Link to Page 441

 

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ê2003 Statutes of Nevada, Page 442ê

 

CHAPTER 64, AB 17

Assembly Bill No. 17–Committee on Judiciary

 

CHAPTER 64

 

AN ACT relating to criminal procedure; increasing the presumptive limits for attorneys’ fees in first degree murder cases; increasing the presumptive limits for ancillary expenses in criminal proceedings; requiring the court to appoint certain persons to assist in the defense of a person in certain cases involving murder of the first degree; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 7.125 is hereby amended to read as follows:

      7.125  1.  Except as limited by subsections 2, 3 and 4, an attorney , other than a public defender , who is appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee for court appearances and other time reasonably spent on the matter to which the appointment is made [, $75] of $125 per hour in cases in which the death penalty is sought and $100 per hour [.] in all other cases. Except for cases in which the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, this subsection does not preclude a governmental entity from contracting with a private attorney who agrees to provide such services for a lesser rate of compensation.

      2.  [The] Except as otherwise provided in subsection 4, the total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:

      (a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, [$12,000;] $20,000;

      (b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;

      (c) If the most serious crime is a misdemeanor, $750;

      (d) For an appeal of one or more misdemeanor convictions, $750; or

      (e) For an appeal of one or more gross misdemeanor or felony convictions, $2,500.

      3.  [An] Except as otherwise provided in subsection 4, an attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other postconviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.

      4.  If the appointing court because of:

      (a) The complexity of a case or the number of its factual or legal issues;

      (b) The severity of the offense;

      (c) The time necessary to provide an adequate defense; or

      (d) Other special circumstances,deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.


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ê2003 Statutes of Nevada, Page 443 (Chapter 64, AB 17)ê

 

deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.

      5.  The magistrate, the district court or the Supreme Court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted to all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.

      Sec. 2.  NRS 7.135 is hereby amended to read as follows:

      7.135  The attorney appointed by a magistrate or district court to represent a defendant is entitled, in addition to the fee provided by NRS 7.125 for his services, to be reimbursed for expenses reasonably incurred by him in representing the defendant and may employ, subject to the prior approval of the magistrate or the district court in an ex parte application, such investigative, expert or other services as may be necessary for an adequate defense. Compensation to any person furnishing such investigative, expert or other services must not exceed [$300,] $500, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is:

      1.  Certified by the trial judge of the court, or by the magistrate if the services were rendered in connection with a case disposed of entirely before him, as necessary to provide fair compensation for services of an unusual character or duration; and

      2.  Approved by the presiding judge of the judicial district in which the attorney was appointed [,] or , if there is no presiding judge, by the district judge who holds seniority in years of service in office.

      Sec. 3.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a magistrate or district court appoints an attorney, other than a public defender, to represent a defendant accused of murder of the first degree in a case in which the death penalty is sought, the magistrate or court must appoint a team to defend the accused person that includes:

      1.  Two attorneys; and

      2.  Any other person as deemed necessary by the court, upon motion of an attorney representing the defendant.

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

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ê2003 Statutes of Nevada, Page 444ê

 

CHAPTER 65, AB 52

Assembly Bill No. 52–Assemblymen Leslie, Giunchigliani, Chowning, McClain, Gibbons, Anderson, Atkinson, Buckley, Collins, Horne, Koivisto, Manendo, Oceguera and Parks

 

CHAPTER 65

 

AN ACT relating to veterans;  providing for the issuance of standard high school diplomas to certain veterans who served in the Armed Forces; requiring the State Board of Education and the Office of Veterans’ Services to establish guidelines for identifying and issuing standard high school diplomas to such veterans; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any provision of this title to the contrary, a person who:

      (a) Left high school before graduating to serve in the Armed Forces of the United States during:

             (1) World War II and so served at any time between September 16, 1940, and December 31, 1946;

             (2) The Korean War and so served at any time between June 25, 1950, and January 31, 1955; or

             (3) The Vietnam Era and so served at any time between January 1, 1961, and May 7, 1975;

      (b) Was discharged from the Armed Forces of the United States under honorable conditions; and

      (c) As a result of his service in the Armed Forces of the United States, did not receive a high school diploma,

shall be deemed to have earned sufficient credits to receive a standard high school diploma.

      2.  A school district may, upon request, issue a standard high school diploma to any person who meets the requirements set forth in subsection 1. A school district may issue a standard high school diploma to such a person even if the person:

      (a) Holds a general educational development credential or its equivalent; or

      (b) Is deceased, if the family of the veteran requests the issuance of the diploma.

      3.  The State Board and the Office of Veterans’ Services shall work cooperatively to establish guidelines for identifying and issuing standard high school diplomas to persons pursuant to this section.

      4.  A person to whom a standard high school diploma is issued pursuant to this section shall not be deemed to be a pupil for the purposes of this title.

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

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ê2003 Statutes of Nevada, Page 445ê

 

CHAPTER 66, AB 82

Assembly Bill No. 82–Assemblyman Mortenson

 

CHAPTER 66

 

AN ACT relating to water; extending the date of expiration of the Newlands Project Water Rights Fund and of a related program established by the Carson Water Subconservancy District for the acquisition of certain surface water rights; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 4 of chapter 515, Statutes of Nevada 1999, at page 2632, is hereby amended to read as follows:

       Sec. 4.  1.  There is hereby appropriated from the State General Fund to the Newlands Project Water Rights Fund, created by section 5 of this act, the sum of $3,300,000 as the State’s contribution to the Fund for the protection and preservation of the natural resources of this state. All interest generated from this appropriation accrues to the benefit of the Newlands Project Water Rights Fund.

       2.  The Carson Water Subconservancy District shall not commit for expenditure any amount of the appropriation made by subsection 1 until the District determines that:

       (a) There is and will continue to be substantial compliance with the “Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company,” dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999; and

       (b) The City of Fallon and Churchill County have withdrawn all administrative protests and have sought to dismiss all legal actions initiated by the city and county, respectively, relating to applications for changes in the point of diversion, place of use or manner of use of water rights pending before the State Engineer on the effective date of this act as required by that joint testimony.

       3.  The Carson Water Subconservancy District shall not commit for expenditure during the next biennium more than $1,600,000 of the appropriation made by subsection 1.

       4.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2004,] 2006, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 2.  Section 8 of chapter 515, Statutes of Nevada 1999, at page 2634, is hereby amended to read as follows:

       Sec. 8.  1.  This act becomes effective upon passage and approval.

       2.  Section 5 of this act expires by limitation on July 1, [2004.] 2006.

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ê2003 Statutes of Nevada, Page 446ê

 

CHAPTER 67, AB 106

Assembly Bill No. 106–Committee on Judiciary

 

CHAPTER 67

 

AN ACT relating to traffic laws; revising the penalty for driving under the influence of intoxicating liquor or a controlled or prohibited substance; revising the qualifications of a person who may apply to the court to undergo a program of treatment for alcoholism or drug abuse; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

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.  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 community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379;

             (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 shall:

             (1) 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) Fine him not less than $750 nor more than $1,000 [;

             (3) Order him to perform not less than 100 hours, but not more than 200 hours, of community service 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

             (4)] , or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and


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ê2003 Statutes of Nevada, Page 447 (Chapter 67, AB 106)ê

 

             (3) 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 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) 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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ê2003 Statutes of Nevada, Page 448 (Chapter 67, AB 106)ê

 

substances approved by a governmental agency of the state of his residence within the time specified in the order; or

      (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:

      (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:

             (1) A violation of NRS 484.379 or 484.3795;

             (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

             (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).] subparagraph (1) or (2).

      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] 24 hours of community service.

      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).


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ê2003 Statutes of Nevada, Page 449 (Chapter 67, AB 106)ê

 

      3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

      4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

      5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      6.  If the court grants an application for treatment, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      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 484.3794 is hereby amended to read as follows:

      484.3794  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Human Resources for at least 1 year if:


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ê2003 Statutes of Nevada, Page 450 (Chapter 67, AB 106)ê

 

      (a) He 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 costs of the treatment to the extent of his financial resources; and

      (c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than [50 hours, but not more than 100 hours,] one-half of the hours of community service.

      2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

      (a) A violation of NRS 484.3795;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

      4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

      5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      6.  If the court determines that an application for treatment should be granted, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.


