statutes of Nevada, Page 1782 (Chapter 373, SB 301)ê

 

stockholder may continue to own shares for a reasonable period, but may not participate in any decisions concerning the rendering of professional services.

The articles of incorporation or bylaws may provide specifically for additional restrictions on the transfer of shares and may provide for the redemption or purchase of the shares by the corporation, its stockholders or an eligible individual account plan complying with the requirements of subsection 2 at prices and in a manner specifically set forth. A stockholder may transfer his shares in the corporation or any other interest in the assets of the corporation to a revocable trust if he acts as trustee of the revocable trust and any person who acts as cotrustee and is not licensed to perform the services for which the corporation was incorporated does not participate in any decisions concerning the rendering of those services.

    2.  [A] Except as otherwise provided in NRS 623.349, a person not licensed to render the professional services for which the corporation was incorporated may own a beneficial interest in any of the assets, including corporate shares, held for his account by an eligible individual account plan sponsored by the professional corporation for the benefit of its employees, which is intended to qualify under section 401 of the Internal Revenue Code , [(] 26 U.S.C. § 401 , [)] if the terms of the trust are such that the total number of shares which may be distributed for the benefit of persons not licensed to render the professional services for which the corporation was incorporated is less than a controlling interest and:

    (a) The trustee of the trust is licensed to render the same specific professional services as those for which the corporation was incorporated; or

    (b) The trustee is not permitted to participate in any corporate decisions concerning the rendering of professional services in his capacity as trustee.

A trustee who is individually a stockholder of the corporation may participate in his individual capacity as a stockholder, director or officer in any corporate decision.

    3.  [A] Except as otherwise provided in subsection 4, a professional corporation in which all the stockholders who are natural persons are licensed to render the same specific professional service [,] may acquire and hold stock in another professional corporation, or in a similar corporation organized pursuant to the corresponding law of another state, only if all the stockholders who are natural persons of the corporation whose stock is acquired are licensed in that corporation’s state of incorporation to render the same specific professional service as the stockholders who are natural persons of the professional corporation that acquires the stock.

    4.  A professional corporation practicing pursuant to NRS 623.349 in which all the stockholders are natural persons, regardless of whether or not the natural persons are licensed to render the same specific professional service, may acquire and hold stock in another professional corporation or in a similar corporation organized pursuant to the corresponding law of another state if control and two-thirds ownership of the business organization or association that is acquired is held by persons registered or licensed pursuant to the applicable provisions of chapter 623, 623A or 625 of NRS. As used in this subsection, “control” has the meaning ascribed to it in NRS 623.349.


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ê2001 Statutes of Nevada, Page 1783 (Chapter 373, SB 301)ê

 

    5.  Any act in violation of this section is void and does not pass any rights or privileges or vest any powers, except to an innocent person who is not a stockholder and who has relied on the effectiveness of the action.

    Sec. 4.  NRS 89.080 is hereby amended to read as follows:

    89.080  1.  If any officer, stockholder, director or employee of a corporation organized under this chapter who has been rendering professional service to the public becomes legally disqualified to render such professional services within this state, he shall sever within a reasonable period all professional service with and financial interest in the corporation , [;] but this chapter does not prevent a corporation formed under this chapter from entering into a contract with an employee which provides for severance pay or for compensation for past services upon termination of professional service, whether by death or otherwise.

    2.  [No] Except as otherwise provided in NRS 623.349, a natural person may not be an officer or director of a corporation organized under this chapter [other than a natural person who] unless he is licensed to render the same specific professional services as those for which the corporation was incorporated.

    3.  Upon the death of a stockholder of a corporation who has transferred his interest in the corporation to a revocable trust as permitted by NRS 89.070, the trustee of the revocable trust may continue to retain any interest so transferred, including corporate shares, for a reasonable period, but may not exercise any authority concerning the rendering of professional services and may not , except as otherwise provided in NRS 623.349, distribute the corporate interest to any person not licensed to render the services for which the corporation was incorporated.

    4.  A corporation’s failure to require compliance with the provisions of this section is a ground for the forfeiture of its charter.

    Sec. 5.  NRS 89.230 is hereby amended to read as follows:

    89.230  [Members] Except as otherwise provided in NRS 623.349, members who organize a professional association must all be natural persons licensed to render the same specific professional services as those for which the professional association is organized. [A] Except as otherwise provided by law, a professional association may render professional service only through its members and employees [, all of whom must be licensed] who are licensed or otherwise authorized by law to render the professional service.

    Sec. 6.  NRS 89.240 is hereby amended to read as follows:

    89.240  1.  If any member or employee of a professional association who has been rendering professional service to the public becomes legally disqualified to render the professional service within this state, he shall sever within a reasonable period all professional service with and financial interest in the association; but this chapter does not prevent a professional association from entering into a contract with a member or employee which provides for severance pay or for compensation for past services upon termination of professional service, whether by death or otherwise. Upon the death of a member of the association who has transferred his interest in the association to a revocable trust as permitted by subsection 2, the trustee of the revocable trust may continue to retain any interest so transferred for a reasonable period, but may not exercise any authority concerning the rendering of professional services and may not , except as otherwise provided in NRS 623.349, distribute the interest in the association or its assets to any person not licensed to render the services for which the association was organized.


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ê2001 Statutes of Nevada, Page 1784 (Chapter 373, SB 301)ê

 

person not licensed to render the services for which the association was organized.

    2.  [No] Except as otherwise authorized by NRS 623.349, a membership interest in a professional association may not be sold or transferred except to a natural person who is eligible to be a member of the association or to the personal representative or estate of a deceased or legally incompetent member, except as provided in this subsection. The personal representative of such a member may continue to own such interest for a reasonable period, but may not participate in any decisions concerning the rendering of professional service. A member may transfer his interest in the association or any other interest in the assets of the association to a revocable trust if he acts as trustee of the revocable trust and any person who acts as cotrustee and is not licensed to perform the services for which the association is organized does not participate in any decisions concerning the rendering of those professional services.

    3.  The articles of association may provide specifically for additional restrictions on the transfer of members’ interests and may provide for the redemption or purchase of such an interest by the association or its other members at prices and in a manner specifically set forth in the articles.

    Sec. 7.  NRS 89.250 is hereby amended to read as follows:

    89.250  1.  [A] Except as otherwise provided in subsection 2, 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.  A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 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:

    (a) Showing the names and residence addresses of all members and employees of the association who are licensed or otherwise authorized by law to render professional service in this state;

    (b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this state; and

    (c) Certifying that all members who are not licensed to render professional service in this state do not render professional service on behalf of the association except as authorized by law.

    3.  The statement must:

    (a) Be made on a form prescribed by the secretary of state 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.] 4.  Upon filing the annual statement required by this section, the association shall pay to the secretary of state a fee of $15.

    [4.] 5.  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 NRS 720.060, with the present intention to authenticate a document.


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ê2001 Statutes of Nevada, Page 1785 (Chapter 373, SB 301)ê

 

    Sec. 8.  Chapter 623 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.

    Sec. 9.  “Responsible control” means the amount of control over and detailed knowledge of the content of a technical submission during its preparation that is ordinarily exercised by a registered architect, registered interior designer or residential designer, as applicable, when applying the normal standard of professional care.

    Sec. 10.  The board may accept satisfactory evidence of registration as an interior designer in another jurisdiction where the qualifications required are equal to those required in paragraphs (d) and (e) of subsection 1 of NRS 623.192 at the date of application. Before the board may accept that evidence, the applicant must pass the examination required pursuant to the provisions of subsection 3 of NRS 623.200.

    Sec. 11.  NRS 623.015 is hereby amended to read as follows:

    623.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 623.017 to 623.027, inclusive, and section 9 of this act, have the meanings ascribed to them in those sections.

    Sec. 12.  NRS 623.025 is hereby amended to read as follows:

    623.025  The “practice of residential design” consists of rendering services embracing the scientific, esthetic or orderly coordination of processes which enter into [the] :

    1.  The production of a completed [single-family dwelling units and multifamily dwelling structures that do] :

    (a) Single-family dwelling unit; or

    (b) Multifamily dwelling structure that does not exceed two stories in height and [are] is composed of not more than four units in [each structure or the utilization] that structure; and

    2.  The use of space within and surrounding [those units or structures,] the unit or structure,

performed through the medium of plans, specifications, administration of construction, preliminary studies, consultations, evaluations, investigations, contract documents and advice and direction.

    Sec. 13.  NRS 623.050 is hereby amended to read as follows:

    623.050  1.  The state board of architecture, interior design and residential design, consisting of nine members appointed by the governor, is hereby created.

    2.  The governor shall appoint:

    (a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.

    (b) One member who is a registered residential designer.

    (c) Two members who are registered interior designers and who are not registered architects or residential designers.

    (d) One member who is a representative of the general public.

    3.  Members of the board must have been residents of this state for not less than 2 years preceding their appointment.

    4.  The governor may, upon a bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.


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ê2001 Statutes of Nevada, Page 1786 (Chapter 373, SB 301)ê

 

    [5.  The member who is a residential designer shall not participate in the investigation or acceptance of his application or in the grading or certification of his examination.

    6.  The members who are registered interior designers shall not participate in the investigation or acceptance of their applications or in the grading or certification of their examinations.]

    Sec. 14.  NRS 623.180 is hereby amended to read as follows:

    623.180  1.  No person may practice:

    (a) Architecture or use the title of architect;

    (b) Residential design or use the title of residential designer; or

    (c) As a registered interior designer or use the title of registered interior designer,

in this state without having a certificate of registration issued to him pursuant to the provisions of this chapter.

    2.  Whenever the requirements for registration pursuant to the provisions of this chapter have been fully complied with and fulfilled by an applicant, the board shall issue to the successful applicant a certificate as a registered architect, registered interior designer or residential designer. [If the certificate will be issued after the beginning of a biennium, the applicant shall pay the full fee which is prescribed.] Each certificate of registration issued by the board expires on December 31 of each year. The board shall, by regulation, establish a schedule of prorated fees for a certificate of registration that is issued for less than 1 year.

    3.  The certificate is synonymous with registration with a serial number and seal. A person who is issued a certificate may practice architecture or residential design or may practice as a registered interior designer in this state, subject to the provisions of this chapter and the regulations of the board.

    4.  The unauthorized use or display of a certificate of registration is unlawful.

    Sec. 15.  NRS 623.185 is hereby amended to read as follows:

    623.185  1.  Upon being issued a certificate of registration, each registered architect, registered interior designer or residential designer shall obtain a seal of the design authorized by the board, bearing the architect’s, registered interior designer’s or residential designer’s name, the number of his certificate of registration, and the legend “Registered Architect,” “Registered Interior Designer” or “Residential Designer.”

    2.  [Plans, specifications, reports and other documents] A plan, specification, report or other document issued by a registered architect, registered interior designer or residential designer for official use must be signed, sealed and dated [on the title page by the architect or designer.] by him. The board may adopt regulations specifying the manner in which a registered architect, registered interior designer or residential designer may electronically transmit such a plan, specification, report or other document.

    3.  It is unlawful for a person to stamp or seal any [plans, specifications, reports or other documents] plan, specification, report or other document with the seal after the certificate of registration of the architect, registered interior designer or residential designer, named therein, has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.


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ê2001 Statutes of Nevada, Page 1787 (Chapter 373, SB 301)ê

 

    4.  Any plan, drawing, specification or other document prepared by a registered interior designer must contain a statement that the plan, study, drawing, specification or other document was prepared by a registered interior designer registered pursuant to the provisions of this chapter.

    Sec. 16.  NRS 623.190 is hereby amended to read as follows:

    623.190  1.  Any person who is at least 21 years of age and of good moral character and who meets the requirements for education and practical training established by the board by regulation may apply to the board for registration pursuant to the provisions of this section as an architect.

    2.  Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural program accredited by the National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the state board of architecture, interior design and residential design is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.

    3.  The board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations may include tests in such technical and professional subjects as are prescribed by the board.

    4.  If the board adopts the examination of the National Council of Architectural Registration Boards, an applicant for registration as an architect who wishes to:

    (a) Take the examination must pay to the entity which administers the examination the fee charged by that entity for taking the examination and pay to the board a processing fee as provided in NRS 623.310.

    (b) Retake any part or parts of the examination which he previously failed must pay to the entity which administers the examination the fee charged by that entity for retaking [such] that part or parts.

    5.  Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the board, may apply to the board for registration as a residential designer. The board shall, by regulation, establish the amount of credit allowed for education, practical training or a combination thereof.

    6.  The board shall, by regulation, establish the standards for the examination to qualify as a residential designer . [, which may be required as part of the examination to be an architect.] The examination must consist of at least [:

    (a) A written examination covering:

         (1)] the following subjects:

    (a) Structural technology;

         [(2)] (b) Materials and methods of construction;

         [(3)] (c) Systems for environmental control; and

         [(4)] (d) Graphic design . [; and

    (b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.]


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ê2001 Statutes of Nevada, Page 1788 (Chapter 373, SB 301)ê

 

    7.  Before being issued a certificate of registration to engage in the practice of architecture or residential design, each applicant must personally appear before the board to take an oath prescribed by the board.

    8.  Any application to the board may be denied for any violation of the provisions of this chapter.

    Sec. 17.  NRS 623.192 is hereby amended to read as follows:

    623.192  1.  An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the board:

    (a) An application on a form provided by the board;

    (b) The fees required pursuant to NRS 623.310;

    (c) The statement required pursuant to NRS 623.225;

    (d) Proof which is satisfactory to the board that he has : [completed:]

         (1) At least [5 years of education in a program of interior design or an equivalent number of credits and at least 1 year] 2 years of experience in interior design; [or

         (2) At least 4 years of education in] and

         (2) Successfully completed a program of interior design [or an equivalent number of credits and at least 2 years of experience in interior design;] accredited by the Foundation for Interior Design Education Research or a substantially equivalent program approved by the board; and

    (e) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.

    2.  [Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.

    3.]  The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience [and equivalent credits] required pursuant to the provisions of subsection 1 as those standards exist on the date of the adoption of the regulation.

    3.  Before being issued a certificate of registration to practice as a registered interior designer, each applicant must personally appear before the board to take an oath prescribed by the board.

    4.  Any application submitted to the board may be denied for any violation of the provisions of this chapter.

    Sec. 18.  NRS 623.220 is hereby amended to read as follows:

    623.220  1.  The board shall issue a certificate of registration as an architect or a residential designer, upon payment of a registration fee pursuant to the provisions of subsection 2 of NRS 623.180 or NRS 623.310, to any applicant who complies with the provisions of NRS 623.190 and 623.225 and passes the examinations, or in lieu thereof , brings himself within the provisions of NRS 623.210.

    2.  The board shall issue a certificate of registration to practice as a registered interior designer , upon payment of a registration fee pursuant to the provisions of NRS 623.180 or 623.310 , to any applicant who complies with the provisions of NRS 623.192, 623.200 and 623.225 [.] , or in lieu thereof, brings himself within the provisions of section 10 of this act.

    3.  Certificates of registration must include the full name of the registrant, have a serial number and be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board is evidence that the person named therein is entitled to all the rights and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, unrevoked and unexpired.


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ê2001 Statutes of Nevada, Page 1789 (Chapter 373, SB 301)ê

 

and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, unrevoked and unexpired.

    Sec. 19.  NRS 623.250 is hereby amended to read as follows:

    623.250  1.  Each architect, registered interior designer or residential designer who [holds] wishes to renew a certificate of registration issued to him pursuant to the provisions of this chapter [shall, before or during the month of December of each year preceding a biennium during which he desires to continue:

    (a) The practice of architecture or residential design; or

    (b) To practice as a registered interior designer,

submit a renewal fee] must submit to the board:

    (a) The fees required for renewal pursuant to the provisions of this chapter [, proof] ;

    (b) Proof of compliance with all of the requirements established by the board for continuing education for the renewal of the certificate of registration; and [the]

    (c) The statement required pursuant to the provisions of NRS 623.225.

    2.  Upon receipt of the fees required for renewal , [fee,] proof satisfactory to the board of compliance with all of the requirements established by the board for continuing education and the statement, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration is renewed for [the term of a biennium.] 1 year after its date of expiration. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the secretary of the board or the executive director and must bear the seal of the board.

    3.  The renewal must be recorded, together with its serial number, by the secretary of the board in the official register of the board pursuant to the provisions of NRS 623.230.

    Sec. 20.  NRS 623.270 is hereby amended to read as follows:

    623.270  1.  The board may place the holder of any certificate of registration issued pursuant to the provisions of this chapter on probation, reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, if proof satisfactory to the board is presented that:

    (a) The certificate was obtained by fraud or concealment of a material fact.

    (b) The holder of the certificate has been found guilty by the board or by a court of justice of any fraud, deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

    (c) The holder of the certificate has been found guilty by the board of incompetency, negligence or gross negligence in:

         (1) The practice of architecture or residential design; or

         (2) His practice as a registered interior designer.

    (d) The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his [direct supervision,] responsible control, or has permitted the use of his name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.


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ê2001 Statutes of Nevada, Page 1790 (Chapter 373, SB 301)ê

 

who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.

    (e) The holder of a certificate has aided or abetted any unauthorized person to practice:

         (1) Architecture or residential design; or

         (2) As a registered interior designer.

    (f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to:

         (1) The practice of architecture or residential design; or

         (2) Practice as a registered interior designer.

    (g) The holder of a certificate has failed to comply with an order issued by the board or has failed to cooperate with an investigation conducted by the board.

    2.  If discipline is imposed pursuant to the provisions of this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

    [2.] 3.  The conditions for probation imposed pursuant to the provisions of subsection 1 may include, but are not limited to:

    (a) Restriction on the scope of professional practice.

    (b) Peer review.

    (c) Required education or counseling.

    (d) Payment of restitution to [all parties] each person who suffered harm or loss.

    (e) Payment of all costs of the administrative investigation and prosecution.

    [3.] 4.  As used in this section:

    (a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.

    (b) “Incompetency” means conduct which, in:

         (1) The practice of architecture or residential design; or

         (2) Practice as a registered interior designer,

demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

    (c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:

         (1) The profession of architecture or residential design; or

         (2) Practice as a registered interior designer.

    Sec. 21.  NRS 623.333 is hereby amended to read as follows:

    623.333  1.  An architect [or a residential designer] who is registered pursuant to the provisions of this chapter is not required to obtain a certificate of registration to practice as a registered interior designer.

    2.  A residential designer who is registered pursuant to the provisions of this chapter is not required to obtain a certificate of registration to practice as a registered interior designer while engaged in the practice of residential design.

    Sec. 22.  NRS 623.350 is hereby amended to read as follows:

    623.350  1.  [Every] Each office or place of business in this state of any partnership, corporation, limited-liability company or other business organization or association [engaged] that engages in the practice of architecture or residential design, or practice as a registered interior designer pursuant to the provisions of NRS 623.349 [shall] must have an architect , registered interior designer or residential designer who is a resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and [directly] having responsible control for the [administration of the] architectural work or work relating to engaging in practice as a registered interior designer conducted in the office or place of business.


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ê2001 Statutes of Nevada, Page 1791 (Chapter 373, SB 301)ê

 

architect , registered interior designer or residential designer who is a resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and [directly] having responsible control for the [administration of the] architectural work or work relating to engaging in practice as a registered interior designer conducted in the office or place of business. The provisions of this subsection do not apply to partnerships, corporations, limited-liability companies or other business organization or associations [engaged] that engage in the practice of architecture or residential design or practice as a registered interior designer at offices established for construction administration.

    2.  A registrant or licensee practicing in a business organization or association which holds a certificate issued pursuant to NRS 623.349 remains subject to NRS 89.220.

    3.  If a person who is not registered or licensed, or a registrant or licensee who is not an owner, and who is employed by or affiliated with a business organization or association which holds a certificate issued pursuant to NRS 623.349 is found by the board to have violated a provision of this chapter or a regulation of the board, the board may hold the business organization or association and the registrants and licensees who are owners responsible for the violation.

    Sec. 23.  NRS 623.353 is hereby amended to read as follows:

    623.353  A residential designer shall not engage in rendering services for any building or structure not specified in NRS 623.025 unless he does so under the [direct supervision] responsible control of a registered architect. In such cases , the architect is the sole contracting party, has full responsibility for the work performed by the residential designer, shall supervise any work performed by the residential designer and shall file the agreement between the residential designer and the architect with the secretary of the board within 10 days after the execution of the agreement.

    Sec. 24.  NRS 625.407 is hereby amended to read as follows:

    625.407  1.  Except as otherwise provided in this section:

    (a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full time at least one professional engineer or professional land surveyor, respectively, at each place of business where the work is or will be performed; and

    (b) All engineering or land-surveying work done at a place of business must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full time at that particular place of business.

    2.  If the only professional engineer or professional land surveyor employed full time at a place of business where engineering or land-surveying work is performed ceases to be employed at that place of business, during the 30 days next following his departure:

    (a) The place of business is not required to employ full time a professional engineer or professional land surveyor; and

    (b) The professional engineer or professional land surveyor placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full time at that place of business.

    3.  Except as otherwise provided in subsection 5:


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ê2001 Statutes of Nevada, Page 1792 (Chapter 373, SB 301)ê

 

    (a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline at a particular place of business in this state shall employ full time at that place of business a professional engineer licensed in that discipline.

    (b) Each person who holds himself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full time a professional engineer licensed in that discipline.

    4.  [Architects, registered interior designers, residential designers, professional] Professional engineers and [landscape architects may, in accordance with the provisions of NRS 623.349,] professional land surveyors may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.

    5.  The provisions of this section do not apply to a firm, partnership, corporation or other person who:

    (a) Practices professional engineering for his benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons; or

    (b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews or offices established for inspecting construction.

    Sec. 25.  Section 39 of chapter 512, Statutes of Nevada 1995, at page 1705, is hereby amended to read as follows:

    Sec. 39.  The state board of architecture, interior design and residential design shall issue a certificate of registration to practice interior design to any person who:

    1.  Submits to the board, not later than December 31, 1999, a form prescribed by the board declaring his intention to apply for a certificate of registration to practice interior design;

    2.  Is of good moral character and submits to the board : [, not later than December 31, 2004:]

    (a) An application on a form provided by the board;

    (b) The fees required pursuant to NRS 623.310;

    (c) Proof which is satisfactory to the board that he has completed at least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design or residential interior design; and

    (d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization; and

    3.  Complies with the requirements of subsection 3 of NRS 623.200 . [not later than December 31, 2004.]

    Sec. 26.  A certificate of registration issued to an architect, registered interior designer or residential designer by the state board of architecture, interior design and residential design that expires on December 31, 2002, remains effective until that date.

    Sec. 27.  This act becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 1793ê

 

CHAPTER 374, SB 317

Senate Bill No. 317–Committee on Government Affairs

 

CHAPTER 374

 

AN ACT relating to local financial administration; revising provisions governing local government finance to comply with current generally accepted accounting and auditing standards; providing a procedure for the augmentation of budgets of local governments; requiring the department of taxation to create certain forms; requiring the state treasurer to withhold distributions from the local government tax distribution account from local governments under certain circumstances; requiring the use of alternative population totals for calculating distributions from the local government tax distribution account under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive of this act.

    Sec. 2.  “Fiduciary fund” means a fund used to report assets held in a trustee or agency capacity for others and therefore cannot be used to support the programs of the local government.

    Sec. 3.  “Proprietary fund” means an internal service fund or enterprise fund.

    Sec. 4.  1.  The committee on local government finance, consisting of 11 members, is hereby created.

    2.  The following associations shall each appoint three members to serve on the committee:

    (a) Nevada League of Cities;

    (b) Nevada Association of County Commissioners; and

    (c) Nevada School Trustees Association.

    3.  The Nevada state board of accountancy shall appoint two members to serve on the committee.

    4.  Each appointment must be for a term of 3 years.

    5.  All vacancies must be filled as soon as practicable by the appointing authority of the person who vacated the seat.

    6.  If any of the associations listed in subsection 2 cease to exist, the appointments required by subsection 2 must be made by the association’s successor in interest or, if there is no successor in interest, one each by the other appointing authorities.

    Sec. 5.  1.  If anticipated resources actually available during a budget period exceed those estimated, a local government may augment a budget in the following manner:

    (a) If it is desired to augment the appropriations of a fund to which ad valorem taxes are allocated as a source of revenue, the governing body shall, by majority vote of all members of the governing body, adopt a resolution reciting the appropriations to be augmented, and the nature of the unanticipated resources intended to be used for the augmentation. Before the adoption of the resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation in the county for at least one publication.


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ê2001 Statutes of Nevada, Page 1794 (Chapter 374, SB 317)ê

 

in the county for at least one publication. No vote may be taken upon the resolution until 3 days after the publication of the notice.

    (b) If it is desired to augment the budget of any fund other than a fund described in paragraph (a) or an enterprise or internal service fund, the governing body shall adopt, by majority vote of all members of the governing body, a resolution providing therefor at a regular meeting of the body.

    2.  A budget augmentation becomes effective upon delivery to the department of taxation of an executed copy of the resolution providing therefor.

    3.  Nothing in NRS 354.470 to 354.626, inclusive, and sections 2 to 5, inclusive, of this act, precludes the amendment of a budget by increasing the total appropriation for any fiscal year to include a grant-in-aid, gift or bequest to a local unit of government which is required to be used for a specific purpose as a condition of the grant. Acceptance of such a grant and agreement to the terms imposed by the granting agency or person constitutes an appropriation to the purpose specified.

    4.  A local government need not file an augmented budget for an enterprise or internal service fund with the department of taxation but shall include the budget augmentation in the next quarterly report.

    5.  Budget appropriations may be transferred between functions, funds or contingency accounts in the following manner, if such a transfer does not increase the total appropriation for any fiscal year and is not in conflict with other statutory provisions:

    (a) The person designated to administer the budget for a local government may transfer appropriations within any function.

    (b) The person designated to administer the budget may transfer appropriations between functions or programs within a fund, if:

         (1) The governing body is advised of the action at the next regular meeting; and

         (2) The action is recorded in the official minutes of the meeting.