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ê2003 Statutes of Nevada, Page 451 (Chapter 67, AB 106)ê

 

minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      7.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

      8.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

      Sec. 4.  This act becomes effective on July 1, 2003.

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CHAPTER 68, AB 113

Assembly Bill No. 113–Committee on Government Affairs

 

CHAPTER 68

 

AN ACT relating to Carson City; providing for the election of a Vice Chairman of the Charter Committee; requiring a joint meeting of the Charter Committee and Board of Supervisors regarding proposed charter amendments; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1.090 of the Charter of Carson City, being chapter 341, Statutes of Nevada 1999, at page 1406, is hereby amended to read as follows:

       Sec. 1.090  Charter Committee: [Meetings;] Officers; meetings; duties.  The Charter Committee shall:

       1.  Elect a Chairman and Vice Chairman from among its members who [shall] each serve for a term of [1 year;] 2 years;

       2.  Meet at least once every 2 years before the beginning of each regular session of the Legislature and when requested by the Board or the Chairman of the Committee;

       3.  [Advise] Meet jointly with the Board on a date to be set after the final biennial meeting of the Committee is conducted pursuant to subsection 2 and before the beginning of the next regular session of the Legislature to advise the Board with regard to the recommendations of the Committee concerning necessary amendments to this charter; and

       4.  Assist the Board in the timely preparation of such amendments for presentation to the Legislature on behalf of the City.

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ê2003 Statutes of Nevada, Page 452ê

 

CHAPTER 69, AB 119

Assembly Bill No. 119–Assemblyman Williams

 

CHAPTER 69

 

AN ACT relating to prescriptions; prohibiting a practitioner from specifying on the label or other device for a drug or medicine an expiration date that is earlier than the expiration date specified by the manufacturer of the drug or medicine; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 639.2801 is hereby amended to read as follows:

      639.2801  Unless specified to the contrary in writing on the prescription by the prescribing practitioner, all prescriptions filled by any practitioner must be dispensed in a container to which is affixed a label or other device which clearly shows:

      1.  The date.

      2.  The name, address and prescription serial number of the practitioner who filled the prescription.

      3.  The names of the prescribing practitioner and of the person for whom prescribed.

      4.  The number of dosage units.

      5.  Specific directions for use given by the prescribing practitioner.

      6.  The expiration date of the effectiveness of the drug or medicine dispensed, if that information is required to be included on the original label of the manufacturer of [that] the drug or medicine. [If the] The practitioner shall not specify on the label or other device for the drug or medicine an expiration date that is earlier than the expiration date specified by the manufacturer [is not less than 1 year from the date of dispensing, the practitioner may use 1 year from the date of dispensing as the expiration date.] on the original label.

      7.  The proprietary or generic name of the drug or medicine as written by the prescribing practitioner.

      8.  The strength of the drug or medicine.

The label must contain the warning:

 

       Caution: Do not use with alcohol or nonprescribed drugs without consulting the prescribing practitioner.

 

      Sec. 2.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 453ê

 

CHAPTER 70, AB 178

Assembly Bill No. 178–Committee on Transportation

 

CHAPTER 70

 

AN ACT relating to motor vehicles; requiring the Director of the Department of Motor Vehicles to ensure that certain documents submitted to, issued by or retained by the Department contain the full legal name of the relevant person; providing that the document setting forth indicia of the ownership of a motor vehicle shall be known as a “certificate of title”; making various other changes relating to the operations of the Department; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the Director shall ensure that whenever a document is required by law to include the name of a person, the document sets forth the full legal name of that person.

      2.  The provisions of this section do not require the Director to alter, amend or otherwise change any documents that were created before October 1, 2003.

      3.  The Director may take any action he deems reasonable to facilitate achieving uniformity in the manner in which the documents and records of the Department refer to a particular person by name.

      4.  As used in this section:

      (a) “Certificate of registration” means the certificate described in subsection 1 of NRS 482.245.

      (b) “Document” means any:

             (1) Application or record that a person is required to file with or submit to the Department;

             (2) Card, certificate or license that the Department issues to a person; and

             (3) Record that the Department is required to keep or maintain.

The term includes, without limitation, a certificate of registration, certificate of title, driver’s license and identification card, and an application or record pertaining to any such certificate, license or card.

      Sec. 2.  NRS 481.015 is hereby amended to read as follows:

      481.015  1.  Except as otherwise provided in this subsection, as used in this title, unless the context otherwise requires, “certificate of title” means the document issued by the Department that identifies the legal owner of a vehicle and contains the information required pursuant to subsection 2 of NRS 482.245. The definition set forth in this subsection does not apply to chapters 488 and 489 of NRS.

      2.  Except as otherwise provided in chapters 480 and 486A of NRS, as used in this title, unless the context otherwise requires:

      [1.] (a) “Department” means the Department of Motor Vehicles.


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      [2.] (b) “Director” means the Director of the Department of Motor Vehicles.

      Sec. 3.  NRS 481.063 is hereby amended to read as follows:

      481.063  1.  The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      2.  Except as otherwise provided in subsection 5, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

      3.  Except as otherwise provided in subsection 2, the Director shall not release to any person who is not a representative of the Welfare Division of the Department of Human Resources or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415, 253.044 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

      (a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

      (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

      (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

      4.  Except as otherwise provided in subsections 2 and 5, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      5.  Except as otherwise provided in paragraph (a) and subsection 6, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information , except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

      (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions.


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out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

      (c) In connection with matters relating to:

             (1) The safety of drivers of motor vehicles;

             (2) Safety and thefts of motor vehicles;

             (3) Emissions from motor vehicles;

             (4) Alterations of products related to motor vehicles;

             (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

             (6) Monitoring the performance of motor vehicles;

             (7) Parts or accessories of motor vehicles;

             (8) Dealers of motor vehicles; or

             (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

      (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

      (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

      (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

      (g) By a private investigator, private patrolman or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

      (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

      (i) In connection with an investigation conducted pursuant to NRS 253.0415, 253.044 or 253.220.

      (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

      (k) In the bulk distribution of surveys, marketing material or solicitations, if the Director has adopted policies and procedures to ensure that:

             (1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;

             (2) Each person about whom the information is requested has clearly been provided with an opportunity to authorize such a use; and


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             (3) If the person about whom the information is requested does not authorize such a use, the bulk distribution will not be directed toward that person.

      6.  Except as otherwise provided in paragraph (j) of subsection 5, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person shall keep and maintain for 5 years a record of:

      (a) Each person to whom the information is provided; and

      (b) The purpose for which that person will use the information.

The record must be made available for examination by the Department at all reasonable times upon request.

      7.  Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

      8.  Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the database created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that database.

      9.  The Director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate his ability to request information electronically or by written request if he has submitted to the Department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:

      (a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

      (b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

      (c) That he understands that a record will be maintained by the Department of any information he requests; and

      (d) That he understands that a violation of the provisions of this section is a criminal offense.

      10.  It is unlawful for any person to:

      (a) Make a false representation to obtain any information from the files or records of the Department.

      (b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

      11.  As used in this section, “personal information” means information that reveals the identity of a person, including, without limitation, his photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.


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      Sec. 4.  NRS 482.085 is hereby amended to read as follows:

      482.085  “Owner” means a person who holds the legal title of a vehicle and whose name appears on the certificate of [ownership,] title, and any lienholder whose name appears on the certificate of [ownership.] title. If a vehicle is the subject of an agreement for the conditional sale or lease thereof with or without the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

      Sec. 5.  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] title 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 [ownership] title 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 certificates of [ownership] title and forms for a power of attorney are destroyed.

      Sec. 6.  NRS 482.188 is hereby amended to read as follows:

      482.188  1.  The Department may waive payment of a penalty or interest for a person’s failure timely to file a return or pay a tax , penalty or fee imposed by the Department pursuant to this chapter or any other provision of law, if the Department determines that the failure:

      (a) Was caused by circumstances beyond the person’s control;

      (b) Occurred despite the person’s exercise of ordinary care; and

      (c) Was not a result of the person’s willful neglect.

      2.  A person requesting relief from payment of a penalty or interest must file with the Department a sworn statement specifying the facts supporting his claim for relief.