    (c) Upon recommendation of the person designated to administer the budget, the governing body may authorize the transfer of appropriations between funds or from the contingency account, if:

         (1) The governing body announces the transfer of appropriations at a regularly scheduled meeting and sets forth the exact amounts to be transferred and the accounts, functions, programs and funds affected;

         (2) The governing body sets forth its reasons for the transfer; and

         (3) The action is recorded in the official minutes of the meeting.

    6.  In any year in which the legislature by law increases or decreases the revenues of a local government, and that increase or decrease was not included or anticipated in the local government’s final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, within 30 days of adjournment of the legislative session, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures from that contained in its final budget to the extent of the actual increase or decrease of revenues resulting from the legislative action.

    7.  In any year in which the legislature enacts a law requiring an increase or decrease in expenditures of a local government, which was not anticipated or included in its final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, within 30 days of adjournment of the legislative session, file an amended budget with the department of taxation providing for an increase or decrease in expenditures from that contained in its final budget to the extent of the actual amount made necessary by the legislative action.


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ê2001 Statutes of Nevada, Page 1795 (Chapter 374, SB 317)ê

 

days of adjournment of the legislative session, file an amended budget with the department of taxation providing for an increase or decrease in expenditures from that contained in its final budget to the extent of the actual amount made necessary by the legislative action.

    8.  An amended budget, as approved by the department of taxation, is the budget of the local government for the current fiscal year.

    9.  On or before January 1 of each school year, each school district shall adopt an amendment to its final budget after the count of pupils is completed pursuant to subsection 1 of NRS 387.1233. The amendment must reflect any adjustments necessary as a result of the completed count of pupils.

    Sec. 6.  1.  The purpose of NRS 354.655 to 354.725 is to provide specific methods for the treatment of delinquent documents, technical financial assistance and severe financial emergency.

    2.  To accomplish the purpose set forth in subsection 1, the provisions of NRS 354.655 to 354.725, inclusive, must be broadly and liberally construed.

    Sec. 7.  NRS 354.470 is hereby amended to read as follows:

    354.470  NRS 354.470 to 354.626, inclusive, and sections 2 to 5, inclusive, of this act, may be cited as the Local Government Budget and Finance Act.

    Sec. 8.  NRS 354.472 is hereby amended to read as follows:

    354.472  1.  The purposes of NRS 354.470 to 354.626, inclusive, are:

    (a) To establish standard methods and procedures for the preparation, presentation, adoption [, administration and appraisal] and administration of budgets of all local governments.

    (b) To enable local governments to make financial plans for programs of both current and capital expenditures and to formulate fiscal policies to accomplish these programs.

    (c) To provide for estimation and determination of revenues, expenditures and tax levies.

    (d) To provide for the control of revenues, expenditures and expenses in order to promote prudence and efficiency in the expenditure of public money.

    (e) [To enable local governments to borrow money to meet emergency expenditures or expenses.

    (f)] To provide specific methods enabling the public, taxpayers and investors to be apprised of the financial preparations, plans, policies and administration of all local governments.

    2.  For the accomplishment of these purposes the provisions of NRS 354.470 to 354.626, inclusive, must be broadly and liberally construed.

    Sec. 9.  NRS 354.475 is hereby amended to read as follows:

    354.475  1.  All special districts subject to the provisions of the Local Government Budget and Finance Act with annual total expenditures of less than [$100,000] $200,000 may petition the department of taxation for exemption from the requirements of the Local Government Budget and Finance Act for the filing of certain budget documents and audit reports. Such districts may further petition to [return to] use a cash [method] basis of accounting. The minimum required of such districts is the filing with the department of taxation of an annual budget on or before April 15 of each year and the filing of quarterly reports in accordance with NRS 354.602. Such petitions must be received by the department of taxation on or before [December 31] April 15 to be effective for the succeeding fiscal year or, in a case of an annual audit exemption, to be effective for the current fiscal year.


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ê2001 Statutes of Nevada, Page 1796 (Chapter 374, SB 317)ê

 

[December 31] April 15 to be effective for the succeeding fiscal year or, in a case of an annual audit exemption, to be effective for the current fiscal year. A board of county commissioners may request the department of taxation to audit the financial records of such an exempt district.

    2.  Such districts are exempt from all publication requirements of the Local Government Budget and Finance Act, except that the department of taxation by regulation shall require an annual publication of a notice of budget adoption and filing. The department of taxation shall adopt regulations pursuant to NRS 354.594 which are necessary to carry out the purposes of this section.

    3.  The revenue recorded in accounts that are kept on a cash basis must consist of cash items.

    4.  As used in this section, “cash basis” means the system of accounting under which revenues are recorded only when received and expenditures or expenses are recorded only when paid.

    Sec. 10.  NRS 354.476 is hereby amended to read as follows:

    354.476  As used in NRS 354.470 to 354.626, inclusive, [and] sections 2 to 5, inclusive, of Senate Bill No. 203 of this session and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS [354.478 to 354.580,] 354.479 to 354.578, inclusive, and sections 2 and 3 of Senate Bill No. 203 of this session and sections 2 and 3 of this act , have the meanings ascribed to them in those sections.

    Sec. 11.  NRS 354.486 is hereby amended to read as follows:

    354.486  “Audit” means the examination and analysis of financial statements, accounting procedures and other evidence made in conformity with generally accepted auditing standards in the United States for one or more of the following purposes:

    1.  Determining the propriety [, legality] and mathematical accuracy of material financial transactions;

    2.  Ascertaining whether [all] financial transactions have been properly recorded;

    3.  Ascertaining whether the financial statements prepared from the accounting records fairly present in all material respects the financial position and the results of financial operations [of the constituent and balanced account groups] and cash flows of the governmental unit in accordance with generally accepted accounting principles in the United States and on a basis which is consistent with that of the preceding year;

    4.  [Determining whether] Evaluating internal accounting controls over financial reporting of the handling of the public money [is adequately protected by internal accounting controls;] and public property;

    5.  Determining whether the fiscal controls established by law and administrative regulations are being properly applied;

    6.  Determining whether there is any evidence that fraud or dishonesty has occurred in the handling of funds or property;

    7.  Determining whether the acquisition , depreciation and disposition of property and equipment are accounted for in accordance with generally accepted accounting principles [;] in the United States; and

    8.  Determining whether the removal of the uncollectible accounts receivable from the records of a governmental unit is done in accordance with the procedure established by law and administrative regulations.


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ê2001 Statutes of Nevada, Page 1797 (Chapter 374, SB 317)ê

 

    Sec. 12.  NRS 354.506 is hereby amended to read as follows:

    354.506  “Contingency account” means an account showing [assets or other resources which have] money that has been appropriated to provide for unforeseen expenditures or anticipated expenditures of an uncertain amount.

    Sec. 13.  NRS 354.510 is hereby amended to read as follows:

    354.510  “Debt service fund” means a fund to account for the accumulation of resources for and the payment of principal or interest on any general long-term debt [.] or medium-term obligation.

    Sec. 14.  NRS 354.518 is hereby amended to read as follows:

    354.518  [“Estimated] “Anticipated revenue” means the amount of revenue [estimated] anticipated to be collected or accrued during a given period.

    Sec. 15.  NRS 354.520 is hereby amended to read as follows:

    354.520  1.  “Expenditure” means:

    (a) If [accounts] the accounting records are kept on the [accrual basis or the] modified accrual basis, the cost of goods delivered or services rendered, whether paid or unpaid . [, any provision for retirement of debt which is not reported as a liability of the fund from which the debt is retired, and any capital outlays.] Expenditures are recognized in the accounting period in which the fund liability is incurred, if measurable, except for unmatured interest on general long-term liabilities which should be recognized when due.

    (b) If accounts are kept on the cash basis, only cash disbursements for the purposes listed in paragraph (a).

    2.  Encumbrances are not considered expenditures.

    Sec. 16.  NRS 354.523 is hereby amended to read as follows:

    354.523  “Expense” means any charge incurred, under the accrual basis, whether paid or unpaid, for operation, maintenance or interest or any other charge which is presumed to provide benefit in the current fiscal period.

    Sec. 17.  NRS 354.524 is hereby amended to read as follows:

    354.524  “Final budget” means the budget [that] which has been adopted by a local governing body or adopted by default as defined by NRS 354.470 to 354.626, inclusive, and [approved] which has been determined by the department of taxation [for the ensuing fiscal year.] to be in compliance with applicable statutes and regulations.

    Sec. 18.  NRS 354.528 is hereby amended to read as follows:

    354.528  [“Fixed] “Capital assets” means assets of a long-term character which are intended to continue to be held or used such as land, buildings, machinery, furniture and other equipment.

    Sec. 19.  NRS 354.529 is hereby amended to read as follows:

    354.529  “Function” means a group of related activities aimed at accomplishing a major service or regulatory program for which a governmental unit is responsible, [such as] including, without limitation, general government, public safety, public works, health, welfare, culture and recreation, conservation of natural resources, urban redevelopment and housing, economic development and assistance , [or] economic opportunity [.] and activities relating to the judiciary.

    Sec. 20.  NRS 354.533 is hereby amended to read as follows:

    354.533  “Fund balance” means the excess of assets over liabilities [and reserves] in a governmental fund.


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ê2001 Statutes of Nevada, Page 1798 (Chapter 374, SB 317)ê

 

    Sec. 21.  NRS 354.5335 is hereby amended to read as follows:

    354.5335  [“Fund for capital projects”] “Capital projects fund” means a fund created to account for [all] resources used for the acquisition or construction of designated [fixed] capital assets by a governmental unit except those financed by proprietary or trust funds.

    Sec. 22.  NRS 354.535 is hereby amended to read as follows:

    354.535  “General long-term debt” means debt which is legally payable from general revenues and is backed by the full faith and credit of a governmental unit. The term includes [debt represented by local government securities] obligations issued by a local government pursuant to chapter 350 of NRS and [debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.] other long-term liabilities, including, without limitation, accrued compensated absences and claims for workers’ compensation.

    Sec. 23.  NRS 354.562 is hereby amended to read as follows:

    354.562  [1.]  “Revenue” means the gross [increase in ownership equity during a designated period.

    2.  If the accounts are kept on an accrual basis, this term designates:

    (a) Additions to assets which do not increase any liability or represent the recovery of an expenditure or contributions of fund capital in proprietary funds; and

    (b) The cancellation of liabilities without a corresponding increase in other liabilities or a decrease in assets.

    3.  If the accounts are kept on the modified accrual basis, the additions must be measurable and available to finance expenditures of the fiscal period.] receipts and receivables of a local government derived from taxes and all other sources except from appropriations and allotments.

    Sec. 24.  NRS 354.570 is hereby amended to read as follows:

    354.570  “Special revenue fund” means a fund used to account for specific revenue sources, other than [special assessments, expendable trusts, or] sources for major capital projects, which are restricted by law to expenditure for specified purposes.

    Sec. 25.  NRS 354.5945 is hereby amended to read as follows:

    354.5945  1.  [On] Except as otherwise provided in subsection 6, on or before July 1 of each year, each local government shall prepare, on a form prescribed by the department of taxation for use by local governments, a capital improvement plan for the ensuing 5 fiscal years.

    2.  Each local government must submit a copy of the capital improvement plan of the local government to the:

    (a) Department of taxation; and

    (b) Debt management commission of the county in which the local government is located.

    3.  Each local government must file a copy of the capital improvement plan of the local government for public record and inspection by the public in the offices of:

    (a) The clerk or secretary of the governing body; and

    (b) The county clerk.

    4.  The total amount of the expenditures contained in the capital improvement plan of the local government for the next ensuing fiscal year must equal the total amount of expenditures for capital outlay set forth in the final budget of the local government for each fund listed in that budget.


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ê2001 Statutes of Nevada, Page 1799 (Chapter 374, SB 317)ê

 

    5.  The capital improvement plan must reconcile the capital outlay in each fund in the final budget for the first year of the capital improvement plan to the final budget in the next ensuing fiscal year. The reconciliation must identify the minimum level of expenditure for items classified as capital assets in the final budget and the minimum level of expenditure for items classified as capital projects in the capital improvement plan. The reconciliation of capital outlay items in the capital improvement plan must be presented on forms created and distributed by the department of taxation.

    6.  Local governments that are exempt from the requirements of the Local Government Budget and Finance Act pursuant to NRS 354.475 are not required to file a capital improvement plan.

    Sec. 26.  NRS 354.596 is hereby amended to read as follows:

    354.596  1.  [On or before April 15 of each year, the] The officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the department of taxation for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget [and a copy of the local government’s report of its proposed expenditures] for the following fiscal year must be submitted to the county auditor and filed for public record and inspection in the office of:

    (a) The clerk or secretary of the governing body; and

    (b) The county clerk.

[The report must be written in the same detail as its chart of accounts. The total amount of the expenditures contained in this report equal the total amount of expenditures contained in its tentative budget for each department and fund listed in that budget.]

    2.  On or before April 15, a copy of the tentative budget must be submitted:

    (a) To the department of taxation; and

    (b) In the case of school districts, to the department of education.

    3.  At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days before the date set for the hearing. The notice of public hearing must state:

    (a) The time and place of the public hearing.

    (b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the department of taxation.

    (c) The places where copies of the tentative budget are on file and available for public inspection.

    [3.] 4.  Budget hearings must be held:

    (a) For county budgets, on the third Monday in May;

    (b) For cities, on the third Tuesday in May;

    (c) For school districts, on the third Wednesday in May; and

    (d) For all other local governments, on the third Thursday in May,

except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.

    [4.  On or before April 15, a copy of the tentative budget and notice of public hearing must be submitted:


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ê2001 Statutes of Nevada, Page 1800 (Chapter 374, SB 317)ê

 

    (a) To the department of taxation; and

    (b) In the case of school districts, to the state department of education.]

    5.  The department of taxation shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days before the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice must indicate the manner in which the submitted documents fail to comply with law or appropriate regulations.

    6.  Whenever the governing body receives from the department of taxation a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.

    [7.  If any change which results in an increase in the amount of revenue required from property taxes is made in a tentative budget after it has been submitted to the county auditor pursuant to subsection 1, the amended tentative budget must be submitted to the county auditor at least 30 days before it may be adopted as the final budget.]

    Sec. 27.  NRS 354.598 is hereby amended to read as follows:

    354.598  1.  At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.

    2.  At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. Except as otherwise provided in this subsection, the final budget must be adopted on or before June 1 of each year. The final budgets of school districts must be adopted on or before June 8 of each year and must be accompanied by copies of the written report and written procedure prepared pursuant to subsection 3 of NRS 385.351. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and [approved] used for certification of the combined ad valorem tax rate by the department of taxation for the current year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.4547 or 361.455.

    3.  The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department of taxation.


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ê2001 Statutes of Nevada, Page 1801 (Chapter 374, SB 317)ê

 

    4.  Upon the adoption of the final budget or the amendment of the budget in accordance with [NRS 354.606,] section 5 of this act, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.

    5.  No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.

    6.  [On or before January 1 of each school year, each school district shall adopt an amendment to its final budget after the count of pupils is completed pursuant to subsection 1 of NRS 387.1233. The amendment must reflect any adjustments necessary as a result of the completed count of pupils.] If a local government makes a change in its final budget which increases the combined ad valorem tax rate, the local government shall submit the amended final budget to the county auditor within 15 days after making the change.

    Sec. 28.  NRS 354.59801 is hereby amended to read as follows:

    354.59801  Each local government shall file in the office of the clerk or secretary of its governing body, for public record and inspection:

    1.  A copy of its final budget; and

    2.  A copy of its final plan for capital improvements prepared pursuant to NRS 354.5945 and, if applicable, NRS 350.0035 . [; and

    3.  A report of its proposed expenditures for the following fiscal year, written in the same detail as its chart of accounts. The total amount of these expenditures must equal the total amount of expenditures contained in its final budget for each department and fund listed in that budget.]

    Sec. 29.  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, 354.723, 450.425, 450.760, 540A.265 and 543.600, and section 4 of [this act,] Senate Bill No. 203 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 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.


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ê2001 Statutes of Nevada, Page 1802 (Chapter 374, SB 317)ê

 

    (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.

    Sec. 30.  NRS 354.59817 is hereby amended to read as follows:

    354.59817  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 15 cents per $100 of the assessed valuation of the county. A tax must not be levied pursuant to this section for more than 10 years.

    2.  The board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of any tax levied pursuant to the provisions of this section among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 fiscal year bears to the sum of the supplemental city-county relief tax distribution factors of all [of] the local governments in the county for the 1990-1991 fiscal year.

    3.  The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of this section without the approval of each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.

    4.  The governing body of each local government that receives a portion of the revenue from the tax levied pursuant to this section shall establish a separate [fund for] capital projects fund for the purposes set forth in this section. All interest and income earned on the money in the fund must also be deposited in the fund. The money in the fund may only be used for:

    (a) The purchase of capital assets including land, improvements to land and major items of equipment;

    (b) The construction or replacement of public works; and

    (c) The renovation of existing governmental facilities, not including normal recurring maintenance.

The money in the fund must not be used to finance the issuance or the repayment of bonds or other obligations, including medium-term obligations.

    5.  Money may be retained in the fund for not more than 10 years to allow the funding of projects without the issuance of bonds or other obligations. For the purpose of determining the length of time a deposit of money has been retained in the fund, all money withdrawn from the fund shall be deemed to be taken on a first-in, first-out basis. No money in the fund at the end of the fiscal year may revert to any other fund, nor may the money be a surplus for any other purpose than those specified in this section.

    6.  The annual budget and audit report of each local government must specifically identify this fund and must indicate in detail the projects that have been funded with money from the fund.


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ê2001 Statutes of Nevada, Page 1803 (Chapter 374, SB 317)ê

 

have been funded with money from the fund. Any planned accumulation of the money in the fund must also be specifically identified.

    7.  The projects on which money raised pursuant to this section will be expended must be approved by the voters in the question submitted pursuant to subsection 1 or in a separate question submitted on the ballot at a primary, general or special election.

    Sec. 31.  NRS 354.5987 is hereby amended to read as follows:

    354.5987  1.  For the purposes of NRS 354.59811, the allowed revenue from taxes ad valorem of any local government [:

    (a) Which comes into being on or after July 1, 1989, whether newly created, consolidated, or both; or

    (b) Which was in existence before July 1, 1989, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1989,]

must be [initially] established by the Nevada tax commission [.] for the first fiscal year it is in existence.

    2.  Except as otherwise provided in subsections 3 and [6,] 5, if the local government for which the allowed revenue from taxes ad valorem is to be established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased. To achieve this result, the Nevada tax commission shall request the committee on local government finance to prepare a statement of the prior cost of performing the function for each predecessor local government. Within 60 days after receipt of such a request, the committee on local government finance shall prepare a statement pursuant to the request and transmit it to the Nevada tax commission. The Nevada tax commission may accept, reject or amend the statement of the committee on local government finance. The decision of the Nevada tax commission is final. Upon making a final determination of the prior cost of performing the function for each predecessor local government, the Nevada tax commission shall:

    (a) Determine the percentage that the prior cost of performing the function for each predecessor local government is of the allowed revenue from taxes ad valorem of that local government; and

    (b) Apply the percentage determined pursuant to paragraph (a) to the allowed revenue from taxes ad valorem and subtract that amount from the allowed revenue from taxes ad valorem of the predecessor local government.

The allowed revenue from taxes ad valorem attributable to the new local government for the cost of performing the function must equal the total of the amounts subtracted for the prior cost of performing the function from the allowed revenue from taxes ad valorem of all [of] the predecessor local governments.

    3.  If the local government for which the allowed revenue from taxes ad valorem is to be established is an unincorporated town which provides a service not previously provided by another local government, and the board of county commissioners has included the unincorporated town in a resolution adopted pursuant to the provisions of NRS 269.5755, the Nevada tax commission shall, if the unincorporated town does not receive revenue from taxes ad valorem, establish the allowed revenue of the town from taxes ad valorem at an amount which is in the same ratio to the assessed valuation of the town as the combined allowed revenues from taxes ad valorem are to the combined assessed valuations of the other unincorporated towns included in the common levy.


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ê2001 Statutes of Nevada, Page 1804 (Chapter 374, SB 317)ê

 

of the town as the combined allowed revenues from taxes ad valorem are to the combined assessed valuations of the other unincorporated towns included in the common levy.

    4.  [The allowed revenue from taxes ad valorem of an unincorporated town which provides a service not previously provided by another local government must be:

    (a) Reduced by 75 percent for the first fiscal year following the fiscal year in which the allowed revenue from taxes ad valorem is established pursuant to subsection 3;

    (b) Reduced by 50 percent for the second fiscal year following the fiscal year in which the allowed revenue from taxes ad valorem is established pursuant to subsection 3; and

    (c) Reduced by 25 percent for the third fiscal year following the fiscal year in which the allowed revenue from taxes ad valorem is established pursuant to subsection 3.

    5.  In any other case, except] Except as otherwise provided in subsection [6,] 5, the allowed revenue from taxes ad valorem of all local governments in the county, determined pursuant to NRS 354.59811, must not be increased, but the total allowed revenue from taxes ad valorem must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.

    [6.] 5.  In establishing the allowed revenue from taxes ad valorem of a county, city or town pursuant to this section, the Nevada tax commission shall allow a tax rate for operating expenses of at least 15 cents per $100 of assessed valuation in addition to the tax rate allowed for any identified and restricted purposes and for debt service.

    [7.] 6.  As used in this section:

    (a) “Predecessor local government” means a local government which previously performed all or part of a function to be performed by the local government for which the allowed revenue from taxes ad valorem is being established pursuant to subsection 1.

    (b) “Prior cost of performing the function” means the amount expended by a local government to perform a function which is now to be performed by another local government. The amount must be determined on the basis of the most recent fiscal year for which reliable information is available.

    Sec. 32.  NRS 354.599 is hereby amended to read as follows:

    354.599  [1.]  If the legislature directs one or more local governments to:

    [(a)] 1.  Establish a program or provide a service; or

    [(b)] 2.  Increase a program or service already established which requires additional funding,

and the expense required to be paid by each local government to establish, provide or increase the program or service is $5,000 or more, a specified source for the additional revenue to pay the expense must be authorized by a specific statute. The additional revenue may only be used to pay expenses directly related to the program or service. If a local government has money from any other source available to pay such expenses, that money must be applied to the expenses before any money from the revenue source specified by statute.

    [2.  In any year in which the legislature by law increases or decreases the revenues of a local government, and that increase or decrease was not included or anticipated in the local government’s final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before August 15 of the budget year, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures from that contained in its final budget to the extent of the actual increase or decrease of revenues resulting from the legislative action.


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ê2001 Statutes of Nevada, Page 1805 (Chapter 374, SB 317)ê

 

included or anticipated in the local government’s final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before August 15 of the budget year, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures from that contained in its final budget to the extent of the actual increase or decrease of revenues resulting from the legislative action.

    3.  In any year in which the legislature enacts a law requiring an increase or decrease in expenditures of a local government, which was not anticipated or included in its final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, before August 15 of the budget year, file an amended budget with the department of taxation providing for an increase or decrease in expenditures from that contained in its final budget to the extent of the actual amount made necessary by the legislative action.

    4.  The amended budget, as approved by the department of taxation, is the budget of the local government for the current fiscal year.]

    Sec. 33.  NRS 354.600 is hereby amended to read as follows:

    354.600  Each budget must include:

    1.  Detailed estimates of [budget resources] revenues, balances in other funds and other sources of financing for the budget year classified by funds and sources in a manner and on forms prescribed by the department of taxation.

    2.  Detailed estimates of expenditures and other uses of money for the budget year classified in a manner and on forms prescribed by the department of taxation.

    [3.  A separate statement of the anticipated expense, including personnel, for the operation and maintenance of each capital improvement to be constructed during the budget year and of each capital improvement constructed on or after July 1, 1998, which is to be used during that or a future budget year.

    4.  A separate statement of the proposed source of funding for the operation and maintenance of each capital improvement, including personnel, to be constructed during that budget year.]

    Sec. 34.  NRS 354.603 is hereby amended to read as follows:

    354.603  1.  The board of trustees of any county school district, the board of hospital trustees of any county hospital or the board of trustees of any consolidated library district or district library may establish and administer separate accounts in:

    (a) A bank whose deposits are insured by the Federal Deposit Insurance Corporation;

    (b) A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755; or

    (c) A savings and loan association whose deposits if made by the state, a local government or an agency of either, are insured by the Federal Deposit Insurance Corporation, or the legal successor of the Federal Deposit Insurance Corporation,

for money deposited by the county treasurer which is by law to be administered and expended by those boards.

    2.  The county treasurer shall transfer the money to a separate account pursuant to subsection 1 when the following conditions are met:


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    (a) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.

    (b) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.

    (c) The board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor and the board of county commissioners. The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.

    3.  The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of:

    (a) The county school district fund; and

    (b) The county school district building and sites fund.

    4.  The separate account established by the board of county hospital trustees is designated the county hospital fund.

    5.  The separate account of the board of trustees of the consolidated library district or district library established under the provisions of this section must be composed of:

    (a) The fund for the consolidated library or district library, as appropriate; and

    (b) The [fund for] capital projects fund of the consolidated library or district library, as appropriate.

    6.  No expenditures from an account may be made in excess of the balance of the account.

    7.  Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to, debt service, capital projects, capital outlay and operating expenses.

    8.  The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of money in any separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library is entitled to a hearing before the board of county commissioners.

    Sec. 35.  NRS 354.604 is hereby amended to read as follows:

    354.604  Each local government shall maintain, according to its own needs:

    1.  The following kinds of governmental funds:

    (a) General fund;


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ê2001 Statutes of Nevada, Page 1807 (Chapter 374, SB 317)ê

 

    (b) Special revenue fund;

    (c) [Fund for capital projects; and] Capital projects fund;

    (d) Debt service fund [.] ; and

    (e) Permanent fund.

    2.  The following kinds of proprietary funds:

    (a) Enterprise fund; and

    (b) Internal service fund.

    3.  [Trust and agency funds.

    4.]  The following kinds of [account groups:

    (a) General fixed assets; and

    (b) General long-term debt.] fiduciary funds:

    (a) Pension and other employee benefits funds;

    (b) Investment trust funds;

    (c) Private-purpose trust funds; and

    (d) Agency funds.