      Sec. 7.  NRS 482.235 is hereby amended to read as follows:

      482.235  1.  The Department shall file each application received and register the vehicle therein described and the owner thereof in suitable books or on index cards as follows:

      (a) Under a distinctive registration number assigned to the vehicle and to the owner thereof, referred to in this chapter as the registration number.

      (b) Alphabetically under the [legal] name of the owner.

      (c) Numerically under the serial or vehicle identification number of the vehicle or a permanent identifying number, as may be determined by the Department.

      2.  A registered dealer who registers a vehicle shall assign a registration number for that vehicle according to a list of registration numbers issued by the Department for use by that dealer.


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      Sec. 8.  NRS 482.240 is hereby amended to read as follows:

      482.240  1.  Upon [a] the registration of a vehicle, the Department or a registered dealer shall issue a certificate of registration to the owner.

      2.  When an applicant for registration or transfer of registration is unable, for any reason, to submit to the Department in support of the application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the Department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, the Department may issue to the applicant only a certificate of registration.

      3.  The Department may, upon proof of ownership satisfactory to it, issue a certificate of [ownership] title before the registration of the vehicle concerned. The certificate of registration issued pursuant to this chapter is valid only during the registration period or calendar year for which it is issued, and a certificate of [ownership] title is valid until cancelled by the Department upon the transfer of interest therein.

      Sec. 9.  NRS 482.245 is hereby amended to read as follows:

      482.245  1.  The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the legal name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.

      2.  The certificate of [ownership] title must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as provided to the Department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle [,] and such other statement of facts as may be determined by the Department. The reverse side of the certificate of [ownership] title must contain forms for notice to the Department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of [ownership] title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate. Except as otherwise required by federal law, the certificate of [ownership] title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.

      Sec. 10.  NRS 482.245 is hereby amended to read as follows:

      482.245  1.  The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the [legal] name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.

      2.  The certificate of title must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as provided to the Department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle and such other statement of facts as may be determined by the Department.


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482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as provided to the Department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle and such other statement of facts as may be determined by the Department. The reverse side of the certificate of title must contain forms for notice to the Department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate. Except as otherwise required by federal law, the certificate of title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.

      Sec. 11.  NRS 482.260 is hereby amended to read as follows:

      482.260  1.  When registering a vehicle, the Department and its agents or a registered dealer shall:

      (a) Collect the fees for license plates and registration as provided for in this chapter.

      (b) Collect the governmental services tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

      (c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      (d) Issue a certificate of registration.

      (e) If the registration is performed by the Department, issue the regular license plate or plates.

      (f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to him.

      2.  Upon proof of ownership satisfactory to the Director, he shall cause to be issued a certificate of [ownership] title as provided in this chapter.

      3.  Every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12-month period.

      4.  The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.

      5.  A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.

      Sec. 12.  NRS 482.272 is hereby amended to read as follows:

      482.272  [1.]  Each license plate for a motorcycle [shall contain five] may contain up to six characters, including numbers and [no] letters. Only one plate [shall] may be issued for a motorcycle.

      [2.  Motorcycle license plates shall be issued in consecutive numerical order for statewide distribution.

      3.  In the event the Department exhausts the license plate code of subsection 1, the Department may substitute letters in combination with numbers to expand the code for motorcycle license plates.]


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      Sec. 13.  NRS 482.292 is hereby amended to read as follows:

      482.292  As used in this section and NRS 482.293 and 482.294, unless the context otherwise requires, “document” means an application, notice, report, statement or other record relating to the issuance or renewal of a certificate of registration, or the issuance of a certificate of [ownership] title pursuant to this chapter by financial institutions, new vehicle dealers and used vehicle dealers on behalf of their customers.

      Sec. 14.  NRS 482.293 is hereby amended to read as follows:

      482.293  1.  The Department may establish a program for the electronic submission and storage of documents.

      2.  If the Department establishes a program pursuant to subsection 1:

      (a) An electronic submission or storage of documents that is carried out pursuant to the program with respect to a particular transaction is not valid unless all original documents required for the transaction pursuant to:

             (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

             (2) The provisions of any regulations adopted pursuant thereto,

have been executed and submitted to the Department.

      (b) The Department shall adopt regulations to carry out the program.

      3.  The regulations required to be adopted pursuant to paragraph (b) of subsection 2 must include, without limitation:

      (a) The type of electronic transmission that the Department will accept for the program.

      (b) The process for submission of an application by a person who desires to participate in the program and the fee, if any, that must accompany the application for participation.

      (c) The criteria that will be applied by the Department in determining whether to approve an application to participate in the program.

      (d) The standards for ensuring the security and integrity of the process for issuance and renewal of a certificate of registration [,] and a certificate of [ownership and certificate of] title, including, without limitation, the procedure for a financial and performance audit of the program.

      (e) The terms and conditions for participation in the program and any restrictions on the participation.

      (f) The contents of a written agreement that must be on file with the Department pursuant to subsection 2 of NRS 482.294 before a participant may submit a document by electronic means to the Department. Such a written agreement must include, without limitation:

             (1) An assurance that each document submitted by electronic means contains all the information that is necessary to complete the transaction for which the document is submitted;

             (2) Certification that all the information contained in each document that is submitted by electronic means is truthful and accurate;

             (3) An assurance that the participant who submits a document by electronic means will maintain all information and records that are necessary to support the document; and

             (4) The signature of the participant who files the written agreement with the Department.

      (g) The conditions under which the Department may revoke the approval of a person to participate in the program, including, without limitation, failure to comply with this section and NRS 482.294 and the regulations adopted pursuant thereto.


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      (h) The method by which the Department will store documents that are submitted to it by electronic means.

      (i) The required technology that is necessary to carry out the program.

      (j) Any other regulations that the Department determines necessary to carry out the program.

      (k) Procedures to ensure compliance with:

             (1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

             (2) The provisions of any regulations adopted pursuant thereto,

to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.

      4.  The Department may accept gifts and grants from any source, including, without limitation, donations of materials, equipment and labor, for the establishment and maintenance of a program pursuant to this section.

      Sec. 15.  NRS 482.294 is hereby amended to read as follows:

      482.294  1.  If the Department approves an application for a person to participate in a program established pursuant to NRS 482.293, that participant may submit, by electronic means, a document that is required to be submitted pursuant to this chapter for the issuance or renewal of a certificate of registration [,] or a certificate of [ownership or certificate of] title.

      2.  If the signature of a natural person is required pursuant to this chapter on a document that is submitted by electronic means, the Department may waive that requirement if the participant who submitted the document on behalf of that person complies with all requirements of this program.

      3.  Notwithstanding any other provision of law to the contrary, a document that is submitted by electronic means pursuant to subsection 1, if accepted by the Department, shall be deemed an original document in administrative proceedings, quasi-judicial proceedings and judicial proceedings.

      Sec. 16.  NRS 482.3255 is hereby amended to read as follows:

      482.3255  Evidence of unfitness of an applicant or a licensee for purposes of denial or revocation of a license may consist of , but is not limited to:

      1.  Failure to discharge a lienholder on a vehicle within 30 days after it is traded to his dealership.

      2.  Being the former holder of [,] or being a partner, officer, director, owner or manager involved in management decisions of a dealership which held a license issued pursuant to NRS 482.325 which was revoked for cause and never reissued or was suspended upon terms which were never fulfilled.

      3.  Defrauding or attempting to defraud the State or a political subdivision of any taxes or fees in connection with the sale or transfer of a vehicle.

      4.  Forging the signature of the registered or legal owner of a vehicle on a certificate of title.

      5.  Purchasing, selling, otherwise disposing of or having in his possession any vehicle which he knows, or a reasonable person should know, is stolen or otherwise illegally appropriated.

      6.  Willfully failing to deliver to a purchaser or his lienholder a certificate of [ownership] title to a vehicle he has sold.

      7.  Refusing to allow an agent of the Department to inspect, during normal business hours, all books, records and files of the dealership which are maintained within the State.


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      8.  Any fraud which includes , but is not limited to:

      (a) Misrepresentation in any manner, whether intentional or grossly negligent, of a material fact.

      (b) An intentional failure to disclose a material fact.

      9.  Willful failure to comply with any regulation adopted by the Department.

      Sec. 17.  NRS 482.400 is hereby amended to read as follows:

      482.400  1.  Except as otherwise provided in this subsection and subsections 2, 5 and 6, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of [ownership] title under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of [ownership] title issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The Department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.

      2.  The Department shall provide a form for use by a dealer for the transfer of ownership of a vehicle. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of [ownership] title issued for a vehicle, the form becomes a part of that certificate of [ownership.] title. The Department may charge a fee not to exceed the cost to provide the form.

      3.  Except as otherwise provided in subsections 4, 5 and 6, the transferee shall immediately apply for registration as provided in NRS 482.215 [,] and shall pay the governmental services taxes due.

      4.  If the transferee is a dealer who intends to resell the vehicle, he is not required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215 [,] and shall pay the governmental services taxes due.

      5.  If the transferee consigns the vehicle to a wholesale vehicle auctioneer:

      (a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of [ownership] title for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of [ownership] title for the vehicle.

      (b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 4. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:

             (1) Does not take an ownership interest in the vehicle;

             (2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and

             (3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of [ownership] title and the bill of sale and any other documents of transfer for the vehicle.

      6.  A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the Department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle.


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The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the governmental services taxes due.

      7.  As used in this section, “wholesale vehicle auctioneer” means a dealer who:

      (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and

      (b) Does not in the ordinary course of his business buy, sell or own the vehicles he auctions.

      Sec. 18.  NRS 482.415 is hereby amended to read as follows:

      482.415  1.  Whenever application is made to the Department for registration of a vehicle previously registered pursuant to this chapter and the applicant is unable to present the certificate of registration or [ownership] certificate of title previously issued for the vehicle because the certificate of registration or [ownership] certificate of title is lost, unlawfully detained by one in possession or otherwise not available, the Department may receive the application, investigate the circumstances of the case and require the filing of affidavits or other information. When the Department is satisfied that the applicant is entitled to a new [certificates] certificate of registration and [ownership,] certificate of title, it may register the applicant’s vehicle and issue new certificates and a new license plate or plates to the person or persons entitled thereto.

      2.  Whenever application is made to the Department for the registration of a motor vehicle of which the:

      (a) Ownership has been transferred;

      (b) Certificate of [ownership] title is lost, unlawfully detained by one in possession or otherwise not available; and

      (c) Model year is 9 years old or newer,

the transferor of the motor vehicle may, [for the purpose of furnishing] to furnish any information required by the Department to carry out the provisions of NRS 484.60665, designate the transferee of the motor vehicle as his attorney in fact on a form for a power of attorney provided by the Department.

      3.  The Department shall provide the form described in subsection 2. The form must be:

      (a) Produced in a manner that ensures that the form may not be easily counterfeited; and

      (b) Substantially similar to the form set forth in Appendix E of Part 580 of Title 49 of the Code of Federal Regulations.

      4.  The Department may charge a fee not to exceed 50 cents for each form it provides.

      Sec. 19.  NRS 482.424 is hereby amended to read as follows:

      482.424  1.  When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealer’s or rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be in a form prescribed by the Department and must include:

      (a) A description of the vehicle, including whether it is a rebuilt vehicle;

      (b) The name and address of the seller; and


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      (c) The name and address of the buyer.

      2.  If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be entered on the dealer’s or rebuilder’s report of sale.

      3.  Unless an extension of time is granted by the Department, the seller shall:

      (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state; and

      (b) Submit the original of the dealer’s or rebuilder’s report of sale and remit the fee collected pursuant to this subsection for the certificate of title to the Department within 30 days after the execution of the dealer’s or rebuilder’s report of sale, together with the properly endorsed certificate of title [or certificate of ownership] previously issued for the vehicle.

      4.  Upon entering into a contract for the sale of a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

      (a) Be in a form prescribed by the Department;

      (b) Be made of a material appropriate for use on the exterior of a vehicle;

      (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

      (d) Include the date of its expiration.

      5.  Compliance with the requirements of subsection 4 permits the vehicle to be operated for not more than 30 days after the execution of the contract. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the buyer shall remove the temporary placard from the rear of the vehicle.

      6.  [For the purposes of establishing] To establish compliance with the period required by paragraph (b) of subsection 3, the Department shall use the date imprinted or otherwise indicated on the dealer’s or rebuilder’s report of sale as the beginning date of the 30-day period.

      7.  Upon executing all documents necessary to complete the sale of the vehicle, the seller shall execute the dealer’s or rebuilder’s report of sale and furnish a copy of the report to the buyer not less than 10 days before the expiration of the temporary placard.

      Sec. 20.  NRS 482.4245 is hereby amended to read as follows:

      482.4245  1.  If a used or rebuilt vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a long-term lessor’s report of lease. Such a report must be in a form prescribed by the Department and must include:

      (a) A description of the vehicle;

      (b) An indication as to whether the vehicle is a rebuilt vehicle; and

      (c) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.

      2.  Unless an extension of time is granted by the Department, the long-term lessor shall submit the original of the long-term lessor’s report of lease to the Department within 30 days after the execution of the long-term lessor’s report of lease, together with the properly endorsed certificate of title [or certificate of ownership] previously issued for the vehicle.


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lessor’s report of lease, together with the properly endorsed certificate of title [or certificate of ownership] previously issued for the vehicle.

      3.  Upon entering into a lease for a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

      (a) Be in a form prescribed by the Department;

      (b) Be made of a material appropriate for use on the exterior of a vehicle;

      (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

      (d) Include the date of its expiration.

      4.  Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed 30 days after the execution of the lease. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the long-term lessee shall remove the temporary placard from the rear of the vehicle.

      5.  [For the purposes of establishing] To establish compliance with the period required by subsection 2, the Department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 30-day period.

      6.  Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall execute the long-term lessor’s report of lease and furnish a copy of the report to the long-term lessee not less than 10 days before the expiration of the temporary placard.

      Sec. 21.  NRS 482.426 is hereby amended to read as follows:

      482.426  When a used or rebuilt vehicle is sold in this state by a person who is not a dealer or rebuilder, the seller or buyer or both of them shall, within 10 days after the sale, submit to the Department:

      1.  If a certificate of [ownership] title has been issued in this state, the certificate properly endorsed.

      2.  If a certificate of title or other document of title has been issued by a public authority of another state, territory or country:

      (a) The certificate or document properly endorsed; and

      (b) A statement containing, if not included in the endorsed certificate or document, the description of the vehicle, including whether it is a rebuilt vehicle, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. Any such statement must be signed and acknowledged by the seller and the buyer.

      3.  If no document of title has been issued by any public authority, a statement containing all the information and signed and acknowledged in the manner required by paragraph (b) of subsection 2.

      Sec. 22.  NRS 482.427 is hereby amended to read as follows:

      482.427  1.  Upon receipt of the documents required respectively by NRS 482.423, 482.424 and 482.426 to be submitted to it, and the payment of all required fees, the Department shall issue a certificate of [ownership.] title.

      2.  If no security interest is created or exists in connection with the sale, the certificate of [ownership] title must be issued to the buyer.

      3.  If a security interest is created by the sale, the certificate of [ownership] title must be issued to the secured party or to his assignee.


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      Sec. 23.  NRS 482.428 is hereby amended to read as follows:

      482.428  1.  Whenever a security interest is created in a motor vehicle, other than a security interest required to be entered pursuant to NRS 482.423, 482.424 or 482.426, the certificate of [ownership] title of the vehicle [shall] must be delivered to the Department with a statement signed by the debtor showing the date of the security agreement, the name and address of the debtor and the name and address of the secured party.

      2.  The Department shall issue and deliver to the secured party a certificate of [ownership] title with the name and address of the secured party noted thereon.

      Sec. 24.  NRS 482.431 is hereby amended to read as follows:

      482.431  Within 15 days after the terms of the contract or security agreement have been fully performed, the seller or other secured party who holds a certificate of [ownership] title shall deliver the certificate of [ownership] title to the person or persons legally entitled thereto, with proper evidence of the termination or release of the security interest.

      Sec. 25.  NRS 482.436 is hereby amended to read as follows:

      482.436  Any person is guilty of a gross misdemeanor who knowingly:

      1.  Makes any false entry on any certificate of origin or certificate of [ownership;] title;

      2.  Furnishes false information to the Department concerning any security interest; or

      3.  Fails to submit the original of the dealer’s or rebuilder’s report of sale of a used or rebuilt vehicle to the Department within the time prescribed in subsection 3 of NRS 482.424.