    Sec. 36.  NRS 354.608 is hereby amended to read as follows:

    354.608  A contingency account may be established in any governmental fund. The maximum amount which may be appropriated for such a contingency account is 3 percent of the money otherwise appropriated to the fund, exclusive of any amounts to be transferred to other funds. No expenditure may be made directly from such a contingency account, except as a transfer to the appropriate account, and then only in accordance with the procedure established in [NRS 354.606.] section 5 of this act.

    Sec. 37.  NRS 354.6105 is hereby amended to read as follows:

    354.6105  1.  A local government [in a county whose population is 100,000 or more shall] may establish a fund for the extraordinary maintenance, repair or improvement of capital projects. [The local government shall establish within that fund a separate account for each capital project it undertakes, except a capital project for the:

    (a) Construction of public roads;

    (b) Control of floods; or

    (c) Transmission or treatment of water, waste water or sewerage.

The local government shall allocate an amount equal to one-half of 1 percent of the total amount of the bonds sold for each capital project and deposit that amount in the separate account established for that capital project. The proceeds from the sale of those bonds or any other money of the local government may be used to carry out the provisions of this subsection.]

    2.  Any interest and income earned on the money in [an account within] the fund in excess of any amount which is reserved for rebate payments to the Federal Government pursuant to 26 U.S.C. § 148, as amended, or is otherwise required to be applied in a specific manner by the Internal Revenue Code of 1986, as amended, must be credited to [that account.] the fund.

    3.  The money in [each account within] the fund may be used only for the extraordinary maintenance, repair or improvement of the capital [project or a facility which replaces that capital project.] projects or facilities which replace capital projects of the local government that made the deposits into the fund. The money in [each account within] the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than the purpose specified in this subsection. [If the local government sells any capital project for which an account within the fund was established, any balance remaining in that account must be used to reduce the debt of the local government.


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ê2001 Statutes of Nevada, Page 1808 (Chapter 374, SB 317)ê

 

established, any balance remaining in that account must be used to reduce the debt of the local government.

    4.  The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify:

    (a) Each fund and every account within that fund established pursuant to this section and indicate in detail any extraordinary maintenance, repairs or improvements of the capital project that have been paid for with money from the fund; and

    (b) Any planned accumulation of money in each fund and every account within the fund.

The audit report must include a statement by the auditor whether the local government has complied with the provisions of this subsection.]

    Sec. 38.  NRS 354.6115 is hereby amended to read as follows:

    354.6115  1.  The governing body of a local government may, by resolution, establish a fund to stabilize the operation of the local government and mitigate the effects of natural disasters.

    2.  The money in the fund must be used only:

    (a) If the total actual revenue of the local government falls short of the total anticipated revenue in the general fund for the fiscal year in which the local government uses that money; or

    (b) To pay expenses incurred by the local government to mitigate the effects of a natural disaster.

The money in the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than a purpose specified in this subsection.

    3.  The money in the fund may not be used to pay expenses incurred to mitigate the effects of a natural disaster until the governing body of the local government issues a formal declaration that a natural disaster exists. The governing body shall not make such a declaration unless a natural disaster is occurring or has occurred. Upon the issuance of such a declaration, the money in the fund may be used for the payment of the following expenses incurred by the local government as a result of the natural disaster:

    (a) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the natural disaster;

    (b) Any emergency measures undertaken to save lives, protect public health and safety or protect property within the jurisdiction of the local government;

    (c) The removal of debris from publicly or privately owned land and waterways within the jurisdiction of the local government that was undertaken because of the natural disaster;

    (d) Expenses incurred by the local government for any overtime worked by an employee of the local government because of the natural disaster or any other extraordinary expenses incurred by the local government because of the natural disaster; and

    (e) The payment of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the natural disaster within the jurisdiction of the local government.

    4.  The balance in the fund must not exceed 10 percent of the expenditures from the general fund for the previous fiscal year, excluding any federal funds expended by the local government.


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ê2001 Statutes of Nevada, Page 1809 (Chapter 374, SB 317)ê

 

    5.  The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify the fund . [and:

    (a) Indicate in detail the manner in which money in the fund was expended during the previous fiscal year;

    (b) Specify the amount of money, if any, that will be deposited in the fund for the next fiscal year; and

    (c) Identify any planned accumulation of the money in the fund.]

    6.  The audit report prepared for the fund must include a statement by the auditor whether the local government has complied with the provisions of this [subsection.

    6.]  section.

    7.  Any transfer of money from a fund established pursuant to this section must be completed within 90 days after the end of the fiscal year in which the natural disaster for which the fund was established occurs.

    8.  As used in this section:

    (a) “Grant match” has the meaning ascribed to it in NRS 353.2725.

    (b) “Natural disaster” means a fire, flood, earthquake, drought or any other occurrence that:

         (1) Results in widespread or severe damage to property or injury to or the death of persons within the jurisdiction of the local government; and

         (2) As determined by the governing body of the local government, requires immediate action to protect the health, safety and welfare of persons residing within the jurisdiction of the local government.

    Sec. 39.  NRS 354.6116 is hereby amended to read as follows:

    354.6116  A local government, except a school district, that receives revenue from taxes ad valorem from a lessee or user of property which is taxable pursuant to NRS 361.157 or 361.159 shall deposit the revenue in or transfer the revenue to one or more of the funds established by the local government pursuant to NRS [354.611,] 354.6113 or 354.6115 and use that revenue only for the purposes authorized by those sections if the revenue was received in:

    1.  A fiscal year after the fiscal year the taxes were owed; or

    2.  The fiscal year the taxes are owed and the taxes were excluded from the estimate of revenue from taxes ad valorem for the local government pursuant to NRS 354.597.

    Sec. 40.  NRS 354.6117 is hereby amended to read as follows:

    354.6117  1.  Except as otherwise provided in subsection 2, the total amount of money which may be transferred in a fiscal year from the general fund of a local government to the funds established pursuant to NRS [354.611,] 354.6113 and 354.6115 must not exceed 10 percent of the total amount of the budgeted expenditures of the general fund, plus any money transferred from the general fund, other than the money transferred to those funds, for that fiscal year.

    2.  Any money that a local government, pursuant to NRS 354.6116, deposits in or transfers to one or more of the funds established by the local government pursuant to NRS [354.611,] 354.6113 or 354.6115:

    (a) Is not subject to the limitation on the amount of money that a local government may transfer to those funds pursuant to subsection 1.

    (b) Must not be included in the determination of the total amount of money transferred to those funds for the purposes of the limitation set forth in subsection 1.


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ê2001 Statutes of Nevada, Page 1810 (Chapter 374, SB 317)ê

 

    Sec. 41.  NRS 354.612 is hereby amended to read as follows:

    354.612  1.  A local government [may] shall establish by resolution one or more [internal service] funds. The resolution establishing the fund must set forth in detail:

    (a) The object or purpose of the fund;

    (b) The resources to be used to establish the fund;

    (c) The source or sources from which the fund will be replenished; [and]

    (d) The method for controlling expenses and establishing revenues of the fund; and

    (e) The method by which a determination will be made as to whether the balance, reserve or retained earnings of the fund are reasonable and necessary to carry out the purpose of the fund.

    2.  Financial statements and other schedules required for funds must be prepared in accordance with generally accepted accounting principles.

    3.  Upon adoption of a resolution establishing a fund, a local government shall provide an executed copy of the resolution to the department of taxation.

    4.  In establishing [an internal service] a proprietary fund, a local government shall, besides furnishing working capital for the fund, provide that one of its financial objectives is to recover the complete costs of operation of the activity being financed, including overhead, without producing any significant amount of profit in the long run.

    [3.  Financial statements and other schedules required for internal service funds must be prepared in accordance with generally accepted accounting principles.]

    5.  Each enterprise fund established must account for all charges properly related to the purpose of the fund, including, without limitation, debt service, capital outlay and operating expenses. No transfer of equity that may be made available to other funds or functions may be declared in an enterprise fund until after all proper obligations have been charged against the fund.

    Sec. 42.  NRS 354.620 is hereby amended to read as follows:

    354.620  Any unencumbered balance on [a] an accrual or modified accrual basis or any unexpended balance on a cash basis remaining to the credit of any appropriation shall lapse at the end of the fiscal year and shall revert to the available balance of the fund from which appropriated.

    Sec. 43.  NRS 354.624 is hereby amended to read as follows:

    354.624  1.  Each local government shall provide for an annual audit of all of its [:

    (a) Funds;

    (b) Account groups; and

    (c) Separate accounts established pursuant to NRS 354.603.] financial statements.

A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection [5] 6 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government that submits an application for an extension to the department. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government.


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ê2001 Statutes of Nevada, Page 1811 (Chapter 374, SB 317)ê

 

expense of the local government. All audits must be conducted by a certified public accountant [who is certified or registered] or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.

    2.  The annual audit of a school district must:

    (a) Be concluded and the report submitted to the board of trustees as provided in subsection [5] 6 not later than 4 months after the close of the fiscal year for which the audit is conducted.

    (b) If the school district has more than 150,000 pupils enrolled, include an audit of the expenditure by the school district of [all] public money used:

         (1) To design, construct or purchase new buildings for schools or related facilities;

         (2) To enlarge, remodel or renovate existing buildings for schools or related facilities; and

         (3) To acquire sites for building schools or related facilities, or other real property for purposes related to schools.

    3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated and notification of the auditor or firm designated must be sent to the department of taxation not later than 3 months before the close of the fiscal year for which the audit is to be made.

    4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards [, including comment] in the United States, including, findings on compliance with statutes and regulations [, recommendations for improvements and any other comments deemed pertinent by the auditor, including his] and an expression of opinion on the financial statements. The department of taxation shall prescribe the form of the financial statements, and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

    (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; and

    (b) A comparison of the operations of the local government with the approved budget, including a statement from the auditor that indicates whether the governing body has taken action [by adoption as recommended, by adoption with modifications or by rejection on any deficiencies in operations and recommendations for improvements which were noted or made in previous reports;

    (c)] on the audit report for the prior year.

    5.  Each local government shall provide to its auditor:

    (a) A statement [from the auditor that indicates] indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

         (1) An enterprise fund.

         (2) An internal service fund.

         (3) A [trust or agency] fiduciary fund.

         (4) A self-insurance fund.

         (5) A fund whose balance is required by law to be:

             (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or


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ê2001 Statutes of Nevada, Page 1812 (Chapter 374, SB 317)ê

 

             (II) Carried forward to the succeeding fiscal year in any designated amount; and

    [(d)] (b) A list and description of any property conveyed to a nonprofit organization pursuant to NRS 244.287 or 268.058.

    [5.  The recommendations and the summary of the narrative comments]

    6.  The opinion and findings of the auditor contained in the report of the audit must be [read in full] presented at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with [any related letter to the governing body] the management letter required by generally accepted auditing standards in the United States or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

    (a) The clerk or secretary of the governing body;

    (b) The county clerk;

    (c) The department of taxation; and

    (d) In the case of a school district, the department of education.

    [6.] 7.  If an auditor finds evidence of fraud or dishonesty in the financial statements of a local government, the auditor shall report such evidence to the appropriate level of management in the local government.

    8.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

    Sec. 44.  NRS 354.6241 is hereby amended to read as follows:

    354.6241  1.  The statement required by paragraph [(c)] (a) of subsection [4] 5 of NRS 354.624 must indicate for each fund set forth in that paragraph:

    (a) Whether the fund is being used in accordance with the provisions of this chapter.

    (b) Whether the fund is being administered in accordance with generally accepted accounting procedures.

    (c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.

    (d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.

    (e) The statutory and regulatory requirements applicable to the fund.

    (f) The balance and retained earnings of the fund.

    2.  Except as otherwise provided in NRS 354.59891, to the extent that the reserve in any fund set forth in paragraph [(c)] (a) of subsection [4] 5 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.

    Sec. 45.  NRS 354.626 is hereby amended to read as follows:

    354.626  1.  No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment.


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ê2001 Statutes of Nevada, Page 1813 (Chapter 374, SB 317)ê

 

upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities, school districts or special districts, by the district attorney.

    2.  Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

    (a) Purchase of [comprehensive general liability policies] coverage and professional services directly related to a program of insurance which require an audit at the end of the term thereof.

    (b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

    (c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

    (d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

    (e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.

    (f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds or medium-term obligations and that are entered into by the local government after:

         (1) Any election required for the approval of the bonds has been held;

         (2) Any approvals by any other governmental entity required to be obtained before the bonds or medium-term obligations can be issued have been obtained; and

         (3) The ordinance or resolution that specifies each of the terms of the bonds or medium-term obligations, except those terms that are set forth in paragraphs (a) to (e), inclusive, of subsection 2 of NRS 350.165, has been adopted.

Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

    (g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies , services, and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

    (h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.

    (i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

    (j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.


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ê2001 Statutes of Nevada, Page 1814 (Chapter 374, SB 317)ê

 

    Sec. 46.  NRS 354.655 is hereby amended to read as follows:

    354.655  As used in NRS 354.655 to 354.725, inclusive, unless the context requires otherwise:

    1.  “Committee” means the committee on local government finance.

    2.  “Department” means the department of taxation.

    3.  “Executive director” means the executive director of the department of taxation.

    4.  “Local government” means any local government subject to the provisions of the Local Government Budget and Finance Act.

    5.  The words and terms defined in the Local Government Budget and Finance Act have the meanings ascribed to them in that act.

    Sec. 47.  NRS 354.665 is hereby amended to read as follows:

    354.665  1.  If a local government does not file a statement, report or other document as required by the provisions of NRS 350.0035, 354.602, 354.6025, 354.624, 354.6245 or 387.303 within 15 days after the day on which it was due, the executive director shall notify the governing body of the local government in writing that the report is delinquent. The notification must be noted in the minutes of the first meeting of the governing body following transmittal of the notification.

    2.  If the required report is not received by the department within 45 days after the day on which the report was due, the executive director shall notify the governing body that the presence of a representative of the governing body is required at the next practicable scheduled meeting of the [Nevada tax commission] committee to explain the reason that the report has not been filed. The notice must be transmitted to the governing body at least 5 days before the date on which the meeting will be held.

    3.  If an explanation satisfactory to the [Nevada tax commission] committee is not provided at the meeting as requested in the notice and an arrangement is not made for the submission of the report, the [commission] committee may instruct the executive director to request that the state treasurer withhold from the local government the next distribution [of the supplemental city-county relief tax] from the local government tax distribution account if the local government is otherwise entitled to receive such a distribution or of the Local School Support Tax if the local government is a school district. Upon receipt of such a request, the state treasurer shall withhold the payment and all future payments until he is notified by the executive director that the report has been received by the department.

    Sec. 48.  NRS 354.685 is hereby amended to read as follows:

    354.685  1.  If the department finds that one or more of the following conditions exist in any local government, after giving consideration to the severity of the condition, it may determine that one or more hearings should be conducted to determine the extent of the problem and to determine whether a recommendation of severe financial emergency should be made to the Nevada tax commission:

    (a) Required financial reports have not been filed or are consistently late.

    (b) The audit report reflects the unlawful expenditure of money in excess of the amount appropriated in violation of the provisions of NRS 354.626.

    (c) The audit report shows funds with deficit fund balances.

    (d) The local government has incurred debt beyond its ability to repay.

    (e) The local government has not corrected violations of statutes or regulations adopted pursuant thereto as noted in the audit report.


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ê2001 Statutes of Nevada, Page 1815 (Chapter 374, SB 317)ê

 

    (f) The local government has serious internal control problems noted in the audit report which have not been corrected.

    (g) The local government has a record of being late in its payments for services and supplies.

    (h) The local government has had insufficient cash to meet required payroll payments in a timely manner.

    (i) The local government has borrowed money or entered into long-term lease arrangements without following the provisions of NRS or regulations adopted pursuant thereto.

    (j) The governing body of the local government has failed to correct problems after it has been notified of such problems by the department.

    (k) The local government has not separately accounted for its individual funds as required by chapter 354 of NRS.

    (l) The local government has invested its money in financial instruments in violation of the provisions of chapter 355 of NRS.

    (m) The local government is in violation of any covenant in connection with any debt issued by the local government.

    (n) The local government has not made bond and lease payments in accordance with the approved payment schedule.

    (o) The local government has failed to control its assets such that large defalcations have occurred which have impaired the financial condition of the local government.

    (p) The local government has recognized sizeable losses as a result of the imprudent investment of money.

    (q) The local government has allowed its accounting system and recording of transactions to deteriorate to such an extent that it is not possible to measure accurately the results of operations or to ascertain the financial position of the local government without a reconstruction of transactions.

    (r) The local government has consistently issued checks not covered by adequate deposits.

    (s) The local government has loaned and borrowed money between funds without following the proper procedures.

    (t) The local government has expended money in violation of the provisions governing the expenditure of that money.

    (u) Money restricted for any specific use has been expended in violation of the terms and provisions relating to the receipt and expenditure of that money.

    (v) Money has been withheld in accordance with the provisions of NRS 354.665.

    (w) If the local government is a school district, a loan has been made from the state permanent school fund to the school district pursuant to NRS 387.526.

    (x) An employer in the county that accounts for more than 15 percent of the employment in the county has closed or significantly reduced operations.

    (y) The local government has experienced a cumulative decline of 10 percent in population or assessed valuation for the past 2 years.

    (z) The ending balance in the general fund of the local government has declined for the past 2 years.

    (aa) The local government has failed to pay, in a timely manner, contributions to the public employees’ retirement system, workers’ compensation or payroll taxes or fails to pay, at any time, a payment required pursuant to the Federal Insurance Contributions Act.


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ê2001 Statutes of Nevada, Page 1816 (Chapter 374, SB 317)ê

 

compensation or payroll taxes or fails to pay, at any time, a payment required pursuant to the Federal Insurance Contributions Act.

    2.  If the department determines that a condition listed in subsection 1 exists, the department shall:

    (a) Notify the local government about the determination;

    (b) Request from the local government any information that the department deems to be appropriate to determine the extent of the condition; and

    (c) Require the local government to formulate a plan of corrective action to mitigate the possible financial emergency.

    3.  Within 45 days after receiving notification pursuant to subsection 2, a local government shall submit to the committee any information requested by the department and a plan of corrective action.

    4.  The committee shall:

    (a) Review a plan of corrective action submitted by a local government;

    (b) Provide observations and recommendations for the local government; and

    (c) If the committee deems necessary, periodically review the status of the financial operations of the local government.

    5.  The department shall report the observations and recommendations of the committee to the Nevada tax commission.

    6.  In addition to any notice otherwise required, the department shall give notice of any hearing held pursuant to subsection 1 to the governing body of each local government whose jurisdiction overlaps with the jurisdiction of the local government whose financial condition will be considered at least 10 days before the date on which the hearing will be held.

    [3.] 7.  If the department, following the hearing or hearings, determines that a recommendation of severe financial emergency should be made to the Nevada tax commission, it shall make such a recommendation as soon as practicable. Upon receipt of such a recommendation, the Nevada tax commission shall hold a hearing at which the department, the local government whose financial condition will be considered and each local government whose jurisdiction overlaps with the jurisdiction of the local government whose financial condition will be considered are afforded an opportunity to be heard. If, after the hearing, the Nevada tax commission determines that a severe financial emergency exists, it shall require by order that the department take over the management of the local government as soon as practicable.

    8.  As used in this section, “Federal Insurance Contributions Act” means subchapter A of chapter 9 of the Internal Revenue Code of 1939 and subchapters A and B of chapter 21 of the Internal Revenue Code of 1954, as such codes have been and may from time to time be amended.

    Sec. 49.  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;


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ê2001 Statutes of Nevada, Page 1817 (Chapter 374, SB 317)ê

 

    (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 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;

    (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] the department 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 NRS 354.723 and 450.760, 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. 50.  NRS 354.705 is hereby amended to read as follows:

    354.705  1.  As soon as practicable after the department takes over the management of a local government, the executive director shall:

    (a) Determine the total amount of expenditures necessary to allow the local government to perform the basic functions for which it was created;


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ê2001 Statutes of Nevada, Page 1818 (Chapter 374, SB 317)ê

 

    (b) Determine the amount of revenue reasonably expected to be available to the local government; and

    (c) Consider any alternative sources of revenue available to the local government.

    2.  If the executive director determines that the available revenue is not sufficient to provide for the payment of required debt service and operating expenses, he may submit his findings to the committee who shall review the determinations made by the executive director. If the committee determines that additional revenue is needed, it shall prepare a recommendation to the Nevada tax commission as to which one or more of the following additional taxes or charges should be imposed by the local government:

    (a) The levy of a property tax up to a rate which when combined with all other overlapping rates levied in the state does not exceed $4.50 on each $100 of assessed valuation.

    (b) An additional tax on transient lodging at a rate not to exceed 1 percent of the gross receipts from the rental of transient lodging within the boundaries of the local government upon all persons in the business of providing lodging. Any such tax must be collected and administered in the same manner as all other taxes on transient lodging are collected by or for the local government.

    (c) Additional service charges appropriate to the local government.

    (d) If the local government is a county or has boundaries that are conterminous with the boundaries of the county:

         (1) An additional tax on the gross receipts from the sale or use of tangible personal property not to exceed one quarter of 1 percent throughout the county. The ordinance imposing any such tax must include provisions in substance which comply with the requirements of subsections 2 to 5, inclusive, of NRS 377A.030.

         (2) An additional governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except those vehicles exempt from the governmental services tax imposed pursuant to chapter 371 of NRS or a vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations. As used in this subparagraph, “based” has the meaning ascribed to it in NRS 482.011.

    3.  Upon receipt of the plan from the committee, a panel consisting of three members of the Nevada tax commission appointed by the Nevada tax commission and three members of the committee appointed by the committee shall hold a public hearing at a location within the boundaries of the local government in which the severe financial emergency exists after giving public notice of the hearing at least 10 days before the date on which the hearing will be held. In addition to the public notice, the [Nevada tax commission] panel shall give notice to the governing body of each local government whose jurisdiction overlaps with the jurisdiction of the local government in which the severe financial emergency exists.

    4.  After the public hearing [,] conducted pursuant to subsection 3, the Nevada tax commission may adopt the plan as submitted or adopt a revised plan. Any plan adopted pursuant to this section must include the duration for which any new or increased taxes or charges may be collected which must not exceed 5 years.


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ê2001 Statutes of Nevada, Page 1819 (Chapter 374, SB 317)ê

 

    5.  Upon adoption of the plan by the Nevada tax commission, the local government in which the severe financial emergency exists shall impose or cause to be imposed the additional taxes and charges included in the plan for the duration stated in the plan or until the severe financial emergency has been determined by the Nevada tax commission to have ceased to exist.

    6.  The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this section.

    7.  If a plan fails to satisfy the expenses of the local government to the extent expected, the committee shall report such failure to:

    (a) The county for consideration of absorption of services; or

    (b) If the local government is a county, to the next regular session of the legislature.

    Sec. 51.  NRS 4.035 is hereby amended to read as follows:

    4.035  1.  The court administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:

    (a) In court procedure, recordkeeping and the elements of substantive law appropriate to a justice’s court, to each justice of the peace who is first elected or appointed to office after July 1, 1971, and to other justices of the peace who so desire and who can be accommodated, between each general election and January 1 next following.

    (b) In statutory amendments and other developments in the law appropriate to a justice’s court, to all justices of the peace at least once each year.

    2.  Each county shall pay to the supreme court the county’s pro rata share of the costs of that instruction as budgeted for pursuant to the Local Government Budget and Finance Act.

    3.  The supreme court shall deposit with the state treasurer, for credit to the appropriate account of the supreme court, all money received pursuant to subsection 2.

    Sec. 52.  NRS 5.025 is hereby amended to read as follows:

    5.025  1.  The court administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:

    (a) In court procedure, recordkeeping and the elements of substantive law appropriate to a municipal court, to each municipal judge who is first elected or appointed to office after July 1, 1971, and to other such judges who so desire and who can be accommodated, between each election designated for the election of such judges and the date of entering office.

    (b) In statutory amendments and other developments in the law appropriate to a municipal court, to all such judges at convenient intervals.

    2.  Each city shall pay to the supreme court the city’s pro rata share of the costs of such instruction as budgeted for pursuant to the Local Government Budget and Finance Act.

    3.  The supreme court shall deposit with the state treasurer, for credit to the appropriate account of the supreme court, all money received pursuant to subsection 2.

    Sec. 53.  NRS 41.075 is hereby amended to read as follows:

    41.075  No cause of action may be brought against the committee on local government finance created pursuant to [NRS 266.0165,] section 4 of this act, or any of its members, which is based upon:


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ê2001 Statutes of Nevada, Page 1820 (Chapter 374, SB 317)ê

 

    1.  Any act or omission in the execution of, or otherwise in conjunction with, the execution of NRS 354.655 to 354.725, inclusive, or any policy or plan adopted pursuant thereto, whether or not such statute, policy or plan is valid, if the statute, policy or plan has not been declared invalid by a court of competent jurisdiction; or

    2.  The exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the committee on local government finance or member thereof, whether or not the discretion involved is abused.

    Sec. 54.  NRS 218.53881 is hereby amended to read as follows:

    218.53881  1.  There is hereby established a legislative committee to study the distribution among local governments of revenue from state and local taxes consisting of:

    (a) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on government affairs during the immediately preceding session of the legislature;

    (b) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on taxation during the immediately preceding session of the legislature;

    (c) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on government affairs during the immediately preceding session of the legislature; and

    (d) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on taxation during the immediately preceding session of the legislature.

    2.  The committee shall consult with an advisory committee consisting of the executive director of the department of taxation and 10 members who are representative of various geographical areas of the state and are appointed for terms of 2 years commencing on July 1 of each odd-numbered year as follows:

    (a) One member of the committee on local government finance created pursuant to [NRS 266.0165] section 4 of this act appointed by the Nevada League of Cities;

    (b) One member of the committee on local government finance created pursuant to [NRS 266.0165] section 4 of this act appointed by the Nevada Association of Counties;

    (c) One member of the committee on local government finance created pursuant to [NRS 266.0165] section 4 of this act appointed by the Nevada School Trustees Association;

    (d) Three members involved in the government of a county appointed by the Nevada Association of Counties;

    (e) Three members involved in the government of an incorporated city appointed by the Nevada League of Cities; and

    (f) One member who is a member of a board of trustees for a general improvement district appointed by the legislative commission.