      Sec. 26.  NRS 482.438 is hereby amended to read as follows:

      482.438  1.  It is unlawful for a dealer or any other person, with the intent to defraud, to obtain a duplicate certificate of [ownership] title for any vehicle in which he grants a security interest to secure a present or future debt, obligation or liability of any nature arising from a loan or other extension of credit made in connection with the financing of the inventory of the vehicles of the dealer, or to engage in any other similar practice commonly known as “flooring.”

      2.  A person who violates the provisions of subsection 1 shall be punished in accordance with the provisions of NRS 205.380.

      3.  In addition to any penalty imposed pursuant to subsection 2, the court shall order the person to pay restitution.

      Sec. 27.  NRS 482.441 is hereby amended to read as follows:

      482.441  The Department may identify trimobiles as such on certificates of [ownership] title and registration.

      Sec. 28.  NRS 482.465 is hereby amended to read as follows:

      482.465  1.  The Department shall rescind and cancel the registration of a vehicle whenever the person to whom the certificate of registration or license plates therefor have been issued makes or permits to be made any unlawful use of the certificate or plates or permits the use thereof by a person not entitled thereto.

      2.  The Department shall cancel a certificate of [ownership] title or certificate of registration and license plates which have been issued erroneously or improperly, or obtained illegally.

      3.  In addition to any other penalty set forth in this chapter and chapters 366 and 706 of NRS, the Department may revoke a certificate of [ownership] title or a certificate of registration and license plates for a vehicle with a declared gross weight in excess of 26,000 pounds if the Department determines that:


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declared gross weight in excess of 26,000 pounds if the Department determines that:

      (a) The licensee of the vehicle has violated one or more of the provisions of this chapter or chapter 366 or 706 of NRS; and

      (b) There is reasonable cause for the revocation.

      4.  Before revoking a certificate of [ownership] title or a certificate of registration and license plates pursuant to subsection 3, the Department must send a written notice by certified mail to the licensee at his last known address ordering him to appear before the Department at a time not less than 10 days after the mailing of the notice to show cause why the certificate of [ownership] title or the certificate of registration and license plates should not be revoked pursuant to this section.

      5.  Upon rescission, revocation or cancellation of the certificate of [ownership] title or of the certificate of registration and license plates, the affected certificate or certificate and plates must be returned to the Department upon receipt of notice of rescission, revocation or cancellation.

      Sec. 29.  NRS 482.470 is hereby amended to read as follows:

      482.470  1.  If any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall deliver to the Department any certificate of registration and certificate of [ownership] title issued by the Department or any other jurisdiction, unless the certificate of [ownership] title is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.

      2.  Any other person taking possession of a vehicle described in subsection 1 shall immediately deliver to the Department any license plate or plates, certificate of registration or certificate of [ownership] title issued by the Department or any other jurisdiction, if he has acquired possession of any of these and unless the certificate of [ownership] title is required for a further transfer in the ultimate disposition of the vehicle.

      3.  The Department may issue a salvage title as provided in chapter 487 of NRS. The Department shall not charge a fee for the issuance of the salvage title.

      4.  The Department shall destroy any plate or plates, certificate of registration or certificate of [ownership] title that is returned in a manner described in subsections 1 and 2. The Department shall not issue a certificate of registration or certificate of [ownership] title for a vehicle with the same identification number as the dismantled, junked or inoperative vehicle if the vehicle was manufactured in the 5 years preceding the date on which it was dismantled, junked or otherwise rendered inoperative, unless the Department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.

      Sec. 30.  NRS 482.545 is hereby amended to read as follows:

      482.545  It is unlawful for any person to commit any of the following acts:

      1.  To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the Department for the current period of registration or calendar year, subject to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.3965, inclusive, and 482.420.


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      2.  To display, cause or permit to be displayed or to have in possession any certificate of registration, license plate, certificate of [ownership] title or other document of title knowing it to be fictitious or to have been cancelled, revoked, suspended or altered.

      3.  To lend to or knowingly permit the use of by one not entitled thereto any registration card or plate issued to the person so lending or permitting the use thereof.

      4.  To fail or to refuse to surrender to the Department, upon demand, any registration card or plate which has been suspended, cancelled or revoked as provided in this chapter.

      5.  To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in an application. A violation of this subsection is a gross misdemeanor.

      6.  Knowingly to operate a vehicle which:

      (a) Has an altered identification number or mark; or

      (b) Contains a part which has an altered identification number or mark.

      Sec. 31.  NRS 482.555 is hereby amended to read as follows:

      482.555  In addition to any other penalty provided by this chapter:

      1.  It is a gross misdemeanor for any person knowingly to falsify:

      (a) A dealer’s or rebuilder’s report of sale, as described in NRS 482.423 and 482.424; or

      (b) An application or document to obtain any:

             (1) License;

             (2) Permit; or

             (3) Certificate of [ownership,] title,

issued under the provisions of this chapter.

      2.  It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this section or other provision of this chapter or other law of this state declared to be a gross misdemeanor or a felony.

      Sec. 32.  NRS 483.290 is hereby amended to read as follows:

      483.290  1.  Every application for an instruction permit or for a driver’s license must:

      (a) Be made upon a form furnished by the Department.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      (c) Be accompanied by the required fee.

      (d) State the [full] name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

      (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

      (f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

      2.  Every applicant must furnish proof of his age by displaying:

      (a) If the applicant was born in the United States, a birth certificate issued by a state or the District of Columbia or other proof of the date of birth of the applicant, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the Department; or


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birth of the applicant, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the Department; or

      (b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice or a Report of Birth Abroad of a Citizen of the United States [Citizen Child] issued by the Department of State, a driver’s license issued by another state or the District of Columbia or other proof acceptable to the Department other than a passport issued by a foreign government.

      3.  At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      4.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.

      Sec. 33.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the [full] name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.

      2.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      3.  Information pertaining to the issuance of a driver’s license pursuant to subsection 2 is confidential.


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      4.  It is unlawful for any person to use a driver’s license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.

      5.  At the time of the issuance or renewal of the driver’s license, the Department shall:

      (a) Give the holder the opportunity to indicate on his driver’s license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body;

      (b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.

      6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      7.  The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 34.  NRS 483.850 is hereby amended to read as follows:

      483.850  1.  Every application for an identification card must be made upon a form provided by the Department and include:

      (a) The applicant’s [full] name.

      (b) His social security number, if any.

      (c) His date of birth.

      (d) His state of legal residence.

      (e) His current address in this state, unless the applicant is on active duty in the military service of the United States.

      (f) A statement from:

             (1) A resident stating that he does not hold a valid driver’s license or identification card from any state or jurisdiction; or

             (2) A seasonal resident stating that he does not hold a valid Nevada driver’s license.

      2.  When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths.

      3.  At the time of applying for an identification card, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      4.  A person who possesses a driver’s license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the Department the driver’s license or identification card issued by the other state or jurisdiction at the time he applies for an identification card pursuant to this section.

      Sec. 35.  NRS 486.081 is hereby amended to read as follows:

      486.081  1.  Every application for a motorcycle driver’s license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths.


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the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      2.  Every application must:

      (a) State the [full] name, date of birth, sex and residence address of the applicant;

      (b) Briefly describe the applicant;

      (c) State whether the applicant has previously been licensed as a driver, and, if so, when and by what state or country;

      (d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

      (e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.

      3.  Every applicant shall furnish proof of his age by displaying:

      (a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate, driver’s license issued by another state or the District of Columbia or other proof acceptable to the Department; or

      (b) If he was born outside the United States, a:

             (1) Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the Department of Justice;

             (2) Report of Birth Abroad of a Citizen of the United States [Citizen Child] issued by the Department of State;

             (3) Driver’s license issued by another state or the District of Columbia; or

             (4) Passport issued by the United States Government.

      Sec. 36.  NRS 487.100 is hereby amended to read as follows:

      487.100  1.  Except as otherwise provided in subsection 2, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool [,] any vehicle subject to registration pursuant to the laws of this state shall forward to the Department the certificates of [ownership] title and registration last issued therefor.