The members of the advisory committee are nonvoting members of the committee. When meeting as the advisory committee, the members shall comply with the provisions of chapter 241 of NRS.

    3.  The legislative members of the committee shall elect a chairman from one house of the legislature and a vice chairman from the other house. Each chairman and vice chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.


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ê2001 Statutes of Nevada, Page 1821 (Chapter 374, SB 317)ê

 

    4.  Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the legislature convenes.

    5.  Vacancies on the committee must be filled in the same manner as original appointments.

    6.  The committee shall report annually to the legislative commission concerning its activities and any recommendations.

    Sec. 55.  NRS 244A.615 is hereby amended to read as follows:

    244A.615  As provided by law, the county fair and recreation board shall comply with the provisions of the Local Government Budget and Finance Act.

    Sec. 56.  NRS 271.536 is hereby amended to read as follows:

    271.536  In lieu of issuing bonds or interim securities to defray the cost of an improvement to be constructed by way of a special improvement district, the governing body may advance money to cover that cost from:

    1.  The general fund of the municipality, if the cost of the improvement does not exceed $300,000; or

    2.  [An internal service] A proprietary fund, if the municipality has established [an internal service] a proprietary fund for that purpose pursuant to NRS 354.612.

    Sec. 57.  NRS 278.806 is hereby amended to read as follows:

    278.806  1.  The agency shall establish and maintain an office within the state. The agency may rent property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of the State of Nevada shall be open to inspection and copying during regular office hours.

    2.  The agency shall be deemed to be a local government for the purposes of the Local Government Budget and Finance Act.

    Sec. 57.5.  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.


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ê2001 Statutes of Nevada, Page 1822 (Chapter 374, SB 317)ê

 

    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:

    (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, 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, 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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ê2001 Statutes of Nevada, Page 1823 (Chapter 374, SB 317)ê

 

    (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] Except as otherwise provided in paragraph (c), 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.

    (c) If a local government files a formal appeal with the Bureau of the Census of the United States Department of Commerce concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the governor is greater than the population total issued by the Bureau of the Census, the state treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:

         (1) Equal to or less than the population total initially issued by the Bureau of the Census, the state treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the local government tax distribution account for allocation among the local governments in the county pursuant to subsection 4.

         (2) Greater than the population total initially issued by the Bureau of the Census, the executive director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4 if the population total finally determined pursuant to the appeal had been used and the state treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.


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ê2001 Statutes of Nevada, Page 1824 (Chapter 374, SB 317)ê

 

amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.

    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.

    Sec. 58.  NRS 360.750 is hereby amended to read as follows:

    360.750  1.  A person who intends to locate or expand a business in this state may apply to the commission on economic development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 364A or 374 of NRS.

    2.  The commission on economic development shall approve an application for a partial abatement if the commission makes the following determinations:

    (a) The business is consistent with:

         (1) The state plan for industrial development and diversification that is developed by the commission pursuant to NRS 231.067; and

         (2) Any guidelines adopted pursuant to the state plan.

    (b) The applicant has executed an agreement with the commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this state for a period specified by the commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.

    (c) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

    (d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county or city whose population is 50,000 or more, the business meets at least two of the following requirements:

         (1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

         (2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this state.

         (3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:


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ê2001 Statutes of Nevada, Page 1825 (Chapter 374, SB 317)ê

 

             (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

             (II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.

    (e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county or city whose population is less than 50,000, the business meets at least two of the following requirements:

         (1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

         (2) Establishing the business will require the business to make a capital investment of at least $250,000 in this state.

         (3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:

             (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

             (II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.

    (f) If the business is an existing business, the business meets at least two of the following requirements:

         (1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.

         (2) The business will expand by making a capital investment in this state in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

             (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

             (II) Department, if the business is centrally assessed.

         (3) The average hourly wage that will be paid by the existing business to its new employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:

             (I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and

             (II) The cost to the business for the benefits the business provides to its new employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.

    3.  Notwithstanding the provisions of subsection 2, the commission on economic development may:


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ê2001 Statutes of Nevada, Page 1826 (Chapter 374, SB 317)ê

 

    (a) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;

    (b) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or

    (c) Add additional requirements that a business must meet to qualify for a partial abatement,

if the commission determines that such action is necessary.

    4.  If a person submits an application to the commission on economic development pursuant to subsection 1, the commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the commission will consider the application.

    5.  If the commission on economic development approves an application for a partial abatement, the commission shall immediately forward a certificate of eligibility for the abatement to:

    (a) The department;

    (b) The Nevada tax commission; and

    (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

    6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the executive director of the commission on economic development, furnish the executive director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

    7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

    (a) To meet the requirements set forth in subsection 2; or

    (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

the business shall repay to the department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

    8.  A county treasurer:

    (a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS [354.611,] 354.6113 or 354.6115; and

    (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS [354.611,] 354.6113 and 354.6115.

    9.  The commission on economic development:

    (a) Shall adopt regulations relating to:


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ê2001 Statutes of Nevada, Page 1827 (Chapter 374, SB 317)ê

 

         (1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and

         (2) The notice that must be provided pursuant to subsection 4.

    (b) May adopt such other regulations as the commission on economic development determines to be necessary to carry out the provisions of this section.

    10.  The Nevada tax commission:

    (a) Shall adopt regulations regarding:

         (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

         (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

    (b) May adopt such other regulations as the Nevada tax commission determines to be necessary to carry out the provisions of this section.

    11.  An applicant for an abatement who is aggrieved by a final decision of the commission on economic development may petition for judicial review in the manner provided in chapter 233B of NRS.

    Sec. 59.  NRS 374A.020 is hereby amended to read as follows:

    374A.020  1.  The collection of the tax imposed by NRS 374A.010 must be commenced on the first day of the first calendar quarter that begins at least 30 days after the last condition in subsection 1 of NRS 374A.010 is met.

    2.  The tax must be administered, collected and distributed in the manner set forth in chapter 374 of NRS.

    3.  The board of trustees of the school district shall transfer the proceeds of the tax imposed by NRS 374A.010 from the county school district fund to the fund described in NRS [354.611 which] 354.6105, if the fund has been established by the board of trustees. [The] Any money deposited in the fund described in NRS [354.611] 354.6105 pursuant to this subsection must be accounted for separately in that fund and must only be expended by the board of trustees for the cost of the extraordinary maintenance, extraordinary repair and extraordinary improvement of school facilities within the county.

    Sec. 60.  NRS 387.3045 is hereby amended to read as follows:

    387.3045  If the ending balance of the general fund of a school district has declined for 3 consecutive years, the school district shall submit to the committee on local government finance created pursuant to [NRS 266.0165] section 4 of this act a written explanation of the cause of the decline.

    Sec. 61.  NRS 555.215 is hereby amended to read as follows:

    555.215  1.  Upon the preparation and approval of a budget in the manner required by the Local Government Budget and Finance Act, the board of county commissioners of each county having lands situated in the district shall, by resolution, levy an assessment upon all real property in the county which is in the weed control district.

    2.  Every assessment so levied is a lien against the property assessed.

    3.  Amounts collected in counties other than the county having the larger or largest proportion of the area of the district must be paid over to the board of county commissioners of that county for the use of the district.

    4.  The county commissioners of that county may obtain medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive, of an amount of money not to exceed the total amount of the assessment, to pay the expenses of controlling the weeds in the weed control district.


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ê2001 Statutes of Nevada, Page 1828 (Chapter 374, SB 317)ê

 

of controlling the weeds in the weed control district. The loans may be made only after the assessments are levied.

    Sec. 62.  NRS 555.560 is hereby amended to read as follows:

    555.560  1.  Upon the preparation and approval of a budget in the manner required by the Local Government Budget and Finance Act, the board of county commissioners shall, by resolution, levy an assessment upon all real property in the rodent control district.

    2.  Every assessment so levied shall be a lien against the property assessed.

    3.  The county commissioners may obtain short-term loans of an amount of money not to exceed the total amount of such assessment, for the purpose of paying the expenses of controlling the rodents in a rodent control district. Such loans may be made only after such assessments are levied.

    Sec. 63.  Section 12 of chapter 227, Statutes of Nevada 1975, as amended by chapter 351, Statutes of Nevada 1997, at page 1280, is hereby amended to read as follows:

    Sec. 12.  1.  The provisions of the Local Government Budget and Finance Act, NRS 354.470 to 354.626, inclusive, as now and hereafter amended, apply to the Authority as a local government, and the Authority shall, for purposes of that application, be deemed a district other than a school district.

    2.  The provisions of NRS 350.085 to 350.095, inclusive, apply to the Authority.

    Sec. 64.  Section 2.060 of chapter 470, Statutes of Nevada 1975, at page 730, is hereby amended to read as follows:

    Sec. 2.060  Powers of city council: Ordinances, resolutions and orders.

    1.  The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.

    2.  When power is conferred upon the city council to do and perform something, and the manner of exercising such power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.

    3.  The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.

    4.  The city council shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred upon the governing bodies of cities by Nevada Revised Statutes.

    5.  The city council shall annually adopt a budget pursuant to the Local Government Budget and Finance Act.

    Sec. 65.  Section 9 of chapter 474, Statutes of Nevada 1977, at page 970, as last amended by chapter 121, Statutes of Nevada 1991, at page 205, is hereby amended to read as follows:

    Sec. 9  1.  Except as otherwise provided in subsection 2, the board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget and Finance Act.

    2.  Except as otherwise provided in section 10.2 of this act, any concession agreement entered into by the authority in conformity with the provisions of that section need not conform to the requirements of the Local Government Purchasing Act.


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ê2001 Statutes of Nevada, Page 1829 (Chapter 374, SB 317)ê

 

the provisions of that section need not conform to the requirements of the Local Government Purchasing Act.

    Sec. 66.  Section 8 of chapter 844, Statutes of Nevada 1989, at page 2026, is hereby amended to read as follows:

    Sec. 8.  The board shall comply with the provisions of the Nevada Ethics in Government Law, NRS 241.020, the Local Government Purchasing Act and the Local Government Budget and Finance Act.

    Sec. 67.  Section 19 of chapter 572, Statutes of Nevada 1997, at page 2803, is hereby amended to read as follows:

    Sec. 19.  The provisions of [subsection 1 of] NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 68.  NRS 266.0165, 354.478, 354.480, 354.481, 354.488, 354.514, 354.522, 354.540, 354.542, 354.551, 354.558, 354.564, 354.566, 354.576, 354.580, 354.588, 354.595, 354.5984, 354.59871, 354.59872, 354.606, 354.610, 354.6107, 354.611, 354.6145, 354.615, 354.621 and 354.622 are hereby repealed.

    Sec. 69.  1.  This section and sections 1 to 9, inclusive, 11 to 28, inclusive, 30 to 43, inclusive, 45 to 49, inclusive, and 51 to 68, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 10, 29, 44 and 50 of this act become effective at 12:01 a.m. on July 1, 2001.

________

 

CHAPTER 375, SB 405

Senate Bill No. 405–Committee on Human Resources and Facilities

 

CHAPTER 375

 

AN ACT relating to podiatry; authorizing a podiatric physician who is licensed by the state board of podiatry to amputate toes under certain circumstances; prohibiting a county hospital from denying a podiatric physician admission to the staff of the hospital under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 635.085 is hereby amended to read as follows:

    635.085  1.  Except as otherwise provided in subsection 2, a podiatric physician licensed by the board may:

    (a) Administer electricity to the foot or leg by means including electrodes, machinery and rays.

    (b) Use his hands and machinery to work upon the foot or leg and its articulations.

    (c) Apply any mechanical appliance to the foot or leg or in the shoe to treat any disease, deformity or ailment.

    (d) Apply pads, adhesives, felt, plasters and any medicine to the foot and leg.

    (e) Prescribe and dispense controlled substances and dangerous drugs.

    (f) Construct models of the feet.

    (g) Administer a local anesthetic.


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ê2001 Statutes of Nevada, Page 1830 (Chapter 375, SB 405)ê

 

    (h) Use any cutting instrument to treat a disease, ailment or condition.

    (i) Treat the effects of a systemic disease upon the foot or leg.

    (j) Amputate a toe if he:

         (1) Performs the amputation in a hospital as defined in NRS 449.012 or a surgical center for ambulatory patients as defined in NRS 449.019;

         (2) Is authorized by the hospital or surgical center to perform the amputation;

         (3) Has completed a program of surgical training as a resident and provides proof satisfactory to the hospital or surgical center of his completion of the program;

         (4) Complies with any other requirements established by the hospital or surgical center; and

         (5) Performs the amputation in accordance with the standard of care required for a physician licensed pursuant to chapter 630, 630A or 633 of NRS.

    2.  A podiatric physician shall not:

    (a) Treat any other effect of a systemic disease unless the disease originates in the foot or leg.

    (b) Amputate a leg [, foot or toe.] or foot.

    Sec. 2.  NRS 450.006 is hereby amended to read as follows:

    450.006  “Allied health profession” means:

    1.  Psychology as defined in chapter 641 of NRS; or

    2.  [Podiatry as defined in chapter 635 of NRS; or

    3.]  Oriental medicine or acupuncture as defined in chapter 634A of NRS.

    Sec. 3.  NRS 450.430 is hereby amended to read as follows:

    450.430  1.  In the management of the public hospital, no discrimination may be made against physicians , podiatric physicians or dentists licensed under the laws of [Nevada or duly] this state or licensed practitioners of the allied health professions, and all such physicians, dentists , podiatric physicians and practitioners have privileges in treating patients in the hospital in accordance with their training and ability, except that practitioners of the allied health professions may not be members of the staff of physicians described in NRS 450.440. Practitioners of the allied health professions are subject to the bylaws and regulations established by the board of hospital trustees.

    2.  The patient has the right to employ, at his own expense, his own physician, if [such] that physician is a member of the hospital staff, or his own nurse, and when acting for any patient in [such] the hospital , the physician employed by [such] the patient has charge of the care and treatment of the patient , [;] and the nurses [therein are as to such patient subject to] in the hospital shall comply with the directions of [such physician, subject always to the general] the physician concerning that patient, subject to the regulations established by the board of hospital trustees.

    Sec. 4.  NRS 450.440 is hereby amended to read as follows:

    450.440  1.  The board of hospital trustees shall organize a staff of physicians composed of [every] each regular practicing physician , podiatric physician and dentist in the county in which the hospital is located who requests staff membership and meets the standards [fixed by] set forth in the regulations [laid down] prescribed by the board of hospital trustees.


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ê2001 Statutes of Nevada, Page 1831 (Chapter 375, SB 405)ê

 

    2.  The staff shall organize in a manner prescribed by the board so that there is a rotation of service among the members of the staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.

    3.  No member of the staff [nor] or any other physician who attends an indigent patient may receive any compensation for his services except as otherwise provided in NRS 450.180 or to the extent that the medical care is paid for by any governmental authority or any private medical care program.

    4.  The board of hospital trustees or the board of county commissioners may offer the following assistance to members of the staff [in order] to attract and retain them:

    (a) Establishment of clinic or group practice;

    (b) Malpractice insurance coverage under the hospital’s policy of professional liability insurance;

    (c) Professional fee billing; and

    (d) The opportunity to rent office space in facilities owned or operated by the hospital, as the space is available, if this opportunity is offered to all members of the staff on the same terms and conditions.

________

 

CHAPTER 376, SB 504

Senate Bill No. 504–Committee on Finance

 

CHAPTER 376

 

AN ACT relating to the department of prisons; revising provisions relating to the appointment of wardens by the department of prisons; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 209.161 is hereby amended to read as follows:

    209.161  1.  The director shall appoint a warden for each institution of the department.

    2.  Each warden is in the classified service of the state except for purposes of appointment and retention.

    3.  Each warden is responsible to the director for the administration of his institution, including the execution of all policies and the enforcement of all regulations of the department pertaining to the custody, care and training of offenders under his jurisdiction.

    Sec. 2.  NRS 284.150 is hereby amended to read as follows:

    284.150  1.  The classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created which are not included in the unclassified service, and which provide services for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.


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ê2001 Statutes of Nevada, Page 1832 (Chapter 376, SB 504)ê

 

    2.  Appointments in the classified service must be made according to merit and fitness from eligible lists prepared upon the basis of examination, which must be open and competitive, except as otherwise provided in this chapter [.] and NRS 209.161.

    3.  Except as otherwise provided in NRS 193.105 , 209.161 and 416.070, a person must not be appointed, transferred, promoted, demoted or discharged as an officer, clerk, employee or laborer in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith.

    4.  A person must not be discriminated against on account of his religious opinions or affiliations, race, sex, age or disability.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 377, SB 522

Senate Bill No. 522–Committee on Transportation

 

CHAPTER 377

 

AN ACT relating to the state financial administration; clarifying certain provisions governing use of money in the state highway fund; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 481.083 is hereby amended to read as follows:

    481.083  1.  Except for the operation of the investigation division, the division of emergency management, the state fire marshal division, the division of parole and probation, and the capitol police division of the department, money for the administration of the provisions of this chapter must be provided by direct legislative appropriation or authorization from the state highway fund upon the presentation of budgets in the manner required by law.

    2.  All money provided for the support of the department and its various divisions must be paid out on claims approved by the director in the same manner as other claims against the state are paid.

    Sec. 2.  NRS 482.180 is hereby amended to read as follows:

    482.180  1.  The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

    2.  The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.

    3.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.


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ê2001 Statutes of Nevada, Page 1833 (Chapter 377, SB 522)ê

 

    4.  All money received or collected by the department for the basic vehicle privilege tax must be deposited in the local government tax distribution account, created by NRS 360.660, for credit to the [appropriate county pursuant to subsection 6.] county for which it was collected.

    5.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation or authorization from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation [,] or authorization, the department shall pay every item of expense.

    6.  The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

    Carson City............... 1.07 percent                Lincoln................... 3.12 percent

    Churchill.................... 5.21 percent                Lyon....................... 2.90 percent

    Clark........................ 22.54 percent                Mineral................... 2.40 percent

    Douglas...................... 2.52 percent                Nye......................... 4.09 percent

    Elko.......................... 13.31 percent                Pershing.................. 7.00 percent

    Esmeralda................. 2.52 percent                Storey.....................   .19 percent

    Eureka....................... 3.10 percent                Washoe................ 12.24 percent

    Humboldt.................. 8.25 percent                White Pine............. 5.66 percent

    Lander....................... 3.88 percent

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.

    7.  The department shall withhold 6 percent from the amount of privilege tax collected by the department as a commission. From the amount of privilege tax collected by a county assessor, the state controller shall credit 1 percent to the department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor.

    8.  When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

    9.  If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.

    Sec. 3.  NRS 459.735 is hereby amended to read as follows:

    459.735  1.  The contingency account for hazardous materials is hereby created in the state general fund.

    2.  The commission shall administer the contingency account for hazardous materials, and the money in the account may be expended only for:

    (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

    (b) Carrying out the provisions of Public Law 99-499 and Title I of Public Law 93-633;

    (c) Maintaining and supporting the operations of the commission and local emergency planning committees;

    (d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and


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ê2001 Statutes of Nevada, Page 1834 (Chapter 377, SB 522)ê

 

    (e) The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045.

    3.  All money received by this state as a result of Public Law 99-499 or Title I of Public Law 93-633 must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. In addition, all money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. The state controller shall transfer from the contingency account to the operating account of the state fire marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the state fire marshal for use pursuant to paragraph (e) of subsection 2.

    4.  Upon the presentation of budgets in the manner required by law, money to support the operation of the commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation or authorization from the state highway fund to the contingency account for hazardous materials.

    5.  The interest and income earned on the money in the contingency account for hazardous materials, after deducting any applicable charges, must be credited to the account.

    6.  All claims against the contingency account for hazardous materials must be paid as other claims against the state are paid.

    Sec. 4.  Section 30 of Senate Bill No. 59 of this session is hereby amended to read as follows:

    Sec. 30.  NRS 482.180 is hereby amended to read as follows:

    482.180  1.  The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

    2.  The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.

    3.  Any check accepted by the department in payment of [vehicle privilege] the governmental services tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

    4.  All money received or collected by the department for the basic [vehicle privilege] governmental services tax must be deposited in the local government tax distribution account, created by NRS 360.660, for credit to the county for which it was collected.

    5.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation or authorization from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation or authorization, the department shall pay every item of expense.

    6.  The [privilege] governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 


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ê2001 Statutes of Nevada, Page 1835 (Chapter 377, SB 522)ê

 

Carson City.......... 1.07 percent                Lincoln................... 3.12 percent

Churchill............... 5.21 percent                Lyon....................... 2.90 percent

Clark................... 22.54 percent                Mineral................... 2.40 percent

Douglas................. 2.52 percent                Nye......................... 4.09 percent

Elko..................... 13.31 percent                Pershing.................. 7.00 percent

Esmeralda............ 2.52 percent                Storey.....................   .19 percent

Eureka................... 3.10 percent                Washoe................ 12.24 percent

Humboldt............. 8.25 percent                White Pine............. 5.66 percent

Lander................... 3.88 percent               

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.

    7.  The department shall withhold 6 percent from the amount of [privilege] the governmental services tax collected by the department as a commission. From the amount of [privilege] the governmental services tax collected by a county assessor, the state controller shall credit 1 percent to the department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor.

    8.  When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

    9.  If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 378, AB 225

Assembly Bill No. 225–Assemblymen Freeman, Anderson, Gibbons, Williams, Chowning, Arberry, Bache, Beers, Berman, Buckley, Collins, Giunchigliani, Goldwater, Humke, Lee, Leslie, Manendo, Nolan, Parks, Parnell, Price, Smith and Tiffany

 

Joint Sponsors: Senators Rawson, Schneider, Neal, O’Connell, Townsend, Amodei, Mathews and Shaffer

 

CHAPTER 378

 

AN ACT relating to meetings of public bodies; requiring a public body to give written notice to person against whom the public body is considering taking administrative action or property by eminent domain; revising the definition of “meeting” to include and exclude certain gatherings of members of a public body; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 241 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A public body shall not consider at a meeting whether to:


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ê2001 Statutes of Nevada, Page 1836 (Chapter 378, AB 225)ê

 

    (a) Take administrative action against a person; or

    (b) Acquire real property owned by a person by the exercise of the power of eminent domain,

unless the public body has given written notice to that person of the time and place of the meeting.

    2.  The written notice required pursuant to subsection 1 must be:

    (a) Delivered personally to that person at least 5 working days before the meeting; or

    (b) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.

A public body must receive proof of service of the written notice provided to a person pursuant to this section before the public body may consider a matter set forth in subsection 1 relating to that person at a meeting.

    3.  The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020.

    Sec. 2.  NRS 241.015 is hereby amended to read as follows:

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

    1.  “Action” means:

    (a) A decision made by a majority of the members present during a meeting of a public body;

    (b) A commitment or promise made by a majority of the members present during a meeting of a public body;

    (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of the public body; or

    (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

    2.  “Meeting” [means the] :

    (a) Except as otherwise provided in paragraph (b), means:

         (1) The gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

         (2) Any series of gatherings of members of a public body at which:

             (I) Less than a quorum is present at any individual gathering;

             (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

             (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.

    (b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present:

         (1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

         (2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.

    3.  Except as otherwise provided in this subsection, “public body” means any administrative, advisory, executive or legislative body of the state or a local government which expends or disburses or is supported in whole or in


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ê2001 Statutes of Nevada, Page 1837 (Chapter 378, AB 225)ê

 

part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405. “Public body” does not include the legislature of the State of Nevada.

    4.  “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.

________

 

CHAPTER 379, AB 229

Assembly Bill No. 229–Assemblymen Bache, Perkins, Leslie, Gibbons, Giunchigliani, Anderson, Arberry, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Claborn, Collins, Freeman, Goldwater, Hettrick, Humke, Koivisto, Lee, McClain, Mortenson, Neighbors, Nolan, Parks, Parnell, Price, Smith, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Wiener, Neal, Care, Rawson, O’Connell, Amodei, Carlton, Coffin, Mathews, McGinness, Porter, Schneider, Shaffer and Titus

 

CHAPTER 379

 

AN ACT relating to motor vehicles; declaring a prospective increase in the number of applications that must be received by the department of motor vehicles and public safety before the department may design, prepare or issue future special license plates; revising the amount of the fee for the initial issuance of a special license plate that must be deposited in the revolving account for the issuance of special license plates; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

    If a new special license plate is authorized by an act of the legislature after January 1, 2003, the legislature will direct that the license plate not be designed, prepared or issued by the department unless the department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the legislature that authorized the plate.

    Sec. 2.  NRS 482.1805 is hereby amended to read as follows:

    482.1805  1.  The revolving account for the issuance of special license plates is hereby created as a special account in the motor vehicle fund. [Twenty-five percent] An amount equal to $35 of the fee received by the department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the motor vehicle fund for credit to the account.


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ê2001 Statutes of Nevada, Page 1838 (Chapter 379, AB 229)ê

 

    2.  The department shall use the money in the account to pay the expenses involved in issuing special license plates.

    3.  Money in the account must be used only for the purpose specified in subsection 2.

    4.  At the end of each fiscal year, the state controller shall transfer from the account to the state highway fund an amount of money equal to the balance in the account which exceeds $50,000.

________

 

CHAPTER 380, AB 235

Assembly Bill No. 235–Committee on Ways and Means

 

CHAPTER 380

 

AN ACT making a supplemental appropriation to the Department of Business and Industry for an unanticipated shortfall in the money budgeted for salaries for meeting expenses and salaries for personnel in the Nevada Athletic Commission.

 

[Approved: June 5, 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 Department of Business and Industry the sum of $3,215 for an unanticipated shortfall in the money budgeted for meeting expenses and salaries for personnel in the Nevada Athletic Commission. This appropriation is supplemental to that made by section 23 of chapter 571, Statutes of Nevada 1999, at page 2983.