      2.  The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the Manufactured Housing Division.

      3.  The state agency may issue to the licensee a salvage title containing a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The state agency shall not charge a fee for the issuance of the salvage title.

      Sec. 37.  NRS 487.110 is hereby amended to read as follows:

      487.110  1.  Except as otherwise provided in subsection 2, whenever a vehicle subject to registration is sold as salvage:

      (a) As a result of a total loss insurance settlement, the insurance company or its authorized agent shall forward the endorsed [ownership] certificate of title or other evidence of title to the state agency within 30 days after receipt thereof; or

      (b) Because the owner determines that the vehicle is a total loss vehicle,

the owner shall forward the [ownership] certificate of title or other evidence of title to the state agency within 120 days after the vehicle is damaged.


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      2.  The insurance company or its authorized agent may sell a vehicle for which a total loss settlement has been made with the properly endorsed [ownership] certificate of title or other evidence of title if the total loss settlement resulted from the theft of the vehicle and the vehicle, when recovered, was not damaged to the extent that it was required to be rebuilt. An owner who has determined that a vehicle is a total loss vehicle may sell the vehicle with the properly endorsed [ownership] certificate of title or other evidence of title to a salvage pool, automobile auction, rebuilder, automobile wrecker or a new or used motor vehicle dealer.

      3.  Upon the sale of the salvage vehicle, the insurance company, salvage pool, automobile auction, leasing company or financial institution which sells the salvage vehicle shall issue a bill of sale of salvage to the purchaser on a form to be prescribed and supplied by the state agency. The state agency shall accept the bill of sale of salvage in lieu of the [ownership] certificate of title or other evidence of title when accompanied by an appropriate application or other documents and fees.

      4.  When the salvage vehicle is rebuilt and to be restored to operation, the vehicle may not be licensed for operation or the ownership thereof transferred until there is submitted to the state agency with the prescribed bill of sale of salvage an appropriate application, other documents and fees required, and a certificate of inspection signed by an employee of the state agency attesting to its mechanical fitness and safety.

      5.  When a total loss insurance settlement between the insurance company and its insured results in the retention of the salvage vehicle by the insured, the insurance company or its authorized agent shall, within 30 days after the date of settlement, notify the state agency of the retention by its insured upon a form to be supplied by the state agency.

      Sec. 38.  NRS 487.120 is hereby amended to read as follows:

      487.120  1.  If the applicant for a salvage title is unable to furnish the certificates of [ownership] title and registration last issued for the vehicle or a bill of sale of salvage, the state agency may accept the application, examine the circumstances of the case and require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a salvage title, the state agency may issue the salvage title.

      2.  No duplicate certificate of [ownership] title or registration may be issued when a salvage title is applied for, and no fees are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.

      Sec. 39.  NRS 487.160 is hereby amended to read as follows:

      487.160  1.  The Department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:

      (a) Is not lawfully entitled thereto;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license;

      (c) Has failed to return a salvage title to the state agency when and as required of him by NRS 487.045 to 487.190, inclusive; or

      (d) Has failed to surrender to the state agency certificates of [ownership] title for vehicles before beginning to dismantle or wreck the vehicles.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the Department in writing for a hearing.


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      3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  The Department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny a license to an applicant therefor, if the licensee or applicant:

      (a) Does not have or maintain an established place of business in this state.

      (b) Made a material misstatement in any application.

      (c) Willfully fails to comply with any provision of NRS 487.045 to 487.190, inclusive.

      (d) Fails to furnish and keep in force any bond required by NRS [487.050] 487.045 to 487.190, inclusive.

      (e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.

      (f) Fails to maintain any license or bond required by a political subdivision of this state.

      (g) Has been convicted of a felony.

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (i) Fails or refuses to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.

      5.  If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      6.  The Department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.

      7.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS [487.050] 487.045 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      8.  For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS 487.045 to 487.190, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

      Sec. 40.  NRS 487.185 is hereby amended to read as follows:

      487.185  1.  A person shall not remove a total loss vehicle from this state [for the purpose of selling] to sell that vehicle unless the [ownership] certificate of title or other evidence of title has been forwarded to the state agency pursuant to paragraph (b) of subsection 1 of NRS 487.110.

      2.  A person who violates the provisions of this section:


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      (a) If the value of the vehicle removed from this state is less than $250, is guilty of a misdemeanor.

      (b) If the value of the vehicle removed from this state is $250 or more, is guilty of a gross misdemeanor.

      Sec. 41.  NRS 487.250 is hereby amended to read as follows:

      487.250  1.  The state agency or political subdivision shall, within 48 hours after the appraisal, notify the head of the state agency of the removal of the vehicle. The notice must contain:

      (a) A description of the vehicle.

      (b) The appraised value of the vehicle.

      (c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.

      2.  The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.

      3.  Failure to reclaim within 15 days after notification a vehicle appraised at $500 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.

      4.  If all recorded interests in a vehicle appraised at $500 or less are waived, either as provided in subsection 3 or by written disclaimer by any person having an interest in the vehicle, the state agency shall issue a salvage title to the automobile wrecker who towed the vehicle or to whom the vehicle may have been delivered, or a certificate of [ownership] title to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.

      Sec. 42.  NRS 487.270 is hereby amended to read as follows:

      487.270  1.  Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker who towed the vehicle has a lien on the vehicle for the costs of towing and storing for a period not exceeding 90 days.

      2.  If the vehicle is appraised at a value of $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his lien by retaining the vehicle and obtaining a certificate of [ownership] title thereto or a salvage title as provided in NRS 487.250.

      3.  If the vehicle is appraised at a value of more than $500 and is not reclaimed within 45 days, the owner of the garage or automobile wrecker may satisfy his lien, in accordance with the provisions of NRS 108.265 to 108.360, inclusive.

      Sec. 43.  NRS 487.480 is hereby amended to read as follows:

      487.480  1.  Before an operator of a salvage pool sells any vehicle subject to registration pursuant to the laws of this state, he must have in his possession the certificate of [ownership] title or a bill of sale of salvage for that vehicle. He shall, within 10 days after completion of the transaction, forward the certificate of [ownership] title or bill of sale of salvage to the Department. The Department shall not issue a certificate of registration or certificate of [ownership] title for a vehicle with the same identification number if the vehicle was manufactured in the 5 years preceding the date on which the operator forwards the certificates to the Department, unless the Department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.


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Department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.

      2.  Upon sale of the vehicle, the operator of the salvage pool shall provide a bill of sale of salvage to the licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder on a form prescribed and supplied by the Department. The Department shall accept the bill of sale of salvage in lieu of the certificate of [ownership] title or other evidence of title from the:

      (a) Automobile wrecker, if the bill of sale of salvage is accompanied by an appropriate application for a salvage title; or

      (b) Dealer of new or used motor vehicles or rebuilder when he licenses the vehicle for operation or transfers ownership of it, if the bill of sale of salvage is accompanied by an appropriate application, all other required documents and fees, and a certificate of inspection signed by an employee of the Department attesting to the mechanical fitness and safety of the vehicle.

      3.  The Department may issue to:

      (a) The licensed automobile wrecker;

      (b) A licensed operator of a salvage pool;

      (c) A dealer of new or used motor vehicles who is licensed in another state or foreign country and is registered with a salvage pool; or

      (d) An automobile wrecker or dismantler who is licensed in another state or foreign country and is registered with a salvage pool,

a salvage title that contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle. Except as otherwise provided in this subsection, the Department shall charge and collect a fee of $10 for the issuance of a salvage title pursuant to this subsection. The Department shall not charge such a fee for the issuance of a salvage title to an automobile wrecker licensed in this state. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages. Possession of a salvage title does not entitle a person to dismantle, scrap, process or wreck any vehicle in this state unless the person holds a license issued pursuant to NRS 487.050.

      Sec. 44.  NRS 125B.220 is hereby amended to read as follows:

      125B.220  1.  Upon deposit of any asset pursuant to NRS 125B.210 which is not money or is not readily convertible into money, the court may, not fewer than 25 days after serving the obligor-parent with written notice and providing an opportunity for hearing, order the sale of the asset and deposit the proceeds of the sale with the trustee designated by the court to receive the assets. The sale of assets must be conducted in accordance with the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the sale of property under execution.

      2.  When an asset ordered to be deposited is real property, the order must be certified in accordance with NRS 17.150 and recorded with the county recorder. The deposited real property and the rights, benefits and liabilities attached to that property continue in the possession of the legal owner until it becomes subject to a use or sale of assets pursuant to this section or NRS 125B.210. The legal owner may not transfer, encumber, hypothecate, dispose of or realize profits from the property unless approved by the court.


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      3.  When an asset ordered to be deposited is personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper or accounts, the trustee shall file a financing statement in accordance with NRS 104.9501, 104.9502 and 104.9516.

      4.  When an asset ordered to be deposited is a vehicle registered with the Department of Motor Vehicles, the trustee shall deliver to the Department the certificate of [ownership] title of the vehicle in accordance with NRS 482.428.

      Sec. 45.  NRS 125B.280 is hereby amended to read as follows:

      125B.280  1.  The trustee designated by the court to receive assets pursuant to NRS 125B.210 shall return any assets to the obligor-parent when:

      (a) The obligor-parent has given the trustee notice to return assets;

      (b) All payments in arrears have been paid in full; and

      (c) The obligor-parent has made, in a timely manner, all payments of support ordered for the 12 months immediately preceding the date notice was given to the trustee.

      2.  If the deposited assets include real property, upon the satisfaction of the requirements of subsection 1, the trustee shall prepare a release and record it in the office of the county recorder.

      3.  If the deposited assets include personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper or accounts, the trustee shall, upon the satisfaction of the requirements of subsection 1, prepare a termination statement and file it in accordance with NRS 104.9513.

      4.  If the deposited assets include a vehicle registered with the Department of Motor Vehicles, the trustee shall, upon the satisfaction of the requirements of subsection 1, deliver the certificate of [ownership] title to the obligor-parent in accordance with NRS 482.431.

      Sec. 46.  NRS 146.080 is hereby amended to read as follows:

      146.080  1.  If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this state, and the gross value of the decedent’s property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the State Welfare Administrator or public administrator on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.

      2.  An affidavit made pursuant to this section must state:

      (a) The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

      (b) The date and place of death of the decedent;


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      (c) That the gross value of the decedent’s property in this state, except amounts due [to] the decedent for services in the Armed Forces of the United States, does not exceed $20,000, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;

      (d) That at least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;

      (e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

      (f) That all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid, have been paid or provided for;

      (g) A description of the personal property and the portion claimed;

      (h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiant’s claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;

      (i) That the affiant is personally entitled, or the Department of Human Resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; and

      (j) That the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this state.

      3.  If the affiant:

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent.

      (b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.

      4.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.

      5.  Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.

      6.  If any property of the estate not exceeding $20,000 is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:

      (a) A specific description of all the property of the decedent.


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      (b) A list of all the liens and mortgages of record at the date of the decedent’s death.

      (c) An estimate of the value of the property of the decedent.

      (d) The names, ages of any minors [,] and residences of the decedent’s heirs and devisees.

      (e) A request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $20,000.

      (f) An attached copy of the executed affidavit made pursuant to subsection 2.

If the court finds that the gross value of the estate does not exceed $20,000 and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.

      Sec. 47.  NRS 179.1185 is hereby amended to read as follows:

      179.1185  If a vehicle or other conveyance is forfeited of a kind which is subject to the provisions of title 43 of NRS governing certificates of [ownership,] title, the agency charged by law with responsibility for issuing certificates of [ownership] title for conveyances of the kind shall issue a certificate of [ownership] title to:

      1.  The governing body or the agency to whom the title was awarded by the court if the conveyance is retained for official use; or

      2.  The purchaser if the conveyance is sold by the governing body or the plaintiff.

      Sec. 48.  NRS 253.0403 is hereby amended to read as follows:

      253.0403  1.  When the gross value of a decedent’s property situated in this state does not exceed $5,000, a public administrator may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his right to do so.

      2.  The affidavit must provide:

      (a) The public administrator’s name and address, and his attestation that he is entitled by law to administer the estate;

      (b) The decedent’s place of residence at the time of his death;

      (c) That the gross value of the decedent’s property in this state does not exceed $5,000;

      (d) That at least 40 days have elapsed since the death of the decedent;

      (e) That no application or petition for the appointment of a personal representative is pending or has been granted in this state;

      (f) A description of the personal property of the decedent;

      (g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;

      (h) If heirs or next of kin are known to the affiant, a description of the method of service he used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;

      (i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and

      (j) The name of each person to whom the affiant intends to distribute the decedent’s property.

      3.  Before filing the affidavit with the court, the public administrator shall take reasonable steps to ascertain whether any of the decedent’s heirs or next of kin exist. If the administrator determines that heirs or next of kin exist, he shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.


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      4.  If the affiant:

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 150.220.

      (b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property he holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.

      5.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.

      6.  Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator to do so:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.

      Sec. 49.  NRS 706.616 is hereby amended to read as follows:

      706.616  1.  If the ownership of a vehicle subject to the lien provided for by NRS 706.601 is transferred, whether by operation of law or otherwise, no certificate of registration or certificate of [ownership] title with respect to such vehicle [shall] may be issued by the Department to the transferee or person otherwise entitled thereto until the Department has issued a certificate that such lien has been removed.

      2.  No license issued under chapter 706 of NRS with respect to a vehicle which becomes subject to the lien provided for by NRS 706.601 [shall] may be transferred until the Department has issued a certificate that [such] the lien has been removed.

      Sec. 50.  1.  This section and sections 2, 4, 5, 8, 9, 11, 13 to 31, inclusive, and 36 to 49, inclusive, of this act become effective on July 1, 2003.

      2.  Section 9 of this act expires by limitation on September 30, 2003.

      3.  Sections 1, 3, 6, 7, 10, 12 and 32 to 35, inclusive, of this act become effective on October 1, 2003.

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CHAPTER 71, AB 199

Assembly Bill No. 199–Assemblyman Hettrick

 

CHAPTER 71

 

AN ACT relating to counties; exempting the proceeds from the annual tax that a county may impose to support a county museum, art center or historical society from the limitation on allowed revenues from taxes ad valorem for the county; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.377 is hereby amended to read as follows:

      244.377  1.  The board of county commissioners of any county may include in the annual budget of the county items to cover the expense of maintaining a county museum, art center or historical society.

      2.  The expenditures so budgeted may be met by including them in the annual tax levy of the county , [;] but in no case may the tax levy for such purposes in any 1 year exceed 5 cents on each $100 of the assessed valuation of the property of that county.

      3.  The proceeds of the tax levy may be paid under contract to a nonprofit historical society, nonprofit museum board or other nonprofit board, committee or organization for their use in paying salaries of museum or art center personnel, in building and maintaining exhibits, in purchasing cabinets, in displaying items and in conducting activities related to a museum or art center, but in no case may such an organization or board make capital improvements without the express approval of the board of county commissioners.

      4.  The proceeds of the tax levied pursuant to this section are exempt from the limitation imposed by NRS 354.59811 and may be excluded in determining the allowed revenue from taxes ad valorem for the county.

      Sec. 2.  NRS 354.59811 is hereby amended to read as follows:

      354.59811  1.  Except as otherwise provided in NRS 244.377, 354.59813, 354.59815, 354.59818, 354.5982, 354.5987, 354.705, 354.723, 450.425, 450.760, 540A.265 and 543.600, 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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assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

      (b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

      2.  As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.087 to 350.095, inclusive.

      Sec. 3.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 72, AB 206

Assembly Bill No. 206–Assemblymen Pierce, Manendo, Giunchigliani, Chowning, Leslie, Arberry, Atkinson, Buckley, Claborn, Conklin, Goldwater, Hardy, Horne, Koivisto, Mabey, McClain, McCleary, Oceguera, Ohrenschall, Parks, Sherer and Weber

 

CHAPTER 72

 

AN ACT relating to industrial insurance; revising provisions governing deductions from compensation for a permanent total disability; prohibiting the recovery by an insurer of more than the actual amount of a lump sum paid to an employee for a permanent partial disability when the employee is compensated for a permanent total disability; authorizing an employee to repay in a single payment the actual amount of a lump sum paid to an employee for a permanent partial disability; requiring insurers to refund to certain employees the amounts the employees overpaid when repaying lump sums for permanent partial disabilities; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616C.440 is hereby amended to read as follows:

      616C.440  1.  Except as otherwise provided in this section and 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 accident arising out of and in the course of employment, or his dependents as defined in chapters 616A to 616D, inclusive, of NRS, is entitled to receive the following compensation for permanent total disability:


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      (a) In cases of total disability adjudged to be permanent, compensation per month of 66 2/3 percent of the average monthly wage.