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

________

 

CHAPTER 381, AB 248

Assembly Bill No. 248–Committee on Health and Human Services

 

CHAPTER 381

 

AN ACT relating to children; requiring the adoption of regulations governing the provision of certain information to foster or adoptive parents; revising certain provisions governing procedures for the protection of children from abuse and neglect; clarifying and limiting certain provisions regarding the imposition of civil sanctions for the disclosure of confidential information; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 424.038 is hereby amended to read as follows:

    424.038  1.  Before placing, and during the placement of, a child in a family foster home, the division shall provide to the provider of family foster care such information relating to the child as is necessary to ensure the health and safety of the child and the other residents of the family foster home. This information must include the medical history and previous behavior of the child to the extent that such information is available.


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ê2001 Statutes of Nevada, Page 1839 (Chapter 381, AB 248)ê

 

    2.  The provider of family foster care may , at any time before, during or after the placement of the child in his family foster home, request information about the child from the division. After the child has left the care of the provider, the division shall provide the information requested by the provider, unless the information is otherwise declared to be confidential by law or the division determines that providing the information is not in the best interests of the child.

    3.  The provider of family foster care shall maintain the confidentiality of information obtained pursuant to this section under the terms and conditions otherwise required by law.

    4.  The division shall adopt regulations specifying the procedure and format for the provision of information pursuant to this section, which may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the provider of family foster care may also obtain the information set forth in subsections 1 and 2.

    Sec. 2.  Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An agency that obtains legal custody of a child pursuant to NRS 432B.550 shall:

    (a) Adopt a plan for the permanent placement of the child for review by the court at a hearing conducted pursuant to NRS 432B.590; and

    (b) Make reasonable efforts to finalize the permanent placement of the child in accordance with the plan adopted pursuant to paragraph (a). The provisions of subsections 4, 5 and 6 of NRS 432B.393 shall be deemed to apply to the reasonable efforts required by this paragraph.

    2.  If the child is not residing in his home and has been in foster care for 14 or more of the immediately preceding 20 months, the agency shall include the termination of parental rights to the child in the plan for the permanent placement of the child, unless the agency determines that:

    (a) The child is in the care of a relative;

    (b) The plan for the child requires the agency to make reasonable efforts pursuant to NRS 432B.393 to reunify the family of the child, and the agency has not provided to the family, consistently within the period specified in the plan for the child, such services as the agency deems necessary for the safe return of the child to his home; or

    (c) There are compelling reasons, which are documented in the plan for the child, for concluding that the filing of a petition to terminate parental rights to the child would not be in the best interests of the child.

    Sec. 3.  NRS 432B.190 is hereby amended to read as follows:

    432B.190  The division of child and family services shall adopt [regulations] :

    1.  Regulations establishing reasonable and uniform standards for:

    [1.] (a) Protective services provided in this state;

    [2.] (b) Programs for the prevention of abuse or neglect of a child;

    [3.] (c) The development of local councils involving public and private organizations;

    [4.] (d) Reports of abuse or neglect, records of these reports and the response to these reports;

    [5.] (e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide protective services enter into agreements to provide services to children and families;


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ê2001 Statutes of Nevada, Page 1840 (Chapter 381, AB 248)ê

 

    [6.] (f) The management and assessment of reported cases of abuse or neglect;

    [7.] (g) The protection of the legal rights of parents and children;

    [8.] (h) Emergency shelter for a child;

    [9.] (i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

    [10.] (j) Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;

    [11.] (k) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and section 2 of this act during all stages of the proceeding; and

    [12.] (l) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child [.] ; and

    2.  Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive, and section 2 of this act.

    Sec. 4.  NRS 432B.260 is hereby amended to read as follows:

    432B.260  1.  Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides protective services of any report it receives.

    2.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

    (a) The child is 5 years of age or younger;

    (b) There is a high risk of serious harm to the child; or

    (c) The child is [dead,] living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.

    3.  Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides protective services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

    (a) The child is not in imminent danger of harm;

    (b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens his immediate health or safety;

    (c) The alleged abuse or neglect could be eliminated if the child and his family receive or participate in social or health services offered in the community, or both; or

    (d) The agency determines that the:

         (1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment, including, without limitation, spanking or paddling; and

         (2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.


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ê2001 Statutes of Nevada, Page 1841 (Chapter 381, AB 248)ê

 

    4.  If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.

    5.  Except as otherwise provided in this subsection, if the agency determines that an investigation is not warranted, the agency may, as appropriate:

    (a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person [that] who has entered into an agreement with the agency to provide those services; or

    (b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person [that] who has entered into a written agreement with the agency to make such an assessment.

If an agency determines that an investigation is not warranted for the reason set forth in paragraph (d) of subsection 3, the agency shall take no further action in regard to the matter and shall expunge all references to the matter from its records.

    6.  If an agency which provides protective services enters into an agreement with a person to provide services to a child or his family pursuant to subsection 5, the agency shall require the person to notify the agency if the child or his family refuse or fail to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.

    7.  An agency which provides protective services that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.

    8.  An agency which provides protective services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

    Sec. 5.  NRS 432B.290 is hereby amended to read as follows:

    432B.290  1.  Except as otherwise provided in subsections 2 [and 3,] , 5 and 6, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

    (a) A physician, if the physician has before him a child who he has reasonable cause to believe has been abused or neglected;

    (b) A person authorized to place a child in protective custody, if the person has before him a child who he has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

    (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

         (1) The child; or

         (2) The person responsible for the welfare of the child;

    (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

    (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

    (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;


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ê2001 Statutes of Nevada, Page 1842 (Chapter 381, AB 248)ê

 

    (g) The attorney and the guardian ad litem of the child;

    (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

    (i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

    (j) A person or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

    (k) A team organized pursuant to NRS 432B.350 for the protection of a child;

    [(k)] (l) A team organized pursuant to NRS 432B.405 to review the death of a child;

    [(l)] (m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

    [(m)] (n) The persons who are the subject of a report;

    [(n)] (o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

    [(o)] (p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

         (1) The identity of the person making the report is kept confidential; and

         (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

    [(p)] (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

    [(q)] (r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency;

    (s) The rural advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604; or

    [(r)] (t) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide protective services.

    2.  Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of a report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

    (a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;


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ê2001 Statutes of Nevada, Page 1843 (Chapter 381, AB 248)ê

 

    (b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

    (c) Such other information as is authorized for disclosure by a court pursuant to subsection 4.

    3.  An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning a report.

    4.  Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

    5.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

    (a) A copy of:

         (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

         (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

    (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

    [3.] 6.  An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

    [4.] 7.  Any person, except for:

    (a) The subject of a report;

    (b) A district attorney or other law enforcement officer initiating legal proceedings; or

    (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

who is given access, pursuant to subsection 1 [,] or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

    [5.] 8.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

    Sec. 6.  NRS 432B.393 is hereby amended to read as follows:

    432B.393  1.  Except as otherwise provided in this section, an agency which provides protective services shall make reasonable efforts to preserve and reunify the family of a child :

    (a) Before the placement of the child in foster care, to prevent or eliminate the need for his removal from his home ; and [to]

    (b) To make it possible for his safe return to his home.


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ê2001 Statutes of Nevada, Page 1844 (Chapter 381, AB 248)ê

 

    2.  In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides protective services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency which provides protective services shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.

    3.  An agency which provides protective services is not required to make the reasonable efforts required by subsection 1 if the court finds that:

    (a) A parent or other primary caretaker of the child has:

         (1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;

         (2) Caused the abuse or neglect of the child, or of another child of the parent or primary caretaker, which resulted in substantial bodily harm to the abused or neglected child;

         (3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to his home would result in an unacceptable risk to the health or welfare of the child; or

         (4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;

    (b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;

    (c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;

    (d) The child or a sibling of the child was previously removed from his home, adjudicated to have been abused or neglected, returned to his home and subsequently removed from his home as a result of additional abuse or neglect;

    (e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:

         (1) Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or

         (2) Is entitled to seek custody of the child but fails to do so within 60 days after learning that the child was placed in foster care; or

    (f) The child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act.] session.

    4.  Except as otherwise provided in subsection 6, for the purposes of this section, unless the context otherwise requires, “reasonable efforts” have been made if an agency which provides protective services to children with legal custody of a child has exercised diligence and care in arranging appropriate and available services for the child, with the health and safety of the child as its paramount concerns. The exercise of such diligence and care includes, without limitation, obtaining necessary and appropriate information concerning the child for the purposes of NRS 127.152, 127.410 and 424.038.


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ê2001 Statutes of Nevada, Page 1845 (Chapter 381, AB 248)ê

 

care includes, without limitation, obtaining necessary and appropriate information concerning the child for the purposes of NRS 127.152, 127.410 and 424.038.

    5.  In determining whether reasonable efforts have been made pursuant to subsection 4, the court shall:

    (a) Evaluate the evidence and make findings based on whether a reasonable person would conclude that reasonable efforts were made;

    (b) Consider any input from the child;

    (c) Consider the efforts made and the evidence presented since the previous finding of the court concerning reasonable efforts;

    (d) Consider the diligence and care that the agency is legally authorized and able to exercise;

    (e) Recognize and take into consideration the legal obligations of the agency to comply with any applicable laws and regulations;

    (f) Base its determination on the circumstances and facts concerning the particular family or plan for the permanent placement of the child at issue;

    (g) Consider whether the provisions of subsection 6 are applicable; and

    (h) Consider any other matters the court deems relevant.

    6.  An agency which provides protective services may satisfy the requirement of making reasonable efforts pursuant to this section by taking no action concerning a child or making no effort to provide services to a child if it is reasonable, under the circumstances, to do so.

    Sec. 7.  NRS 432B.396 is hereby amended to read as follows:

    432B.396  The division of child and family services shall:

    1.  Establish a panel comprised of volunteer members to evaluate the extent to which agencies which provide protective services are effectively discharging their responsibilities for the protection of children.

    2.  Adopt regulations to carry out the provisions of subsection 1 which must include, without limitation, the imposition of appropriate restrictions on the disclosure of information obtained by the panel and civil sanctions for the violation of those restrictions. The civil sanctions may provide for the imposition in appropriate cases of a civil penalty of not more than $500. The division may bring an action to recover any civil penalty imposed and shall deposit any money recovered with the state treasurer for credit to the state general fund.

    Sec. 8.  NRS 432B.440 is hereby amended to read as follows:

    432B.440  The agency which provides protective services shall assist the court during all stages of any proceeding in accordance with NRS 432B.410 to 432B.590, inclusive [.] , and section 2 of this act.

    Sec. 9.  NRS 432B.480 is hereby amended to read as follows:

    432B.480  1.  At each hearing conducted pursuant to NRS 432B.470:

    (a) At the commencement of the hearing , [on protective custody,] the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.

    [2.  If the court finds, as a result of the hearing that]

    (b) The court shall determine whether there is reasonable cause to believe [:

    (a) That the child may be harmed if released from protective custody; or

    (b) A parent or other person responsible for the child’s welfare is not available to care for the child,] that it would be:


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ê2001 Statutes of Nevada, Page 1846 (Chapter 381, AB 248)ê

 

         (1) Contrary to the welfare of the child for him to reside at his home; or

         (2) In the best interests of the child to place him outside of his home.

The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court makes an affirmative finding regarding either subparagraph (1) or (2), the court shall issue an order keeping the child in protective custody pending a disposition by the court.

    [3.] 2.  If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:

    (a) Place the child in the temporary custody of a grandparent, great-grandparent or other person related within the third degree of consanguinity to the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes, regardless of whether the relative resides within this state; or

    (b) Grant the grandparent, great-grandparent or other person related within the third degree of consanguinity to the child a reasonable right to visit the child while he is in protective custody.

    [4.] 3.  If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order his immediate release.

    [5.] 4.  If a child is placed with any person who resides outside this state, the placement must be in accordance with NRS 127.330.

    Sec. 10.  NRS 432B.530 is hereby amended to read as follows:

    432B.530  1.  An adjudicatory hearing must be held within 30 days after the filing of the petition, unless good cause is shown.

    2.  At the hearing, the court shall inform the parties of the specific allegations in the petition and give them an opportunity to admit or deny them. If the allegations are denied, the court shall hear evidence on the petition.

    3.  In adjudicatory hearings , all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their attorney must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.

    4.  The court may require the child to be present in court at the hearing.

    5.  If the court finds by a preponderance of the evidence that the child [is] was in need of protection [,] at the time of his removal from his home, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.

    Sec. 11.  NRS 432B.540 is hereby amended to read as follows:

    432B.540  1.  If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides protective services, concerning:

    (a) Except as otherwise provided in paragraph (b), the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case; or


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ê2001 Statutes of Nevada, Page 1847 (Chapter 381, AB 248)ê

 

and social background of his family, its financial situation and other matters relevant to the case; or

    (b) If the child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act,] session, any matters relevant to the case.

    2.  If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include:

    (a) A description of the type, safety and appropriateness of the home or institution in which the child could be placed, a plan for ensuring that he would receive safe and proper care and a description of his needs;

    (b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to ensure his permanent placement;

    (c) The appropriateness of the services to be provided under the plan; and

    (d) A description of how the order of the court will be carried out.

    [3.  If the child is not residing in his home, the agency shall include as a part of the plan for the permanent placement of the child, established pursuant to NRS 432B.590, a recommendation to terminate parental rights unless it determines that initiating a petition for the termination of parental rights is not in the best interests of the child. If the agency conclusively determines that initiating a petition for the termination of parental rights is not in the best interests of the child, it shall include a full explanation of the basis for the determination as part of the plan.]

    Sec. 12.  NRS 432B.550 is hereby amended to read as follows:

    432B.550  1.  If the court finds that a child is in need of protection, it [shall determine whether the agency which provides protective services has made the reasonable efforts required by subsection 1 of NRS 432B.393. The court] may, by its order, after receipt and review of the report from the agency which provides protective services:

    (a) Permit the child to remain in the temporary or permanent custody of his parents or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

    (b) Place him in the temporary or permanent custody of a relative or other person who the court finds suitable to receive and care for him with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

    (c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services, or a private agency or institution licensed by the department of human resources to care for such a child; or

    (d) Commit him to the custody of the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home, in accordance with chapter 423 of NRS.

In carrying out this subsection, the court may, in its sole discretion [,] and in compliance with the requirements of chapter 159 of NRS, consider an application [pursuant to chapter 159 of NRS] for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.


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ê2001 Statutes of Nevada, Page 1848 (Chapter 381, AB 248)ê

 

    2.  If, pursuant to subsection 1, a child is placed other than with a parent:

    (a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.

    (b) The court shall set forth good cause why the child was placed other than with a parent.

    3.  If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.

    4.  Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act] session and the location of the parent is unknown, the report need not be sent to that parent.

    5.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to placing the child:

    (a) With any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.

    (b) If practicable, together with his siblings.

Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of his home. If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.

    6.  Within 60 days after the removal of a child from his home, the court shall:

    (a) Determine whether:

         (1) The agency which provides protective services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or

         (2) No such efforts are required in the particular case; and

    (b) Prepare an explicit statement of the facts upon which its determination is based.

    Sec. 13.  NRS 432B.555 is hereby amended to read as follows:

    432B.555  In any proceeding held pursuant to NRS 432B.410 to [432B.600,] 432B.590, inclusive, and section 2 of this act, if the court determines that a custodial parent or guardian of a child who has been placed in protective custody has ever been convicted of a violation of NRS 200.508, the court shall not release the child to that custodial parent or guardian unless the court finds by clear and convincing evidence presented at the proceeding that no physical or psychological harm to the child will result from his release to that parent or guardian.

    Sec. 14.  NRS 432B.590 is hereby amended to read as follows:

    432B.590  1.  [Except as otherwise provided in NRS 432B.600, the] The court shall hold a hearing concerning the permanent placement of a child:

    (a) Not later than 12 months after the initial removal of the child from his home and annually thereafter.


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ê2001 Statutes of Nevada, Page 1849 (Chapter 381, AB 248)ê

 

    (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.

Notice of this hearing must be given by registered or certified mail to all of the persons to whom notice must be given pursuant to subsection 4 of NRS 432B.580.

    2.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 an opportunity to be heard at the hearing.

    3.  At the hearing, the court shall [establish a] review any plan for the permanent placement of the child adopted pursuant to section 2 of this act and determine : [whether:]

    (a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of section 2 of this act; and

    (b) Whether, and if applicable when:

         (1) The child should be returned to his parents or placed with other relatives;

    [(b) The child’s placement in the foster home or other similar institution should be continued; or

    (c)] (2) It is in the best interests of the child to initiate proceedings to:

         [(1)] (I) Terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption; or

         [(2)] (II) Establish a guardianship pursuant to chapter 159 of NRS [.] ; or

         (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of the child in another permanent living arrangement.

The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures. The provisions of this subsection do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.

    4.  If a child has been placed outside of his home and has resided outside of his home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

    5.  This hearing may take the place of the hearing for review required by NRS 432B.580.

    6.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.

    Sec. 15.  NRS 127.152 is hereby amended to read as follows:

    127.152  1.  Except as otherwise provided in subsection 2, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:

    (a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency; and

    (b) Any information obtained by the division or licensed child-placing agency during interviews of the natural parent regarding:


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ê2001 Statutes of Nevada, Page 1850 (Chapter 381, AB 248)ê

 

         (1) The medical and sociological history of the child and the natural parents of the child; and

         (2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies adopted by the division for the disclosure of such information.

    2.  The report created pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.

    3.  The division shall adopt regulations specifying the procedure and format for the provision of information pursuant to this section, which may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the adopting parents of the child may also obtain the information set forth in subsection 1.

    Sec. 16.  Section 9 of chapter 517, Statutes of Nevada 1997, as last amended by chapter 105, Statutes of Nevada 1999, at page 559, is hereby amended to read as follows:

    Sec. 9.  The amendatory provisions of sections [1 to 5.5, inclusive,] 3 and 5.5 of this act expire by limitation on June 30, 2001.

    Sec. 17.  Section 5 of chapter 557, Statutes of Nevada 1999, at page 2912, is hereby amended to read as follows:

    Sec. 5.  [1.]  This section and sections 1 and 3 of this act become effective upon passage and approval.

    [2.  Sections 2 and 4 of this act become effective on June 30, 2001.

    3.  Sections 1 and 3 of this act expire by limitation on June 30, 2001.]

    Sec. 18.  Section 2 of Assembly Bill No. 336 of this session is hereby amended to read as follows:

    Sec. 2.  NRS 127.152 is hereby amended to read as follows:

    127.152  1.  Except as otherwise provided in subsection [2,] 3, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:

    (a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency . [; and]

    (b) Any information obtained by the division or licensed child-placing agency during interviews of the natural parent regarding:

         (1) The medical and sociological history of the child and the natural parents of the child; and

         (2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies adopted by the division for the disclosure of such information.

    (c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.

    2.  The division or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.

    3.  The report [created] required pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.


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ê2001 Statutes of Nevada, Page 1851 (Chapter 381, AB 248)ê

 

    [3.] 4.  The division shall adopt regulations specifying the procedure and format for the provision of information pursuant to this section, which may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the adopting parents of the child may also obtain the information set forth in subsection 1.

    Sec. 19.  1.  Sections 2 and 4 of chapter 557, Statutes of Nevada 1999, at pages 2911 and 2912, respectively, are hereby repealed.

    2.  NRS 432B.600 is hereby repealed.

    Sec. 20.  1.  This section and sections 16 and 17 of this act and subsection 1 of section 19 of this act become effective upon passage and approval.

    2.  Sections 1 to 4, inclusive, 6 to 15, inclusive, and 18 of this act and subsection 2 of section 19 of this act become effective on July 1, 2001.

    3.  Section 5 of this act becomes effective at 12:03 a.m. on July 1, 2001.

________

 

CHAPTER 382, AB 273

Assembly Bill No. 273–Committee on Ways and Means

 

CHAPTER 382

 

AN ACT making appropriations to the State Department of Agriculture for the revolving account for agriculture working capital and for budgetary shortfalls regarding the State Predatory Animal and Rodent Committee and agricultural administration; and providing other matters properly relating thereto.

 

[Approved: June 5, 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 State Department of Agriculture for deposit in the revolving account for agriculture working capital created by NRS 561.335 the sum of $4,900.

    Sec. 2.  There is hereby appropriated from the state general fund to the State Department of Agriculture the sum of $13,848 to be distributed as follows:

    1.  For a shortfall in budgeted terminal annual leave expenses of the State Predatory Animal and Rodent Committee created by NRS 567.020, the sum of $7,045.

    2.  For a shortfall in the budget for Agriculture Administration, the sum of $6,803 to pay certain retirement contributions that were due from the department during the fiscal year ending June 30, 2000, but not paid during that period.

This appropriation is supplemental to that made by section 24 of chapter 571, Statutes of Nevada 1999, at page 2983.

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

________

 


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ê2001 Statutes of Nevada, Page 1852ê

 

CHAPTER 383, AB 489

Assembly Bill No. 489–Assemblymen Gustavson, Angle, Beers, Anderson, Berman, Brower, Brown, Buckley, Carpenter, Claborn, Gibbons, Humke, Lee, Oceguera, Price and Von Tobel

 

CHAPTER 383

 

AN ACT relating to criminal procedure; requiring genetic marker analysis to be obtained from certain offenders convicted of certain felonies; revising certain provisions concerning genetic marker testing to refer to obtaining a “biological specimen”; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 176.0913 is hereby amended to read as follows:

    176.0913  1.  If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:

    (a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the central repository for Nevada records of criminal history; and

    (b) [Samples of blood] A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the [samples] specimen be used for an analysis to determine the genetic markers of the [blood.] specimen.

    2.  If the defendant is committed to the custody of the department of prisons, the department of prisons shall arrange for the [samples of blood] biological specimen to be obtained from the defendant. The department of prisons shall provide the [samples of blood] specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

    3.  If the defendant is not committed to the custody of the department of prisons, the division shall arrange for the [samples of blood] biological specimen to be obtained from the defendant. The division shall provide the [samples of blood] specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain [the samples of blood from the] a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.

    4.  The provisions of subsection 1 apply to a defendant who is convicted of any of the following offenses:

    (a) A category A felony;

    (b) A category B felony;

    (c) A category C felony involving the use or threatened use of force or violence against the victim;

    (d) A crime against a child as defined in NRS 179D.210.

    [(b)] (e) A sexual offense as defined in NRS 179D.410.

    [(c) Murder, manslaughter or any other unlawful killing pursuant to NRS 200.010 to 200.260, inclusive.


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ê2001 Statutes of Nevada, Page 1853 (Chapter 383, AB 489)ê

 

    (d) Mayhem pursuant to NRS 200.280.

    (e) Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

    (f) Battery with intent to commit a crime pursuant to NRS 200.400.

    (g) Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.

    (h)] (f) Abuse or neglect of an older person pursuant to NRS 200.5099.

    [(i)] (g) A second or subsequent offense for stalking pursuant to NRS 200.575.

    [(j) Burglary pursuant to NRS 205.060.

    (k) Invasion of the home pursuant to NRS 205.067.

    (l)] (h) An attempt to commit an offense listed in this subsection.

    Sec. 2.  NRS 176.0915 is hereby amended to read as follows:

    176.0915  1.  If the court orders that [samples of blood] a biological specimen be obtained from a defendant pursuant to NRS 176.0913, the court, in addition to any other penalty, shall order the defendant, to the extent of his financial ability, to pay the sum of $250 as a fee for obtaining the [samples of blood] specimen and for conducting the analysis to determine the genetic markers of the [blood.] specimen. The fee:

    (a) Must be stated separately in the judgment of the court or on the docket of the court;

    (b) Must be collected from the defendant before or at the same time that any fine imposed by the court is collected from the defendant; and

    (c) Must not be deducted from any fine imposed by the court.

    2.  All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.

    3.  The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker testing. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker testing. The money must be accounted for separately within the fund.

    4.  Each month, the county treasurer shall use the money deposited in the fund for genetic marker testing to pay for the actual amount charged to the county for obtaining [samples of blood from defendants] a biological specimen from a defendant pursuant to NRS 176.0913.

    5.  If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to NRS 176.0917 to conduct or oversee genetic marker testing for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to:

    (a) Maintain and purchase equipment and supplies relating to genetic marker testing, including, but not limited to, equipment and supplies required by the Federal Bureau of Investigation for participation in CODIS; and

    (b) Pay for the training and continuing education, including, but not limited to, the reasonable travel expenses, of employees of the forensic laboratory who conduct or oversee genetic marker testing.

    Sec. 3.  NRS 179A.075 is hereby amended to read as follows:

    179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.


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ê2001 Statutes of Nevada, Page 1854 (Chapter 383, AB 489)ê

 

    2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

    (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

    (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

    3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of [the blood and the secretor status of the saliva] a biological specimen of a person who is convicted of [sexual assault or any other sexual offense,] an offense listed in subsection 4 of NRS 176.0913, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:

    (a) Through an electronic network;

    (b) On a medium of magnetic storage; or

    (c) In the manner prescribed by the director of the department,

within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

    4.  The division shall, in the manner prescribed by the director of the department:

    (a) Collect, maintain and arrange all information submitted to it relating to:

         (1) Sexual offenses and other records of criminal history; and

         (2) The genetic markers of [the blood and the secretor status of the saliva] a biological specimen of a person who is convicted of [sexual assault or any other sexual offense.] an offense listed in subsection 4 of NRS 176.0913.

    (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

    (c) Upon request, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department . [of motor vehicles and public safety.]

    5.  The division may:

    (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

    (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

    (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:

         (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;


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ê2001 Statutes of Nevada, Page 1855 (Chapter 383, AB 489)ê

 

         (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

         (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

         (4) For whom such information is required to be obtained pursuant to NRS 449.179.

    6.  The central repository shall:

    (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

    (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

    (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

    (d) Investigate the criminal history of any person who:

         (1) Has applied to the superintendent of public instruction for a license;

         (2) Has applied to a county school district for employment; or

         (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

    (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

         (1) Investigated pursuant to paragraph (d); or

         (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

    (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

    (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

    (h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.

    (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.


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ê2001 Statutes of Nevada, Page 1856 (Chapter 383, AB 489)ê

 

identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

    7.  The central repository may:

    (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

    (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department . [of motor vehicles and public safety.] All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

    (c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.

    8.  As used in this section:

    (a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

    (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

         (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

         (2) The fingerprints, voiceprint, retina image and iris image of a person.

    Sec. 4.  NRS 56.020 is hereby amended to read as follows:

    56.020  1.  Whenever it is relevant in a civil or criminal action to determine the parentage or identity of any person or corpse, the court, by order, may direct any party to the action and the person involved in the controversy to submit to one or more [blood or saliva tests,] tests to obtain a biological specimen to determine the genetic markers of the specimen, to be made by qualified persons, under such restrictions and directions as the court deems proper. [The tests may include analysis of a person’s blood to determine its genetic markers and of a person’s saliva to determine its secretor status.]

    2.  Whenever a test is ordered and made, the results of the test may be received in evidence. The order for the tests also may direct that the testimony of the experts and of the persons so examined may be taken by deposition. The opinion of any expert concerning results of blood tests may be weighted in accordance with evidence, if available, of the statistical probability of the alleged blood relationship. The court shall determine how and by whom the costs of the examination must be paid.

    Sec. 5.  The amendatory provisions of this act do not apply to a person who is sentenced before October 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 1857ê

 

CHAPTER 384, AB 643

Assembly Bill No. 643–Committee on Transportation

 

CHAPTER 384

 

AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of the preservation of the history of atomic testing in Nevada; providing for the issuance of special license plates to support preserving the federal lands surrounding Las Vegas; providing for the issuance of special license plates for antique trucks and truck-tractors; authorizing under certain circumstances the owner or operator of a motor vehicle displaying special license plates for a disabled veteran to park in a parking space designated for handicapped persons; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  1.  Except as otherwise provided in this subsection, the department, in cooperation with the Nevada Test Site Historical Foundation or its successor, shall design, prepare and issue license plates for the support of the preservation of the history of atomic testing in Nevada, using any colors and designs that the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  If the department receives at least 250 applications for the issuance of license plates for the support of the preservation of the history of atomic testing in Nevada, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation of the history of atomic testing in Nevada if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation of the history of atomic testing in Nevada pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of the preservation of the history of atomic testing in Nevada is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation of the history of atomic testing in Nevada must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.


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ê2001 Statutes of Nevada, Page 1858 (Chapter 384, AB 643)ê

 

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Nevada Test Site Historical Foundation or its successor for its programs and activities in support of the preservation of the history of atomic testing in Nevada.

    6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

    (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

    (b) Within 30 days after removing the plates from the vehicle, return them to the department.

    Sec. 3.  1.  Except as otherwise provided in this subsection, the department, in cooperation with the Outside Las Vegas Foundation or its successor, shall design, prepare and issue license plates to support preserving the federal lands surrounding Las Vegas, promoting community stewardship of those valuable resources, enriching visitors’ experience and enhancing the quality of life of local residents, using any colors and designs that the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  If the department receives at least 250 applications for the issuance of license plates pursuant to this section, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees prescribed pursuant to subsections 3 and 4 for the license plates issued pursuant to this section.

    3.  The fee for license plates issued pursuant to this section is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates pursuant to this section must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be distributed pursuant to subsection 5.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section to the Outside Las Vegas Foundation or its successor for its programs and activities in support of preserving the federal lands surrounding Las Vegas, promoting community stewardship of those valuable resources, enriching visitors’ experience and enhancing the quality of life of local residents.


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

ê2001 Statutes of Nevada, Page 1859 (Chapter 384, AB 643)ê

 

    6.  If, during a registration year, the holder of license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

    (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

    (b) Within 30 days after removing the plates from the vehicle, return them to the department.

    Sec. 4.  1.  Except as otherwise provided in this subsection, the department may design, prepare and issue special license plates and registration certificates to residents of Nevada for an antique truck or truck-tractor pursuant to this section. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates. Except as otherwise provided in subsection 3, the antique truck or truck-tractor must not be used for general transportation, but may be used for antique truck shows, exhibitions, parades or similar activities.

    2.  In lieu of the annual registration and fees required by this chapter, and of the governmental services tax imposed by chapter 371 of NRS, the owner of an antique truck or truck-tractor may submit:

    (a) An affidavit to the department indicating that the antique truck or truck-tractor:

         (1) Will be used only for the purposes enumerated in subsection 1;

         (2) Has been inspected and found safe to be operated on the highways of this state;

         (3) Will be at least 25 years old on the date on which the owner of the antique truck or truck-tractor applies for license plates pursuant to this section; and

         (4) Has a manufacturer’s rated carrying capacity of more than 1 ton.

    (b) The following fees for the issuance of license plates pursuant to this section:

         (1) For the first issuance............................................................................. $15

         (2) For a renewal sticker................................................................................. 5

    3.  If the owner elects to use the antique truck or truck-tractor as general transportation, he shall pay the regular annual registration and fees prescribed by law and the governmental services tax imposed by chapter 371 of NRS.

    4.  License plates issued pursuant to this section must bear the inscription “Antique Truck,” and the plates must be numbered consecutively.

    5.  The cost of the die and the modifications necessary for the issuance of a license plate pursuant to this section must be paid from private sources without any expense to the State of Nevada.

    6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

    (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

    (b) Within 30 days after removing the plates from the vehicle, return them to the department.


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

ê2001 Statutes of Nevada, Page 1860 (Chapter 384, AB 643)ê

 

    Sec. 5.  NRS 482.216 is hereby amended to read as follows:

    482.216  1.  Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:

    (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

    (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

    (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

    2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

    (a) Transmit the applications he receives to the department within the period prescribed by the department;

    (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;

    (c) Comply with the regulations adopted pursuant to subsection 4; and

    (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

    3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

    (a) Charge any additional fee for the performance of those services;

    (b) Receive compensation from the department for the performance of those services;

    (c) Accept applications for the renewal of registration of a motor vehicle; or

    (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

         (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, and section 1 of Senate Bill No. 77 of this session and section 1 of Senate Bill No. 414 of this [act;] session and sections 2, 3 and 4 of this act; or

         (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

    4.  The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

    (a) The expedient and secure issuance of license plates and decals by the department; and

    (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.

    Sec. 6.  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


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

ê2001 Statutes of Nevada, Page 1861 (Chapter 384, AB 643)ê

 

    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. 77 of this session and section 1 of Senate Bill No. 414 of this [act,] session, and sections 2, 3 and 4 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) Except as otherwise provided in section 1 of Senate Bill No. 77 of this [act,] session, 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 of a decal issued pursuant to NRS 482.37635.

    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.

    Sec. 7.  NRS 484.407 is hereby amended to read as follows:

    484.407  1.  Except as otherwise provided in subsection [2,] 3, an owner or operator of a motor vehicle displaying a special parking placard, a special parking sticker, a temporary parking placard, a temporary parking sticker or special plates issued pursuant to NRS 482.384, or special plates for a disabled veteran issued pursuant to NRS 482.377, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a person with a disability which limits or impairs the ability to walk, a disabled veteran or a person transporting such a person.

    2.  An owner or operator of a motor vehicle displaying special plates for a disabled veteran issued pursuant to NRS 482.377 may, without displaying a special license plate, placard or sticker issued pursuant to NRS 482.384, park in a parking space designated for the handicapped if:

    (a) The parking is done by a disabled veteran; or

    (b) A disabled veteran is a passenger in the motor vehicle being parked.

    3.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for parking off the highway without paying the required fee for the time during which the vehicle is so parked.

    Sec. 8.  NRS 484.408 is hereby amended to read as follows:

    484.408  1.  Any parking space designated for the handicapped must be indicated by a sign:


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

ê2001 Statutes of Nevada, Page 1862 (Chapter 384, AB 643)ê

 

    (a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only,” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for the handicapped;

    (b) Stating “Minimum fine of $100 for use by others” or equivalent words; and

    (c) The bottom of which must be not less than 4 feet above the ground.

    2.  In addition to the requirements of subsection 1, a parking space designated for the handicapped which:

    (a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

    (b) Is located in a parking lot with 60 or more parking spaces,

must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

    3.  If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

    (a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;

    (b) Stating “Minimum fine of $100 for violation” or similar words indicating that the minimum fine for parking in such a space is $100; and

    (c) The bottom of which must not be less than 4 feet above the ground.

    4.  An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

    5.  A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:

    (a) Special license plates issued pursuant to NRS 482.384;

    (b) A special or temporary parking placard issued pursuant to NRS 482.384;

    (c) A special or temporary parking sticker issued pursuant to NRS 482.384;

    (d) Special license plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

    (e) Special license plates for a disabled veteran [and a special parking placard] issued pursuant to NRS [482.384.] 482.377.

    6.  Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for the handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:

    (a) He is eligible to do so;


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

ê2001 Statutes of Nevada, Page 1863 (Chapter 384, AB 643)ê

 

    (b) The vehicle displays the special license plates or placard set forth in subsection 5; and

    (c) The vehicle is equipped with a side-loading wheelchair lift.

A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

    7.  A person shall not park in a space which:

    (a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

    (b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

whether on public or privately owned property.

    8.  A person shall not use a plate, sticker or placard set forth in subsection 5 to park in a space designated for the handicapped unless he is a person with a disability which limits or impairs the ability to walk, a disabled veteran or the driver of a vehicle in which such a person is a passenger.

    9.  A person who violates any of the provisions of subsections 5 to 8, inclusive, [of this section] is guilty of a misdemeanor and shall be punished:

    (a) Upon the first offense, by a fine of $100.

    (b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

    (c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

    Sec. 9.  On or before October 1, 2005, the department of motor vehicles and public safety shall determine and publicly declare the number of applications that it has received for the issuance of license plates pursuant to:

    1.  Section 2 of this act;

    2.  Section 3 of this act; and

    3.  Section 4 of this act.

    Sec. 10.  1.  The amendatory provisions of section 2 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to the provisions of section 2 of this act.

    2.  The amendatory provisions of section 3 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to the provisions of section 3 of this act.

    3.  The amendatory provisions of section 4 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to the provisions of section 4 of this act.

    Sec. 11.  The amendatory provisions of sections 7 and 8 of this act do not apply to the parking of a motor vehicle that occurred before July 1, 2001.

    Sec. 12.  1.  This section and sections 7, 8 and 11 of this act become effective on July 1, 2001.

    2.  Sections 1 to 4, inclusive, 9 and 10 of this act become effective on October 1, 2001.

    3.  Sections 5 and 6 of this act become effective at 12:01 a.m. on October 1, 2001.

________


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

ê2001 Statutes of Nevada, Page 1864ê

 

CHAPTER 385, AB 27

Assembly Bill No. 27–Assemblyman Perkins

 

CHAPTER 385

 

AN ACT relating to juveniles; prohibiting an entity that supervises a juvenile who is ordered to perform work or community service from placing the juvenile on a highway except under certain circumstances or in any other dangerous situation; and providing other matters properly relating thereto.

 

[Approved: June 5, 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 a new section to read as follows:

    1.  Except as otherwise provided in subsections 2 and 3, if a child is required to perform any work or community service pursuant to this chapter, the supervising entity shall not allow the child to perform the work or community service on or near a highway or in any other dangerous situation.

    2.  A supervising entity may allow children to perform work or community service on or near a controlled-access highway if:

    (a) The children are not required to perform any work or service in the median of the highway;

    (b) The work or service is performed behind a guardrail or other safety barrier;

    (c) Appropriate warning signs are placed on the highway at least 100 yards in front of the location where the children are working from both directions, as appropriate based on the speed of the vehicles traveling on the highway;

    (d) A vehicle with an amber light placed on top of the vehicle is placed at the site in a manner which shields the children from traffic;

    (e) The children are required to wear reflective vests and orange hats;

    (f) The supervising entity obtains written permission from the parents or guardians of the children; and

    (g) The supervising entity obtains written permission from and complies with all safety rules of the governmental entity with authority over the controlled-access highway.

    3.  A supervising entity may allow children to perform work or community service on or near a highway that does not have controlled access if:

    (a) The children are not required to perform any work or service in the median of the highway;

    (b) Appropriate warning signs are placed at least 100 yards in front of the location where the children are working from both directions, as appropriate based on the speed of the vehicles traveling on the highway;

    (c) A vehicle with an amber light placed on top of the vehicle is placed at the site in a manner which shields the children from traffic;

    (d) The children are required to wear reflective vests and orange hats;

    (e) The supervising entity obtains written permission from the parents or guardians of the children; and


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

ê2001 Statutes of Nevada, Page 1865 (Chapter 385, AB 27)ê

 

    (f) The supervising entity obtains written permission from and complies with all safety rules of the governmental entity with authority over the highway.

    4.  Upon the request of the parent or guardian of a child who is assigned to perform work or community service on or near a highway pursuant to subsection 2 or 3, the supervising entity shall make available to the parent or guardian of the child information regarding the nature of the work or community service to be performed by the child and the specific location at which the work or community service is to be performed.

    5.  As used in this section:

    (a) “Community service” includes, without limitation, public service, work on public projects, supervised work for the benefit of the community or any other work required by the court.

    (b) “Controlled-access highway” has the meaning ascribed to it in NRS 484.041.

    (c) “Highway” means a street, road or thoroughfare of any kind used by the public.

    (d) “Other dangerous situation” means any situation that poses a reasonably foreseeable risk that serious bodily harm or injury to a child could occur.

    (e) “Supervising entity” means a person or entity who is responsible for supervising children who are ordered to perform work or community service pursuant to this chapter.

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

________

 

CHAPTER 386, AB 37

Assembly Bill No. 37–Committee on Judiciary

 

CHAPTER 386

 

AN ACT relating to child support; increasing the presumptive maximum monthly amount that certain parents may be required to pay for support of a child; requiring the office of court administrator to adjust annually the amount of such payments based on the consumer price index; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 125B.070 is hereby amended to read as follows:

    125B.070  1.  As used in this section and NRS 125B.080, unless the context otherwise requires:

    (a) “Gross monthly income” means the total amount of income received each month from any source of a [wage-earning employee] person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.

    (b) “Obligation for support” means the sum certain dollar amount determined according to the following schedule:

         (1) For one child, 18 percent;

         (2) For two children, 25 percent;


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

ê2001 Statutes of Nevada, Page 1866 (Chapter 386, AB 37)ê

 

         (3) For three children, 29 percent;

         (4) For four children, 31 percent; and

         (5) For each additional child, an additional 2 percent,

of a parent’s gross monthly income, but not more than [$500] the presumptive maximum amount per month per child set forth for the parent in subsection 2 for an obligation for support determined pursuant to subparagraphs (1) to (4), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 6 of NRS 125B.080.

    2.  [On or before January 18, 1993, and on or before the third Monday in January every 4 years thereafter, the State Bar of Nevada shall review the formulas set forth in this section to determine whether any modifications are advisable and report to the legislature their findings and any proposed amendments.] For the purposes of paragraph (b) of subsection 1, the presumptive maximum amount per month per child for an obligation for support, as adjusted pursuant to subsection 3, is:

 

                                                                                                           PRESUMPTIVE MAXIMUM AMOUNT

                                                                                                              The Presumptive Maximum Amount the

INCOME RANGE                                                                                           Parent May Be Required To Pay

If the Parent’s Gross                         But Not                                               Per Month Per Child Pursuant to

Monthly Income is At Least          Greater Than                                           Paragraph (b) of Subsection 1 Is

 

$0                                -                    $4,167                                                                                $500

4,168                           -                      6,250                                                                                  550

6,251                           -                      8,333                                                                                  600

8,334                           -                    10,417                                                                                  650

10,418                        -                    12,500                                                                                  700

12,501                        -                    14,583                                                                                  750

 

If a parent’s gross monthly income is greater than $14,583, the presumptive maximum amount the parent may be required to pay pursuant to paragraph (b) of subsection 1 is $800.

    3.  The amounts set forth in subsection 2 for each income range and the corresponding amount of the obligation for support must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On April 1 of each year, the office of court administrator shall determine the amount of the increase or decrease required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each district court of the adjusted amounts.

    4.  As used in this section, “office of court administrator” means the office of court administrator created pursuant to NRS 1.320.

    Sec. 2.  NRS 125B.080 is hereby amended to read as follows:

    125B.080  Except as otherwise provided in NRS 425.450:

    1.  A court of this state shall apply the appropriate formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070 to:

    (a) Determine the required support in any case involving the support of children.

    (b) Any request filed after July 1, 1987, to change the amount of the required support of children.


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

ê2001 Statutes of Nevada, Page 1867 (Chapter 386, AB 37)ê

 

    2.  If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award.

    3.  If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070, any subsequent modification or adjustment of that support, except for any modification or adjustment made pursuant to subsection 3 of NRS 125B.070 or NRS 425.450 or as a result of a review conducted pursuant to subsection 1 of NRS 125B.145, must be based upon changed circumstances.

    4.  Notwithstanding the formulas set forth in [paragraph (b) of subsection 1 of] NRS 125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.

    5.  It is presumed that the basic needs of a child are met by the formulas set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.

    6.  If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall:

    (a) Set forth findings of fact as to the basis for the deviation from the formula; and

    (b) Provide in the findings of fact the amount of support that would have been established under the applicable formula.

    7.  Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.

    8.  If a parent who has an obligation for support is willfully underemployed or unemployed to avoid an obligation for support of a child, that obligation must be based upon the parent’s true potential earning capacity.

    9.  The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:

    (a) The cost of health insurance;

    (b) The cost of child care;

    (c) Any special educational needs of the child;

    (d) The age of the child;

    (e) The legal responsibility of the parents for the support of others;

    (f) The value of services contributed by either parent;

    (g) Any public assistance paid to support the child;


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

ê2001 Statutes of Nevada, Page 1868 (Chapter 386, AB 37)ê

 

    (h) Any expenses reasonably related to the mother’s pregnancy and confinement;

    (i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;

    (j) The amount of time the child spends with each parent;

    (k) Any other necessary expenses for the benefit of the child; and

    (l) The relative income of both parents.

    Sec. 3.  This act becomes effective on April 1, 2002, for the purpose of allowing the office of court administrator to adjust the presumptive maximum amount per month per child for an obligation for support pursuant to subsection 3 of NRS 125B.070, as amended by this act, and on July 1, 2002, for all other purposes.

________

 

CHAPTER 387, AB 220

Assembly Bill No. 220–Committee on Judiciary

 

CHAPTER 387

 

AN ACT relating to law enforcement; revising provisions governing the duties of certain peace officers in larger counties when certain felonies are committed or attempted in their presence or in an area that is within their jurisdiction; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 3, in a county whose population is 100,000 or more, a peace officer with limited jurisdiction who witnesses a category A felony being committed or attempted in his presence, or has reasonable cause for believing a person has committed or attempted to commit a category A felony in an area that is within his jurisdiction, shall immediately notify the primary law enforcement agency in the city or county, as appropriate, where the offense or attempted offense was committed.

    2.  Upon arrival of an officer from the primary law enforcement agency notified pursuant to subsection 1, a peace officer with limited jurisdiction shall immediately transfer the investigation of the offense or attempted offense to the primary law enforcement agency.

    3.  The provisions of subsection 1 do not:

    (a) Apply to an offense or attempted offense that is a misdemeanor, gross misdemeanor or felony other than a category A felony;

    (b) Apply to an officer of the Nevada Highway Patrol, a member of the police department of the University and Community College System of Nevada, an agent of the investigation division of the department of motor vehicles and public safety or a ranger of the division of state parks of the state department of conservation and natural resources;


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ê2001 Statutes of Nevada, Page 1869 (Chapter 387, AB 220)ê

 

    (c) Apply to a peace officer with limited jurisdiction if an interlocal agreement between his employer and the primary law enforcement agency in the city or county in which a category A felony was committed or attempted authorizes the peace officer with limited jurisdiction to respond to and investigate the felony without immediately notifying the primary law enforcement agency; or

    (d) Prohibit a peace officer with limited jurisdiction from:

         (1) Contacting a primary law enforcement agency for assistance with an offense that is a misdemeanor, gross misdemeanor or felony that is not a category A felony; or

         (2) Responding to a category A felony until the appropriate primary law enforcement agency arrives at the location where the felony was allegedly committed or attempted, including, without limitation, taking any appropriate action to provide assistance to a victim of the felony, to apprehend the person suspected of committing or attempting to commit the felony, to secure the location where the felony was allegedly committed or attempted and to protect the life and safety of the peace officer and any other person present at that location.

    4.  As used in this section:

    (a) “Peace officer with limited jurisdiction” means:

         (1) A school police officer who is appointed or employed pursuant to subsection 4 of NRS 391.100;

         (2) An airport guard or police officer who is appointed pursuant to NRS 496.130;

         (3) A person employed to provide police services for an airport authority created by a special act of the legislature; and

         (4) A marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125.

    (b) “Primary law enforcement agency” means:

         (1) A police department of an incorporated city;

         (2) The sheriff’s office of a county; or

         (3) If the county is within the jurisdiction of a metropolitan police department, the metropolitan police department.

    Sec. 2.  NRS 280.125 is hereby amended to read as follows:

    280.125  1.  The provisions of this chapter do not prohibit a participating political subdivision from establishing and administering the following units of specialized law enforcement:

    (a) A unit consisting of animal control officers.

    (b) A unit consisting of marshals.

    (c) A unit consisting of park rangers.

    (d) A unit for the investigation of arson.

    (e) A unit for the enforcement of laws relating to the licensure of businesses.

    (f) A unit for the enforcement of nonmoving traffic laws.

    2.  Except as otherwise limited in subsection 3, the jurisdiction and authority of any units of specialized law enforcement established pursuant to subsection 1 is concurrent with the authority and jurisdiction of the metropolitan police department.

    3.  The authority and jurisdiction of a unit consisting of marshals or park rangers is limited to:

    (a) The issuance of citations in accordance with the provisions of NRS 171.17751;


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    (b) The enforcement of state laws and city and county ordinances on real property owned, leased or otherwise under the control of the participating political subdivision;

    (c) The service of warrants of arrest issued pursuant to NRS 5.060; [and]

    (d) The removal of abandoned vehicles as authorized by NRS 487.230 [.] ; and

    (e) The duties set forth in section 1 of this act.

    Sec. 3.  NRS 289.190 is hereby amended to read as follows:

    289.190  1.  A person employed or appointed to serve as a school police officer pursuant to subsection 4 of NRS 391.100 has the powers of a peace officer. A school police officer shall perform his duties in compliance with the provisions of section 1 of this act.

    2.  A person appointed pursuant to NRS 393.0718 by the board of trustees of any school district has the powers of a peace officer to carry out the intents and purposes of NRS 393.071 to 393.0719, inclusive.

    3.  Members of every board of trustees of a school district, superintendents of schools, principals and teachers have concurrent power with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children, including children who attend school within one school district but reside in an adjoining school district or adjoining state, pursuant to the provisions of chapter 392 of NRS. This subsection must not be construed so as to make it the duty of superintendents of schools, principals and teachers to supervise the conduct of children while not on the school property.

    Sec. 4.  NRS 496.130 is hereby amended to read as follows:

    496.130  1.  A municipality that establishes or acquires an airport or air navigation facility may adopt, amend and repeal such reasonable ordinances, resolutions, rules, regulations or orders as it deems necessary for the management, government and use of the airport or air navigation facility under its control, whether situated within or outside of the territorial limits of the municipality.

    2.  For the enforcement thereof, the municipality may, by ordinance or resolution, as appropriate, appoint airport guards or police [,] with full police powers [,] which must be performed in compliance with the provisions of section 1 of this act, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. Penalties must be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.

    3.  A rule, regulation or ordinance must not be adopted, amended or repealed under this chapter, except by action of the governing body of the municipality after a public hearing in relation thereto at which public utilities owning facilities in the areas involved, and other interested persons, have an opportunity to be heard. At least 15 days’ notice of the hearing must:

    (a) Be given to all public utilities owning facilities in the area involved; and

    (b) Be published in an official paper or a paper of general circulation in the municipality or municipalities in which the airport is located.

This subsection does not apply to ordinances adopted pursuant to NRS 350.579.

    4.  All ordinances, resolutions, rules, regulations or orders which are issued by the municipality must be kept in substantial conformity with the laws of this state, or any regulations adopted or standards established pursuant thereto, and, as nearly as possible, with the federal laws governing aeronautics and the rules, regulations or standards duly issued thereunder.


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pursuant thereto, and, as nearly as possible, with the federal laws governing aeronautics and the rules, regulations or standards duly issued thereunder.

    5.  To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it is subject to federal and state laws, rules or regulations, and under the jurisdiction and control of the municipality controlling or operating it. No other municipality has any authority to charge or exact a license fee or occupation tax for operations thereon.

    Sec. 5.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 388, AB 313

Assembly Bill No. 313–Assemblymen Oceguera, Gibbons, Goldwater, Buckley, Manendo, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Giunchigliani, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams

 

Joint Sponsors: Senators Amodei, Carlton, Titus, Porter, Care, Coffin, Jacobsen, James, Mathews, McGinness, Neal, Raggio, Rawson, Rhoads, Schneider, Shaffer, Washington and Wiener

 

CHAPTER 388

 

AN ACT relating to occupational diseases; creating statutory presumptions that hepatitis is an occupational disease for certain firemen and emergency medical attendants; establishing requirements of eligibility for the statutory presumptions; requiring the testing of such employees for the presence of hepatitis; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616A.035 is hereby amended to read as follows:

    616A.035  1.  “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.

    2.  The term includes:

    (a) Medical benefits as defined by NRS 617.130;

    (b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment; [and]

    (c) Preventive treatment administered as a precaution to a police officer or a salaried or volunteer fireman who was exposed to a contagious disease:

         (1) Upon battery by an offender; or


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         (2) While performing the duties of a police officer or fireman,

if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052 [.] ; and

    (d) Preventive treatment for hepatitis administered as a precaution to a full-time salaried fireman or an emergency medical attendant employed in this state.

    3.  The term does not include:

    (a) Exercise equipment, a hot tub or a spa for an employee’s home;

    (b) Membership in an athletic or health club;

    (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

    (d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

    4.  As used in this section : [, the term:]

    (a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    (b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

    (c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

    (d) “Preventive treatment” includes, without limitation, tests to determine if an employee has contracted [the] hepatitis or any other contagious disease to which he was exposed.

    Sec. 2.  NRS 616A.265 is hereby amended to read as follows:

    616A.265  1.  “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.

    2.  For the purposes of chapters 616A to 616D, inclusive, of NRS:

    (a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.

    (b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.

    (c) The exposure to a contagious disease of a police officer or a salaried or volunteer fireman who was exposed to the contagious disease:

         (1) Upon battery by an offender; or


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ê2001 Statutes of Nevada, Page 1873 (Chapter 388, AB 313)ê

 

         (2) While performing the duties of a police officer or fireman,

shall be deemed to be an injury by accident sustained by the police officer or fireman arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    Sec. 3.  NRS 616C.052 is hereby amended to read as follows:

    616C.052  1.  [If] Except as otherwise provided in section 4 of this act, if a police officer or a salaried or volunteer fireman is exposed to a contagious disease:

    (a) Upon battery by an offender; or

    (b) While performing the duties of a police officer or fireman,

the employer of the police officer or fireman shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer or fireman, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer or fireman was exposed.

    2.  Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to a police officer or a salaried or volunteer fireman after the commencement of his employment reveal that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

    3.  [If] Except as otherwise provided in section 4 of this act, if the employment of a police officer or a salaried or volunteer fireman is terminated, voluntarily or involuntarily, the employer of the police officer or fireman shall:

    (a) At the time of termination and at 3 months after the date of termination, provide to the police officer or fireman a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer or fireman previously submitted to such a test and tested positive for exposure to tuberculosis. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 6161A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

    (b) [At the time] Within 30 days after the date of termination and at 6 and 12 months after the date of termination, provide to the police officer or fireman a blood test or other appropriate test to screen for other contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C and human immunodeficiency virus. If a blood test or other appropriate test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman has any other contagious disease or the antibodies associated with a contagious disease, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease.

 


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ê2001 Statutes of Nevada, Page 1874 (Chapter 388, AB 313)ê

 

616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease.

    4.  The former employer of a police officer or a salaried or volunteer fireman shall pay all the costs associated with providing skin and blood tests and other appropriate tests required pursuant to subsection 3.

    5.  As used in this section, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    Sec. 4.  Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if an employee has hepatitis, the disease is conclusively presumed to have arisen out of and in the course of his employment if the employee has been continuously employed for 5 years or more as a full-time salaried fireman or emergency medical attendant in this state before the date of any temporary or permanent disability or death resulting from the hepatitis.

    2.  Compensation awarded to a fireman or an emergency medical attendant, or to the dependents of such a person, for hepatitis pursuant to this section must include:

    (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and

    (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.

    3.  A salaried fireman or an emergency medical attendant shall submit to a blood test to screen for hepatitis upon employment, upon the commencement of coverage and thereafter on an annual basis during his employment. All blood tests required pursuant to this section must be paid for by the employer.

    4.  The provisions of this section:

    (a) Except as otherwise provided in paragraph (b), do not apply to a fireman or emergency medical attendant who is diagnosed with hepatitis upon employment.

    (b) Apply to a fireman or emergency medical attendant who is diagnosed with hepatitis upon employment if, during the employment or within 1 year after the last day of the employment, he is diagnosed with a different strain of hepatitis.

    (c) Apply to a fireman or emergency medical attendant who is diagnosed with hepatitis after the termination of the employment if the diagnosis is made within 1 year after the last day of the employment.

    5.  A fireman or an emergency medical attendant who is determined to be:

    (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

    (b) Incapable of performing, with or without remuneration, work as a fireman or an emergency medical attendant,

may elect to receive the benefits provided pursuant to NRS 616C.440 for a permanent total disability.

    6.  As used in this section:


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ê2001 Statutes of Nevada, Page 1875 (Chapter 388, AB 313)ê

 

    (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

    (b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

    Sec. 5.  1.  Notwithstanding any provision of section 4 of this act, a person who submits to a blood test to screen for hepatitis on or after October 1, 2001, but on or before November 1, 2001, and who, on October 1, 2001:

    (a) Is employed as a full-time salaried fireman or emergency medical attendant in this state; or

    (b) Had at any time been continuously employed for 5 years or more as a full-time salaried fireman or emergency medical attendant in this state,

shall be deemed to be in compliance with all blood testing that would otherwise be required by subsection 3 of section 4 of this act through the date of the blood test.

    2.  Notwithstanding the provisions of section 4 of this act, a person who, on October 1, 2001, is employed as a full-time salaried fireman or emergency medical attendant in this state shall submit to a blood test to screen for hepatitis on or before November 1, 2001. The blood test must be paid for by the employer of the person. If a person fails to submit to a blood test required by this subsection, the conclusive presumption relating to hepatitis otherwise created by section 4 of this act shall be deemed with regard to that person and for the purposes of section 4 of this act to be a rebuttable presumption that may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a full-time salaried firefighter or emergency medical attendant.

    3.  If:

    (a) A blood test taken pursuant to this section reveals that a person has hepatitis; and

    (b) Before taking the blood test, the person had at any time been continuously employed for 5 years or more as a full-time salaried fireman or emergency medical attendant in this state,

the person is entitled to a rebuttable presumption that the hepatitis arose out of and in the course of his employment and is compensable in accordance with section 4 of this act if he, before January 1, 2002, files a claim for compensation pursuant to chapter 617 of NRS. The presumption may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a full-time salaried firefighter or emergency medical attendant.

    4.  As used in this section:

    (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.


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ê2001 Statutes of Nevada, Page 1876 (Chapter 388, AB 313)ê

 

    (b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

    Sec. 6.  The amendatory provisions of this act do not apply to any person who, on October 1, 2001, is receiving compensation for hepatitis pursuant to chapters 616A to 616D, inclusive, of NRS. As used in this section, “hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

________

 

CHAPTER 389, AB 314

Assembly Bill No. 314–Committee on Government Affairs

 

CHAPTER 389

 

AN ACT relating to state financial administration; making various changes relating to the collection of debts owed to the state; increasing certain fees and charges; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 353C of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 2.5 and 3 of this act.

    Sec. 2.  1.  The state controller may, if requested by any state agency, act as the collection agent for that agency.

    2.  If the state controller acts as the collection agent for an agency, the agency may coordinate all its debt collection efforts through the state controller.

    Sec. 2.5.  If, in a previous transaction between an agency and a person, a check or draft was returned to the agency because the person had insufficient money or credit with the drawee to pay the check or draft or because the person had stopped payment on the check or draft, the agency may refuse to conduct an additional transaction with the person until the debt owed in the previous transaction is paid.

    Sec. 3.  Except as otherwise provided by specific statute, a person who owes a debt of more than $200 pursuant to this chapter shall, in addition to the debt, pay as reimbursement for the costs and fees actually incurred to collect the debt an amount not to exceed 25 percent of the amount of the debt or $25,000, whichever is less. Any prejudgment or postjudgment interest on the debt authorized by law must not be included in the calculation of the costs and fees actually incurred to collect the debt.

    Sec. 4.  NRS 353C.120 is hereby amended to read as follows:

    353C.120  1.  Each agency shall submit to the state controller periodic reports of the debts owed to the agency. The state controller shall maintain the reports to the extent that resources are available. The director of the department of administration and the attorney general shall jointly prescribe the time, form and manner of the reports.


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ê2001 Statutes of Nevada, Page 1877 (Chapter 389, AB 314)ê

 

    2.  Except to the extent that the information on the reports is declared to be confidential by a specific statute of this state or federal law, the state controller shall make the reports available for public inspection and may, without charge, make available for access on the Internet or its successor, if any, the information contained in the reports.

    Sec. 5.  NRS 353C.200 is hereby amended to read as follows:

    353C.200  1.  Except as otherwise provided in subsection 2, an agency may enter into a contract with a private debt collector or any other person for the assignment of the collection of a debt if the agency:

    (a) Determines the assignment is likely to generate more net revenue than equivalent efforts by the agency to collect the debt, including collection efforts pursuant to this chapter;

    (b) Determines the assignment will not compromise future collections of state revenue; and

    (c) Notifies the debtor in writing at his address of record that the debt will be turned over for private collection unless the debt is paid.

    2.  An agency shall not enter into a contract with a private debt collector or any other person for the assignment of the collection of a debt if the debt has been contested by the debtor.

    3.  A contract for the assignment of the collection of a debt may provide for:

    (a) Payment by the agency to the private debt collector or other person of the costs of collection and fees for collecting the debt; or

    (b) Collection by the private debt collector or other person from the debtor of the costs of collection and fees for collecting the debt.

    4.  Any contract entered into pursuant to this section is subject to approval by the director of the department of administration and the state controller.

    Sec. 6.  NRS 353C.210 is hereby amended to read as follows:

    353C.210  1.  Notwithstanding any specific statute to the contrary, an agency to which a debt is owed may, in addition to any other remedy provided for in this chapter, give notice of the amount of the debt and a demand to transmit to any person, including, without limitation, any officer, agency or political subdivision of this state, who has in his possession or under his control any credits or other personal property belonging to the debtor, or who owes any debts to the debtor that remain unpaid. The notice and demand to transmit must be delivered personally or by certified or registered mail:

    (a) Not later than 4 years after the debt became due; or

    (b) Not later than [5] 6 years after the last recording of an abstract of judgment pursuant to NRS 353C.170 or a certificate of liability pursuant to NRS 353C.180.

    2.  If such notice is given to an officer or agency of this state, the notice must be delivered before the agency which sent the notice may file a claim with the state controller pursuant to NRS 353C.190 on behalf of the debtor.

    3.  An agency that receives a notice and demand to transmit pursuant to this section may satisfy any debt owed to it by the debtor before it honors the notice and demand to transmit. If the agency is holding a bond or other property of the debtor as security for debts owed or that may become due and owing by the debtor, the agency is not required to transmit the amount of the bond or other property unless the agency determines that holding the bond or other property of the debtor as security is no longer required.


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    4.  Except as otherwise provided by specific statute, a person who receives a demand to transmit pursuant to this section shall not thereafter transfer or otherwise dispose of the credits or other personal property of, or debts owed to, the person who is the subject of the demand to transmit without the consent of the agency which sent the demand to transmit.

    5.  Except as otherwise provided by specific statute, a person who receives from an agency a demand to transmit pursuant to this section shall, within 10 days thereafter, inform the agency of, and transmit to the agency within the time and in the manner requested by the agency, all credits or other personal property in his possession or control that belong to, and all debts that he owes to, the person who is the subject of the demand to transmit. Except as otherwise provided in subsection 6, no further notice is required to be served on such persons.

    6.  Except as otherwise provided by specific statute, if the property of the debtor consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the agency which sent the demand to transmit until otherwise notified by the agency. If the debt of the debtor is not paid within 1 year after the date on which the agency issued the original demand to transmit, the agency shall:

    (a) Issue another demand to transmit to the person responsible for making the payments that informs him to continue transmitting payments to the agency; or

    (b) Notify the person that his duty to transmit the payments to the agency has ceased.

    7.  If the notice and demand to transmit is intended to prevent the transfer or other disposition of a deposit in a bank or other depository institution, or of any other credit or personal property in the possession or under the control of the bank or depository institution, the notice must be delivered or mailed to [the] any branch or office of the bank or depository institution at which the deposit is carried or the credit or personal property is held.

    8.  If any person to whom an agency delivers a notice and demand to transmit transfers or otherwise disposes of any property or debts required by this chapter to be transmitted to the agency, the person is, to the extent of the value of the property or the amount of the debts so transferred or disposed of, liable to the agency for any portion of the debt that the agency is unable to collect from the debtor solely by reason of the transfer or other disposition of the property or debt.

    9.  A debtor who owes a debt to an agency which delivers a notice and demand to transmit concerning the debtor pursuant to this section is entitled to an administrative hearing before that agency to challenge the collection of the debt pursuant to the demand to transmit. Each agency may adopt such regulations as are necessary to provide an administrative hearing for the purposes of this subsection.

    Sec. 7.  NRS 353C.220 is hereby amended to read as follows:

    353C.220  1.  If an agency determines that it is impossible or impractical to collect a debt, the agency may request the state board of examiners to designate the debt as a bad debt. The state board of examiners, by an affirmative vote of the majority of the members of the board, may designate the debt as a bad debt if the board is satisfied that the collection of the debt is impossible or impractical.


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ê2001 Statutes of Nevada, Page 1879 (Chapter 389, AB 314)ê

 

    2.  Upon the designation of a debt as a bad debt pursuant to this section, the state board of examiners shall immediately notify the state controller thereof. Upon receiving the notification, the state controller shall direct the removal of the debt from the [records and books or] books of account of the [agency to which the debt is owed or the] State of Nevada . [, as appropriate.] A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the [agency or the] State of Nevada . [, as appropriate.]

    3.  If resources are available, the state controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. If such a file is established and maintained, for each such debt, the state controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the agency or the State of Nevada, and any other information concerning the debt that the state controller determines is necessary.

    Sec. 8.  NRS 360.238 is hereby amended to read as follows:

    360.238  The department may charge a person a fee [established by regulation] of $25 for each check returned to the department because the person had insufficient money or credit with the drawee to pay the check or because the person stopped payment on the check.

    Sec. 9.  NRS 360.510 is hereby amended to read as follows:

    360.510  1.  If any person is delinquent in the payment of any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may:

    (a) Not later than 3 years after the payment became delinquent or the determination became final; or

    (b) Not later than [5] 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,

give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of the state or any political subdivision or agency of the state, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent taxpayer to the state controller.

    2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the department’s notice.

    3.  After receiving the demand to transmit, the persons so notified may not transfer or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the department consents to a transfer or other disposition.

    4.  All persons so notified shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in their possession, under their control or owing by them within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to those persons.


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ê2001 Statutes of Nevada, Page 1880 (Chapter 389, AB 314)ê

 

    5.  If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, it shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.

    6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to [the] any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.

    7.  If any person so notified makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to NRS 482.313, this chapter or chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377, 377A, 444A, 585, 590 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

    Sec. 10.  (Deleted by amendment.)

    Sec. 11.  NRS 679B.228 is hereby amended to read as follows:

    679B.228  The division may charge a person a fee [adopted by regulation by the commissioner] of $25 for each check returned to the division because the person had insufficient money or credit with the drawee to pay the check or because the person stopped payment on the check.

    Sec. 12.  Section 50 of chapter 224, Statutes of Nevada 1999, as amended by section 220 of chapter 354, Statutes of Nevada 1999, at page 1555, is hereby amended to read as follows:

    Sec. 50.  NRS 360.510 is hereby amended to read as follows:

    360.510  1.  If any person is delinquent in the payment of any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may:

    (a) Not later than 3 years after the payment became delinquent or the determination became final; or

    (b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,

give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of [the] this state or any political subdivision or agency of [the] this state, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before [it] the department presents the claim of the delinquent taxpayer to the state controller.


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ê2001 Statutes of Nevada, Page 1881 (Chapter 389, AB 314)ê

 

    2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the [department’s notice.] notice of the department.

    3.  After receiving the demand to transmit, the [persons so] person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in [their] his possession or under [their] his control at the time [they] he received the notice until the department consents to a transfer or other disposition.

    4.  [All persons so] Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in [their] his possession, under [their] his control or owing by [them] him within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to [those persons.] that person.

    5.  If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, [it] the department shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.

    6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.

    7.  If any person [so] notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to [NRS 482.313,] this chapter , or chapter 362, 364A, [365,] 369, 370, 372, 372A, [373,] 374, 377, 377A [, 444A, 585, 590] or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

    Sec. 13.  1.  The state controller, in cooperation with the department of motor vehicles and public safety and the division of wildlife of the state department of conservation and natural resources, may establish a pilot program to improve the collection of debts owed to an agency or the State of Nevada through the suspension of, cancellation of or refusal to renew vehicle registrations and certain licenses and permits issued by the state and the refusal to provide related services.

    2.  As used in this section, “agency” has the meaning ascribed to it in NRS 353C.020.


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ê2001 Statutes of Nevada, Page 1882 (Chapter 389, AB 314)ê

 

    Sec. 14.  1.  If a pilot program is established pursuant to section 13 of this act, the department of motor vehicles and public safety, when it receives a notice from the state controller that a person to whom the department has issued a license or permit or for whom the department has registered a vehicle is in default on a debt owed to an agency or the State of Nevada, shall send a written notice to that person advising him that his license or permit and vehicle registration are subject to suspension, cancellation or refusal to renew.

    2.  The notice must include:

    (a) The reason for the suspension of, cancellation of or refusal to renew the license or permit and vehicle registration;

    (b) The text of this section; and

    (c) Any other information that the department deems necessary.

    3.  Upon receipt of notice from the state controller pursuant to subsection 1 that a person to whom the department has issued a license or permit or for whom the department has registered a vehicle is in default on a debt owed to an agency or the State of Nevada, the department may, after sending the written notice required pursuant to that subsection, suspend, cancel or refuse to renew the license or permit of the person and the registration of a vehicle owned by the person.

    4.  The department shall reinstate such a license or permit and vehicle registration if it receives:

    (a) A notice from the state controller that the person has:

         (1) Paid the debt, including all penalties, interest, costs and fees, if any;

         (2) Entered into an agreement for the payment of the debt on an installment basis pursuant to NRS 353C.130; or

         (3) Obtained a discharge in bankruptcy of the debt; and

    (b) Payment of the fee prescribed in:

         (1) NRS 483.410 for reinstatement of a suspended or canceled license; or

         (2) NRS 482.480 for reinstatement of a suspended vehicle registration.

    5.  The department shall not require a person whose driver’s license or permit is suspended or canceled pursuant to this section to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of the reinstatement of the license or permit.

    6.  As used in this section, “agency” has the meaning ascribed to it in NRS 353C.020.

    Sec. 15.  1.  If a pilot program is established pursuant to section 13 of this act, the division of wildlife of the state department of conservation and natural resources, when it receives a notice from the state controller that a person who holds a license or permit to hunt, fish or trap, or any other license or permit issued by the division, is in default on a debt owed to an agency or the State of Nevada, shall send a written notice to that person advising him that:

    (a) His license or permit is subject to suspension, cancellation or refusal to renew; and

    (b) He is subject to a fee of $25 for each check or draft returned to the division because the person had insufficient money or credit with the drawee to pay the check or draft or because the person stopped payment on the check or draft.


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ê2001 Statutes of Nevada, Page 1883 (Chapter 389, AB 314)ê

 

    2.  The notice must include:

    (a) The reason for the suspension of, cancellation of or refusal to renew the license or permit;

    (b) The text of this section; and

    (c) Any other information that the division deems necessary.

    3.  Upon receipt of notice from the state controller pursuant to subsection 1 that a person to whom the division has issued a license or permit is in default on a debt owed to an agency or the State of Nevada, the division may, after sending the written notice required pursuant to that subsection, suspend, cancel or refuse to renew the license or permit of the person.

    4.  The division shall reinstate such a license or permit if:

    (a) The license or permit is still valid and has not expired; and

    (b) The division receives a notice from the state controller that the person has:

         (1) Paid the debt, including all penalties, interest, costs and fees, if any;

         (2) Entered into an agreement for the payment of the debt on an installment basis pursuant to NRS 353C.130; or

         (3) Obtained a discharge in bankruptcy of the debt.

    5.  The division shall not issue a new license or permit to hunt, fish or trap, or any other license or permit issued by the division, to a person whose license or permit is suspended, cancelled or refused renewal pursuant to this section unless the division receives a notice from the state controller that the person has:

    (a) Paid the debt, including all penalties, interest, costs and fees, if any;

    (b) Entered into an agreement for the payment of the debt on an installment basis pursuant to NRS 353C.130; or

    (c) Obtained a discharge in bankruptcy of the debt.

    6.  As used in this section, “agency” has the meaning ascribed to it in NRS 353C.020.

    Sec. 16.  1.  This act becomes effective upon passage and approval.

    2.  Sections 13, 14 and 15 of this act expire by limitation on October 1, 2003.

________

 


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ê2001 Statutes of Nevada, Page 1884ê

 

CHAPTER 390, AB 315

Assembly Bill No. 315–Assemblymen Parks, Manendo, Arberry, Gibbons, Ohrenschall, Anderson, Bache, Beers, Buckley, Chowning, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Hettrick, Koivisto, Lee, Leslie, McClain, Mortenson, Neighbors, Oceguera, Perkins, Price, Smith and Williams

 

CHAPTER 390

 

AN ACT relating to traffic laws; requiring an offender convicted of a first offense of driving under the influence of intoxicating liquor or a controlled substance to attend a program of treatment for the abuse of alcohol or drugs when the concentration of alcohol in the blood or breath of the offender is 0.18 or more; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 484.3792 is hereby amended to read as follows:

    484.3792  1.  [A] Unless a greater penalty is provided pursuant to NRS 484.3795, a person who violates the provisions of NRS 484.379:

    (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

         (1) Except as otherwise provided in subparagraph (4) or subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;

         (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; [and]

         (3) Fine him not less than $400 nor more than $1,000 [.] ; and

         (4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

    (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:

         (1) Shall sentence him to:

             (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

             (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

         (2) Shall fine him not less than $750 nor more than $1,000;

         (3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and


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ê2001 Statutes of Nevada, Page 1885 (Chapter 390, AB 315)ê

 

         (4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this [paragraph] subsection is guilty of a misdemeanor.

    (c) For a third or subsequent offense within 7 years, 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 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender 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.  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.

    3.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 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.

    4.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

    5.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

    6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) [or (b)] of subsection 1, the court shall:

    (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or


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ê2001 Statutes of Nevada, Page 1886 (Chapter 390, AB 315)ê

 

    (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,

and the court shall notify the department if the person fails to complete the assigned course within the specified time.

    7.  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.

    8.  As used in this section, unless the context otherwise requires [, “offense”] :

    (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

    (b) ”Offense” means:

    [(a)] (1) A violation of NRS 484.379 or 484.3795;

    [(b)] (2) 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)] (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

    Sec. 2.  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 , other than a person who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, 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 health division of the department of human resources for at least 6 months. The court shall authorize that treatment if:

    (a) The person is diagnosed as an alcoholic or abuser of drugs by:

         (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that diagnosis; 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

    (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.


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ê2001 Statutes of Nevada, Page 1887 (Chapter 390, AB 315)ê

 

    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.

    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. 3.  NRS 484.37945 is hereby amended to read as follows:

    484.37945  1.  When a program of treatment is ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for not less than 30 days nor more than 6 months, in accordance with the report submitted to the court pursuant to subsection 3, 4 or 5 of NRS 484.37943. The court may:

    (a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or

    (b) Release the offender for treatment in the community,

for the period of supervision ordered by the court.


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ê2001 Statutes of Nevada, Page 1888 (Chapter 390, AB 315)ê

 

    2.  The court shall:

    (a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and

    (b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.

    3.  A treatment facility is not liable for any damages to person or property caused by a person 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 paragraph (a) or (b) of subsection 1 of NRS 484.3792.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 391, AB 320

Assembly Bill No. 320–Assemblywoman Buckley

 

CHAPTER 391

 

AN ACT relating to the department of motor vehicles and public safety; requiring the department to retain for a specified period the originals of certain documents containing the disclosure of the mileage of a motor vehicle; revising provisions regarding the bonds required for certain licensees; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 482.173 is hereby amended to read as follows:

    482.173  1.  Notwithstanding the provisions of any schedule for the retention and disposition of official state records to the contrary, the director shall ensure that the department retains the originals of:

    (a) Certificates of ownership that are submitted to the department for the registration of a vehicle which has been sold or transferred; and

    (b) Forms for a power of attorney that are submitted to the department pursuant to subsection 2 of NRS 482.415,

for at least 1 year after the date on which such documents are received by the department.

    2.  Notwithstanding the provisions of NRS 239.080, the director may order the destruction of certificates of [registration 1 year after they are no longer effective.


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ê2001 Statutes of Nevada, Page 1889 (Chapter 391, AB 320)ê

 

    2.] ownership and forms for a power of attorney which are retained pursuant to subsection 1 after the expiration of the 1‑year period set forth in that subsection.

    3.  The department shall keep a record showing when [such] certificates of ownership and forms for a power of attorney are destroyed.

    Sec. 2.  NRS 482.3333 is hereby amended to read as follows:

    482.3333  1.  Before a person may be licensed as a broker, he must procure and file with the department a good and sufficient bond in the amount of $50,000 with a corporate surety thereon licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a broker without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any broker who has been licensed as a broker for 5 years or more, allow a reduction in the amount of the bond if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.

    2.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond . [, but in no case may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.]

    3.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud , [or] fraudulent representation or violation of any of the provisions of this chapter by any employee of the licensed broker who acts on behalf of the broker and within the scope of his employment.

    4.  The bond must provide that any person injured by the action of the broker or his employee in violation of any provision of this chapter may bring an action on the bond.

    Sec. 3.  NRS 482.345 is hereby amended to read as follows:

    482.345  1.  Except as otherwise provided in subsection 6, before any dealer’s license, dealer’s plate, special dealer’s plate, rebuilder’s license or rebuilder’s plate, distributor’s license or distributor’s plate or manufacturer’s license or manufacturer’s plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the department shall require that the applicant make an application for such a license and plate upon a form to be furnished by the department, and the applicant shall furnish such information as the department requires, including proof that the applicant has an established place of business in this state, and also, except as otherwise provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $50,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer, distributor, manufacturer or rebuilder without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any dealer, distributor, manufacturer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of the dealer, if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.


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ê2001 Statutes of Nevada, Page 1890 (Chapter 391, AB 320)ê

 

    2.  A manufacturer, distributor, rebuilder or dealer who manufactures, distributes or sells only motorcycles, horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $5,000 regardless of the length of time he has been in business.

    3.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond . [, but in no case may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.]

    4.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud , [or] fraudulent representation or violation of any of the provisions of this chapter by the representative of any licensed distributor or the salesman of any licensed dealer, manufacturer or rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on his behalf and within the scope of the employment of the representative or the salesman.

    5.  The bond must provide that any person injured by the action of the dealer, distributor, rebuilder, manufacturer, representative or salesman in violation of any provisions of this chapter may apply to the director, for good cause shown and after notice and opportunity for hearing, for compensation from the bond. The director may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

    6.  The provisions of this section do not apply to a manufacturer without an established place of business in this state.

    Sec. 4.  NRS 482.347 is hereby amended to read as follows:

    482.347  1.  The vehicle dealer’s bond required by NRS 482.345 [covers] must cover the dealer’s principal place of business and all branches operated by him [if:

    1.  All of his places of business are located within one county; and

    2.  All are operated under the same name.

For] , including, without limitation, any place of business operated in this state by the dealer that is located outside the county of the dealer’s principal office [,] or any place of business operated by the dealer under a different name . [, the dealer shall procure a separate bond.]

    2.  In addition to the coverage provided by the vehicle dealer’s bond pursuant to subsection 1, the dealer shall procure a separate bond for:

    (a) Each place of business operated in this state by the dealer that is located outside the county of the dealer’s principal office; and

    (b) Each place of business operated by the dealer under a different name.

    Sec. 5.  The amendatory provisions of sections 2, 3 and 4 of this act apply to a license that is issued or renewed on or after December 31, 2001.

    Sec. 6.  This act becomes effective on passage and approval.

________

 


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ê2001 Statutes of Nevada, Page 1891ê

 

CHAPTER 392, AB 338

Assembly Bill No. 338–Assemblyman Bache

 

CHAPTER 392

 

AN ACT relating to workers’ compensation; requiring a hearing officer or appeals officer to order an insurer, organization for managed care, third-party administrator or employer to pay for treatment or other services provided to an employee by a provider of health care under certain circumstances; requiring an insurer to include in certain statements a notice setting forth the right of an injured employee to select an alternative treating physician or chiropractor; authorizing an injured employee to select an alternative treating physician or chiropractor under certain circumstances; requiring the administrator of the division of industrial relations of the department of business and industry to design a form notifying an injured employee of his right to select an alternative treating physician or chiropractor; requiring an insurer to deliver to a treating physician or chiropractor certain provisions relating to the evaluation of a permanent impairment under certain circumstances; revising the provisions governing eligibility for and duration of vocational rehabilitation services; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Sections. 1-3.  (Deleted by amendment.)

    Sec. 4.  NRS 616B.527 is hereby amended to read as follows:

    616B.527  1.  A self-insured employer, an association of self-insured public or private employers or a private carrier may:

    [1.] (a) 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.] (b) 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.

    [3.] (c) 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,] paragraphs (a) and (b), or as the self-insured employer, association or private carrier otherwise prescribes.

    [4.  Require]

    (d) Except as otherwise provided in subsection 3 of NRS 616C.090, 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.


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ê2001 Statutes of Nevada, Page 1892 (Chapter 392, AB 338)ê

 

    [5.] 2.  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 NRS 616B.528, 616B.5285 and 616B.529.

    Sec. 5.  Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

    If:

    1.  An insurer, an organization for managed care, a third-party administrator or an employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies authorization or responsibility for payment for treatment or other services provided by a provider of health care that the injured employee alleges are related to an industrial injury or occupational disease;

    2.  The injured employee pays in protest for the treatment or other services; and

    3.  A hearing officer or appeals officer ultimately determines that the treatment or other services should have been covered, or the insurer, organization for managed care, third-party administrator or employer who provides accident benefits subsequently accepts responsibility for payment,

the hearing officer or appeals officer shall order the insurer, organization for managed care, third-party administrator or employer who provides accident benefits to pay to the provider of health care the amount which is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract. Within 30 days after receiving the payment, the provider of health care shall reimburse the injured employee for the amount paid in protest by him.

    Sec. 6.  NRS 616C.050 is hereby amended to read as follows:

    616C.050  1.  An insurer shall provide to each claimant:

    (a) Upon written request, one copy of any medical information concerning his injury or illness.

    (b) A statement which contains information concerning the claimant’s right to:

         (1) Receive the information and forms necessary to file a claim;

         (2) Select a treating physician or chiropractor and an alternative treating physician or chiropractor in accordance with the provisions of NRS 616C.090;

         (3) Request the appointment of the Nevada attorney for injured workers to represent him before the appeals officer;

         (4) File a complaint with the administrator;

         (5) When applicable, receive compensation for:

             (I) Permanent total disability;

             (II) Temporary total disability;

             (III) Permanent partial disability;

             (IV) Temporary partial disability; or

             (V) All medical costs related to his injury or disease;

         (6) Receive services for rehabilitation if his injury prevents him from returning to gainful employment;

         (7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and


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ê2001 Statutes of Nevada, Page 1893 (Chapter 392, AB 338)ê

 

         (8) Judicial review of any final decision within the time specified by statute.

    2.  The insurer’s statement must include a copy of the form designed by the administrator pursuant to subsection 7 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractor. The administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.

    Sec. 7.  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.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.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] Except as otherwise provided in this subsection, 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. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is on the panel. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list.

    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.527 must 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.


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ê2001 Statutes of Nevada, Page 1894 (Chapter 392, AB 338)ê

 

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. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care services pursuant to NRS 616B.527, as appropriate. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list. If the employee fails to select a physician or chiropractor, the insurer may select a physician or chiropractor with that specialization. If a physician or chiropractor with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care services may select a physician or chiropractor with that specialization.

    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.

    7.  The administrator shall design a form that notifies injured employees of their right pursuant to subsections 2 and 3 to select an alternative treating physician or chiropractor and make the form available to insurers for distribution pursuant to subsection 2 of NRS 616C.050.

    Secs. 8 and 9.  (Deleted by amendment.)

    Sec. 10.  NRS 616C.135 is hereby amended to read as follows:

    616C.135  1.  A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any other unrelated services which are requested in writing by the patient.

    2.  The insurer is liable for the charges for approved services if the charges do not exceed:

    (a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and

    (b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.


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ê2001 Statutes of Nevada, Page 1895 (Chapter 392, AB 338)ê

 

    3.  A provider of health care may accept payment from an injured employee who is paying in protest pursuant to section 5 of this act for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.

    4.  If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the administrator shall impose an administrative fine of not more than $250 for each violation.

    Sec. 11.  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.

    5.  The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay the charges of a provider of health care if the conditions of section 5 of this act are satisfied.

    6.  The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

    [6.] 7.  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.

    [7.] 8.  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.


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ê2001 Statutes of Nevada, Page 1896 (Chapter 392, AB 338)ê

 

    [8.] 9.  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.

    [9.] 10.  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. 12.  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.

    5.  The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay the charges of a provider of health care if the conditions of section 5 of this act are satisfied.

    6.  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.

    [6.] 7.  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.


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ê2001 Statutes of Nevada, Page 1897 (Chapter 392, AB 338)ê

 

    [7.] 8.  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. 13.  (Deleted by amendment.)

    Sec. 14.  NRS 616C.475 is hereby amended to read as follows:

    616C.475  1.  Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

    2.  Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.

    3.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.

    4.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

    5.  Payments for a temporary total disability must cease when:

    (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience;

    (b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or

    (c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.

    6.  Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the division for the injured employee to request continued compensation for the temporary total disability.

    7.  A certification of disability issued by a physician or chiropractor must:

    (a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;

    (b) Specify whether the limitations or restrictions are permanent or temporary; and

    (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 [.] or appropriately chosen pursuant to subsection 3 of NRS 616C.090.

    8.  If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident is not required to comply with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the division governing vocational rehabilitation services if the employer offers the employee temporary, light-duty employment.


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ê2001 Statutes of Nevada, Page 1898 (Chapter 392, AB 338)ê

 

temporary, light-duty employment. Any offer of temporary, light-duty employment made by the employer must specify a position that:

    (a) Is substantially similar to the employee’s position at the time of his injury in relation to the location of the employment and the hours he is required to work; and

    (b) Provides a gross wage that is:

         (1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his injury; or

         (2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his injury.

    Sec. 15.  NRS 616C.490 is hereby amended to read as follows:

    616C.490  1.  Except as otherwise provided in NRS 616C.175, every employee, in the employ of an employer within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section, “disability” and “impairment of the whole man” are equivalent terms.

    2.  Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability. Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor:

    (a) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to NRS 616C.110.

    (b) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the administrator, according to their area of specialization and the order in which their names appear on the list [.] unless the next physician or chiropractor is currently an employee of the insurer making the selection, in which case the insurer must select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer.

    3.  If an insurer contacts the treating physician or chiropractor to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.

    4.  At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:

    (a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and

    (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.


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ê2001 Statutes of Nevada, Page 1899 (Chapter 392, AB 338)ê

 

The notice must be on a form approved by the administrator and provided to the injured employee by the insurer at the time of the insurer’s request.

    [4.] 5.  Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

    [5.] 6.  The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

    (a) Of the compensation to which he is entitled pursuant to this section; or

    (b) That he is not entitled to benefits for permanent partial disability.

    [6.] 7.  Each 1 percent of impairment of the whole man must be compensated by a monthly payment:

    (a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981;

    (b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993;

    (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and

    (d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.

Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

    [7.] 8.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

    [8.] 9.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

    [9.] 10.  The division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

    [10.] 11.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

    [11.] 12.  This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

    Sec. 16.  NRS 616C.495 is hereby amended to read as follows:

    616C.495  1.  Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

    (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.


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ê2001 Statutes of Nevada, Page 1900 (Chapter 392, AB 338)ê

 

and before July 1, 1995, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.

    (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

    (c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

    (d) Any claimant injured on or after July 1, 1995, may elect to receive his compensation in a lump sum in accordance with regulations adopted by the administrator and approved by the governor. The administrator shall adopt regulations for determining the eligibility of such a claimant to receive all or any portion of his compensation in a lump sum. Such regulations may include the manner in which an award for a permanent partial disability may be paid to such a claimant in installments. Notwithstanding the provisions of NRS 233B.070, any regulation adopted pursuant to this paragraph does not become effective unless it is first approved by the governor.

    2.  If the claimant elects to receive his payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:

    (a) His right to reopen his claim according to the provisions of NRS 616C.390; and

    (b) Any counseling, training or other rehabilitative services provided by the insurer.

The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

    3.  Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

    4.  Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.

    5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection [6] 7 of NRS 616C.490 and actuarial annuity tables adopted by the division. The tables must be reviewed annually by a consulting actuary.


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ê2001 Statutes of Nevada, Page 1901 (Chapter 392, AB 338)ê

 

    6.  If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump-sum payment.

    Sec. 17.  NRS 616C.555 is hereby amended to read as follows:

    616C.555  1.  A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616C.590. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employee’s age, sex and physical condition.

    2.  If the counselor determined in the written assessment developed pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury. An injured employee must not receive job placement assistance for more than 6 months after the date on which he was notified that he is eligible only for job placement assistance because:

    (a) He was physically capable of returning to work; or

    (b) It was determined that he had existing marketable skills.

    3.  If the counselor determined in the written assessment developed pursuant to NRS 616C.550 that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in NRS 616C.560, such a program must not exceed:

    (a) If the injured employee has incurred a permanent disability as a result of which permanent restrictions on his ability to work have been imposed but no permanent physical impairment rating has been issued, or a permanent disability with a permanent physical impairment of 1 percent or more but less than 6 percent, 9 months.

    (b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent, 1 year.

    (c) If the injured employee has incurred a permanent physical impairment of 11 percent or more, 18 months.

The percentage of the injured employee’s permanent physical impairment must be determined pursuant to NRS 616C.490.

    4.  A plan for a program of vocational rehabilitation must comply with the requirements set forth in NRS 616C.585.

    5.  A plan created pursuant to subsection 2 or 3 must assist the employee in finding a job or train or educate the employee and assist him in finding a job that is a part of an employer’s regular business operations and from which the employee will gain skills that would generally be transferable to a job with another employer.

    6.  A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.

    [6.] 7.  If, based upon the opinion of a treating or an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the injured employee, the injured employee’s employer and the insurer.


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ê2001 Statutes of Nevada, Page 1902 (Chapter 392, AB 338)ê

 

provide a copy of the opinion to the injured employee, the injured employee’s employer and the insurer.

    [7.] 8.  A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor.

    [8.] 9.  If an initial program of vocational rehabilitation pursuant to this section is unsuccessful, an injured employee may submit a written request for the development of a second program of vocational rehabilitation which relates to the same injury. An insurer shall authorize a second program for an injured employee upon good cause shown.

    [9.] 10.  If a second program of vocational rehabilitation pursuant to subsection [8] 9 is unsuccessful, an injured employee may submit a written request for the development of a third program of vocational rehabilitation which relates to the same injury. The insurer, with the approval of the employer who was the injured employee’s employer at the time of his injury, may authorize a third program for the injured employee. If such an employer has terminated operations, his approval is not required for authorization of a third program. An insurer’s determination to authorize or deny a third program of vocational rehabilitation may not be appealed.

    [10.] 11.  The division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.

    Sec. 18.  NRS 616C.580 is hereby amended to read as follows:

    616C.580  1.  Except as otherwise provided in this section, vocational rehabilitation services must not be provided outside of this state. An injured employee who:

    (a) Lives within 50 miles from any border of this state on the date of injury; or

    (b) Was injured while temporarily employed in this state by an employer subject to the provisions of chapters 616A to 617, inclusive, of NRS who can demonstrate that, on the date of injury, his permanent residence was outside of this state,

may receive vocational rehabilitation services at a location within 50 miles from his residence if such services are available at such location.

    2.  An injured employee, who:

    (a) Is eligible for vocational rehabilitation services pursuant to NRS 616C.590; and

    (b) Resides outside of this state but does not qualify to receive vocational rehabilitation services outside of this state pursuant to subsection 1,

may execute a written agreement with the insurer which provides for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services pursuant to NRS 616C.595. The amount of the lump sum must not exceed [$15,000.] $20,000.

    3.  An injured employee who resides outside of this state but does not qualify to receive vocational rehabilitation services outside of this state pursuant to subsection 1 may receive the vocational rehabilitation services to which he is entitled pursuant to NRS 616C.545 to 616C.575, inclusive, and 616C.590 if he relocates to:

    (a) This state; or

    (b) A location within 50 miles from any border of this state,

at his own expense, if such services are available at such location.


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ê2001 Statutes of Nevada, Page 1903 (Chapter 392, AB 338)ê

 

    Sec. 19.  NRS 616C.590 is hereby amended to read as follows:

    616C.590  1.  Except as otherwise provided in this section, an injured employee is not eligible for vocational rehabilitation services, unless:

    (a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the position that he held at the time of his injury;

    (b) The injured employee’s employer does not offer employment that [the] :

         (1) The employee is eligible for considering the restrictions imposed pursuant to paragraph (a); and

         (2) Provides a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his injury; and

    (c) The injured employee is unable to return to gainful employment with any other employer at a gross wage that is equal to or greater than 80 percent of the gross wage that [he] the employee was earning at the time of his injury.

    2.  If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he shall specify in writing:

    (a) The medically objective findings upon which his determination is based; and

    (b) A detailed description of the restrictions.

The treating physician or chiropractor shall deliver a copy of the findings and the description of the restrictions to the insurer.

    3.  If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made.

    4.  Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1.

    5.  An injured employee is not entitled to vocational rehabilitation services solely because the position that he held at the time of his injury is no longer available.

    6.  An injured employee or his dependents are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated.

    7.  Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other vocational rehabilitation services offered by the insurer. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while he is incarcerated.

    8.  If an insurer cannot locate an injured employee for whom it has ordered vocational rehabilitation services, the insurer may close his claim 21 days after the insurer determines that the employee cannot be located. The insurer shall make a reasonable effort to locate the employee.

    9.  The reappearance of the injured employee after his claim has been closed does not automatically reinstate his eligibility for vocational rehabilitation benefits. If the employee wishes to reestablish his eligibility for such benefits, he must file a written application with the insurer to reinstate his claim.


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ê2001 Statutes of Nevada, Page 1904 (Chapter 392, AB 338)ê

 

his claim. The insurer shall reinstate the employee’s claim if good cause is shown for the employee’s absence.

    Sec. 20.  This act becomes effective on July 1, 2002.

________

 

CHAPTER 393, AB 380

Assembly Bill No. 380–Assemblymen Bache, Giunchigliani, Williams, Anderson, Parnell, Berman, Brown, Buckley, Carpenter, Chowning, de Braga, Freeman, Gibbons, Lee, Leslie, Manendo, Mortenson, Oceguera, Parks, Smith, Tiffany and Von Tobel

 

Joint Sponsors: Senators Carlton and Amodei

 

CHAPTER 393

 

AN ACT relating to educational personnel; requiring boards of trustees of school districts to place a teacher who has been employed by another school district in this state on the salary schedule in a classification that is commensurate with the level of education acquired by the teacher; requiring boards of trustees of school districts to give an administrator who has been employed by another school district in this state credit for his previous administrative service and place him on the salary schedule in a classification that is comparable to his former classification; revising provisions governing the employment status of certain postprobationary employees who voluntarily leave their employment; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 391.160 is hereby amended to read as follows:

    391.160  1.  The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.

    2.  Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:

    (a) On or before September 15 of the school year, the teacher has submitted evidence satisfactory to the school district of his current certification; and

    (b) The teacher is assigned by the school district to provide classroom instruction during that school year.

No increase in salary may be given during a particular school year to a teacher who submits evidence of certification after September 15 of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.


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ê2001 Statutes of Nevada, Page 1905 (Chapter 393, AB 380)ê

 

    3.  In determining the salary of a licensed teacher who is employed by a school district after the teacher has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection [5:] 6:

    (a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment; [and]

    (b) Give the teacher credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a) [.] ; and

    (c) Place the teacher on the schedule of salaries of the school district in a classification that is commensurate with the level of education acquired by the teacher, as set forth in the applicable negotiated agreement with the present employer.

    4.  A school district may give the credit required by subsection 3 for previous teaching service earned in another state if the commission has approved the standards for licensing teachers of that state. The commission shall adopt regulations that establish the criteria by which the commission will consider the standards for licensing teachers of other states for the purposes of this subsection. The criteria may include, without limitation, whether the commission has authorized reciprocal licensure of educational personnel from the state under consideration.

    5.  In determining the salary of a licensed administrator, other than the superintendent of schools, who is employed by a school district after the administrator has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection 6:

    (a) Give the administrator the same credit for previous administrative service as he was receiving from his former employer, at the end of his former employment;

    (b) Give the administrator credit for his final year of service with his former employer, if credit for that service is not otherwise included in the credit given pursuant to paragraph (a); and

    (c) Place the administrator on the schedule of salaries of the school district in a classification that is comparable to the classification the administrator had attained on the schedule of salaries of his former employer.

    6.  This section does not:

    (a) Require a school district to allow a teacher or administrator more credit for previous teaching or administrative service than the maximum credit for teaching or administrative experience provided for in the schedule of salaries established by it for its licensed personnel.

    (b) Permit a school district to deny a teacher or administrator credit for his previous teaching or administrative service on the ground that the service differs in kind from the teaching or administrative experience for which credit is otherwise given by the school district.

    [6.] 7.  As used in this section [, “previous] :

    (a) “Previous administrative service” means the total of:

         (1) Any period of administrative service for which an administrator received credit from his former employer at the beginning of his former employment; and

         (2) His period of administrative service in his former employment.

    (b) “Previous teaching service” means the total of:


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ê2001 Statutes of Nevada, Page 1906 (Chapter 393, AB 380)ê

 

    [(a)] (1) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and

    [(b)] (2) His period of teaching service in his former employment.

    Sec. 2.  NRS 391.31965 is hereby amended to read as follows:

    391.31965  [Any] Except as otherwise provided in this section, if a postprobationary employee of a school district [of Nevada who is] in this state:

    1.  Voluntarily leaves his employment; and

    2.  Is, within 5 years after the date on which he left that employment, employed by [another] any school district in this state in a position that is comparable to the position in which he attained his postprobationary status,

he must be allowed to continue as a postprobationary employee and must not be required to serve the probationary period required by subsection 1 of NRS 391.3197. This section does not apply to a postprobationary employee who voluntarily leaves his employment during the pendency of a proceeding for the suspension, demotion, dismissal or refusal to reemploy the postprobationary employee.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 394, AB 383

Assembly Bill No. 383–Assemblymen Koivisto, Bache, McClain, Parks, Anderson, Arberry, Brown, Chowning, Claborn, Freeman, Giunchigliani, Manendo, Mortenson, Nolan, Oceguera, Ohrenschall, Price, Smith and Tiffany

 

CHAPTER 394

 

AN ACT relating to traffic laws; prohibiting the driver of a motor vehicle from permitting a person to ride upon the bed of a flatbed truck or within the bed of a pickup truck under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 484.473 is hereby amended to read as follows:

    484.473  [A person]

    1.  Except as otherwise provided in subsections 2 and 4, a driver shall not permit a person, with regard to a motor vehicle being operated on a paved highway within a county whose population is 100,000 or more, to ride [on any vehicle] upon or within any portion [thereof] of the vehicle that is primarily designed or intended for carrying goods or other cargo or that is otherwise not designed or intended for the use of passengers [. This provision does not apply to an employee engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies and space intended for merchandise.] , including, without limitation:

    (a) Upon the bed of a flatbed truck; or

    (b) Within the bed of a pickup truck.


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ê2001 Statutes of Nevada, Page 1907 (Chapter 394, AB 383)ê

 

    2.  A driver may permit a person to ride upon the bed of a flatbed truck or within the bed of a pickup truck if the person is:

    (a) Eighteen years of age or older; or

    (b) Under 18 years of age and the motor vehicle is:

         (1) Not being operated on a freeway or other road that has two or more lanes for traffic traveling in one direction;

         (2) Being used in the course of farming or ranching; or

         (3) Being driven in a parade authorized by a local authority.

    3.  A citation must be issued to a driver who permits a person to ride upon the bed of a flatbed truck or within the bed of a pickup truck in violation of subsection 1. A driver who is cited pursuant to this subsection shall be punished by a fine of at least $35 but not more than $100.

    4.  The provisions of subsection 1 do not apply to the portion of the bed of a truck that is covered by a camper shell or slide-in camper.

    5.  A violation of this section:

    (a) Is not a moving traffic violation for the purposes of NRS 483.473; and

    (b) May not be considered as:

         (1) Negligence or causation in a civil action; or

         (2) Negligent or reckless driving for the purposes of NRS 484.377.

    6.  As used in this section:

    (a) “Camper shell” has the meaning ascribed to it in NRS 361.017.

    (b) “Freeway” has the meaning ascribed to it in NRS 408.060.

    (c) “Slide-in camper” has the meaning ascribed to it in NRS 482.113.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 395, AB 395

Assembly Bill No. 395–Assemblymen Oceguera, Giunchigliani, McClain, Parks, Freeman, Goldwater, Koivisto, Manendo and Price

 

Joint Sponsors: Senators O’Donnell, O’Connell, Care and Titus

 

CHAPTER 395

 

AN ACT relating to land use planning; revising the provisions governing the authority of a city or county to control the location of certain residential facilities; changing the statutory name of “halfway house for alcohol and drug abusers”; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 278.021 is hereby amended to read as follows:

    278.021  1.  In any ordinance adopted by a city or county, the definition of “single-family residence” must include a:

    (a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with:


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ê2001 Statutes of Nevada, Page 1908 (Chapter 395, AB 395)ê

 

         (1) House parents or guardians who need not be related to any of the persons with disabilities; and

         (2) If applicable, additional persons who are related to the house parents or guardians within the third degree of consanguinity or affinity.

    (b) Home for individual residential care.

    (c) Halfway house for recovering alcohol and drug abusers.

    2.  The provisions of subsection 1 do not prohibit a definition of “single-family residence” which permits more persons to reside in [the house,] a residential facility for groups, nor does it prohibit regulation of homes which are operated on a commercial basis. For the purposes of this subsection, a residential facility for groups , a halfway house for recovering alcohol and drug abusers or a home for individual residential care shall not be deemed to be a home that is operated on a commercial basis for any purposes relating to building codes or zoning.

    3.  The health division of the department of human resources shall compile and maintain a registry of information relating to each residential establishment that exists in this state and shall make available for access on the Internet or its successor, if any, the information contained in the registry. The registry must include with respect to each residential establishment:

    (a) The name of the owner of the establishment;

    (b) The name of the administrator of the establishment;

    (c) The address of the establishment; and

    (d) The number of clients for which the establishment is licensed.

Any department or agency of a county or city that becomes aware of the existence of a residential establishment that is not included in the registry shall transmit such information to the health division, as is necessary, for inclusion in the registry within 30 days after obtaining the information.

    4.  The governing body of a county whose population is 100,000 or more or the governing body of a city in such a county or any department or agency of the city or county shall approve the first application submitted on or after July 1, 2000, to operate a residential establishment within a particular neighborhood in the jurisdiction of the governing body. If [, on or after July 1, 2000,] a subsequent application is submitted to operate an additional residential establishment at a location that is within [660 feet] the minimum distance established by the governing body pursuant to this subsection from an existing residential establishment, the governing body shall review the application based on applicable zoning ordinances. The requirements of this subsection do not require the relocation or displacement of any residential establishment which existed before [July 1, 2000,] the effective date of this act from its location on that date. The provisions of this subsection do not create or impose a presumption that the location of more than one residential establishment within [660 feet] the minimum distance of each other established by the governing body pursuant to this subsection is inappropriate under all circumstances with respect to the enforcement of zoning ordinances and regulations. For purposes of this subsection, each governing body shall establish by ordinance a minimum distance between residential establishments that is at least 660 feet but not more than 1,500 feet.

    5.  The governing body of a county or city shall not refuse to issue a special use permit to a residential establishment that meets local public health and safety standards.


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ê2001 Statutes of Nevada, Page 1909 (Chapter 395, AB 395)ê

 

    6.  The provisions of this section must not be applied in any manner which would result in a loss of money from the Federal Government for programs relating to housing.

    7.  As used in this section:

    (a) “Halfway house for recovering alcohol and drug abusers” has the meaning ascribed to it in NRS 458.010.

    (b) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

    [(b)] (c) “Person with a disability” means a person:

         (1) With a physical or mental impairment that substantially limits one or more of the major life activities of the person;

         (2) With a record of such an impairment; or

         (3) Who is regarded as having such an impairment.

    [(c)]