      (b) If 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, but such a deduction for a previous award for permanent partial disability must be made in a reasonable manner and must not be more than the total amount which was paid for the previous award for permanent partial disability. The total amount of the allowable deduction includes, without limitation, compensation for a permanent partial disability that was deducted from:

             (1) Any compensation the employee received for a temporary total disability; or

             (2) Any other compensation received by the employee.

      (c) If the character of the injury is such as to render the employee so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but the allowance may not be made while the employee is receiving benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS 616C.265.

      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 permanent total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive [such] those benefits when the injured employee is released from incarceration if he is certified as permanently totally disabled by a physician or chiropractor.

      3.  An employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. The insurer has the burden of proving that the permanent total disability no longer exists.

      4.  If an employee who has received compensation in a lump sum for a permanent partial disability pursuant to NRS 616C.495 is subsequently determined to be permanently and totally disabled, the [compensation for the permanent total disability must be reduced as follows:

      (a) If the employee has not received a minimum lump sum, the insurer of the employee’s employer shall deduct from the compensation for the permanent total disability an amount equal to the monthly installment rate for awards for permanent partial disability until the insurer has deducted an amount that equals the amount it has already paid out as a lump sum; or

      (b) If the employee received a minimum lump sum, the] insurer of the employee’s employer shall recover pursuant to this subsection the actual amount of the lump sum paid to the employee for the permanent partial disability. The insurer shall not recover from the employee, whether by deductions or single payment, or a combination of both, more than the actual amount of the lump sum paid to the employee. To recover the actual amount of the lump sum, the insurer shall:

      (a) Unless the employee submits a request described in paragraph (b), deduct from the compensation for the permanent total disability an amount [of] that is not more than 10 percent of the rate of compensation for a permanent total disability until the actual amount of the lump sum paid to the employee for the permanent partial disability is recovered [.


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permanent total disability until the actual amount of the lump sum paid to the employee for the permanent partial disability is recovered [.

The provisions of this subsection are retroactive for all claims for compensation for a permanent total disability remaining open on January 1, 2000.] ; or

      (b) Upon the request of the employee, accept in a single payment from the employee an amount that is equal to the actual amount of the lump sum paid to the employee for the permanent partial disability, less the actual amount of all deductions made to date by the insurer from the employee for repayment of the lump sum.

      Sec. 2.  1.  Each insurer who, pursuant to subsection 4 of NRS 616C.440, made a deduction from any compensation paid for a permanent total disability on a claim that was open on or after January 1, 2000, and before July 1, 2003, shall, as soon as practicable on or after July 1, 2003, recalculate the amount of the lump sum required to be repaid by the employee pursuant to the amendatory provisions of subsection 4 of section 1 of this act. In making the recalculation, the insurer shall determine the total of all of the actual amounts of all deductions made from the compensation paid to the employee pursuant to subsection 1 or 4 of NRS 616C.440 for the permanent total disability and subtract that amount from the actual amount of the lump sum paid to the employee for the permanent partial disability. The resulting amount is the maximum amount that the insurer may require the employee to repay for the lump sum for the permanent partial disability. Upon completing the recalculation required pursuant to this subsection, the insurer shall notify each employee for whom a recalculation was made of the results of the recalculation, including, without limitation, the actual amounts of all deductions and lump sums and the method or manner of recalculation.

      2.  If, after making a recalculation pursuant to subsection 1, an insurer determines that an employee has repaid an amount that is more than the actual amount of the lump sum paid to the employee for the permanent partial disability, the insurer shall immediately refund the amount of the overpayment to the employee.

      3.  If an insurer determines that an employee is entitled to a refund pursuant to subsection 2, and if the employee’s claim is closed on or before the date the insurer makes the determination, the insurer shall:

      (a) To the greatest extent practicable, locate the employee or, if the employee is deceased, the administrator or executor of the estate of the employee, if any; and

      (b) Deliver the refund to the employee, administrator or executor.

      4.  If an insurer is unable to deliver a refund pursuant to subsection 3, the insurer shall submit a written notice to the Division of Industrial Relations of the Department of Business and Industry. The written notice must be submitted within 10 days after the insurer determines it is unable to deliver the refund and must include, without limitation:

      (a) The name of the employee; and

      (b) A statement indicating that:

             (1) The employee is entitled to a refund pursuant to subsection 2; and

             (2) The insurer was unable to deliver the refund pursuant to subsection 3.

      Sec. 3.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 484ê

 

CHAPTER 73, AB 248

Assembly Bill No. 248–Committee on Government Affairs

 

CHAPTER 73

 

AN ACT relating to the Charter of the City of North Las Vegas; increasing the term of Office of Municipal Judges; authorizing an increase in salary to be applied during the current term of a Municipal Judge; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 4.005 of the Charter of the City of North Las Vegas, being chapter 215, Statutes of Nevada 1997, at page 747, is hereby amended to read as follows:

       Sec. 4.005  Municipal Court.

       1.  There is a Municipal Court of the City which consists of at least one department. Each department must be presided over by a Municipal Judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this Charter, governed by the provisions of chapters 5 and 266 of NRS which relate to Municipal Courts.

       2.  The City Council may, from time to time, by ordinance, establish additional departments of the Municipal Court and shall appoint an additional Municipal Judge for each additional department.

       3.  At the first municipal primary or municipal general election that follows the appointment of an additional Municipal Judge to a newly created department of the Municipal Court, the successor to that Municipal Judge must be elected for [a] an initial term of [2 or 4] not more than 6 years, as determined by the City Council, in order that, as nearly as practicable, [one-half] one-third of the number of Municipal Judges be elected every 2 years.

       4.  Except as otherwise provided by the ordinance establishing an additional department, each Municipal Judge must be voted upon by the registered voters of the City at large [.] and holds office for a period of 6 years and until his successor has been elected and qualified.

       5.  The respective departments of the Municipal Court must be numbered 1 through the appropriate Arabic numeral, as additional departments are approved by the City Council. A Municipal Judge must be elected for each department by number.


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ê2003 Statutes of Nevada, Page 485 (Chapter 73, AB 248)ê

 

      Sec. 2.  Section 4.020 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as follows:

       Sec. 4.020  Municipal Court: Residency requirement of Municipal Judge; salary.

       1.  A Municipal Judge must have been a resident of the City for a continuous period of at least 6 months immediately preceding his election.

       2.  If so required by an ordinance duly enacted, candidates for the office of Municipal Judge, at the time of filing, shall produce evidence in satisfaction of any or all of the qualifications for office.

       3.  The salary of a Municipal Judge must be fixed by the City Council [.] , must be uniform for all departments of the Municipal Court and may be increased during the term for which a Municipal Judge is elected or appointed.

      Sec. 3.  Section 5.010 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 405, Statutes of Nevada 1981, at page 754, is hereby amended to read as follows:

       Sec. 5.010  General municipal elections.

       1.  [On the Tuesday after the 1st Monday in June 1981, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a Municipal Judge, who shall hold office for a period of 4 years and until his successor has been elected and qualified.

       2.]  On the Tuesday after the [1st] first Monday in June 1977, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the City, at a general election to be held for that purpose, a Mayor and two Councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

       [3.] 2.  On the Tuesday after the [1st] first Monday in June 1975, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the City, at a general election to be held for that purpose, two Councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      Sec. 4.  The provisions of section 1 of this act do not apply to the current term of any Municipal Judge elected or appointed before October 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 486ê

 

CHAPTER 74, AB 299

Assembly Bill No. 299–Assemblymen Beers, Gustavson, Christensen, Conklin, Giunchigliani, Grady, Horne, Koivisto, McClain, Pierce, Sherer and Weber

 

Joint Sponsors: Senators Cegavske, Amodei, Care and Schneider

 

CHAPTER 74

 

AN ACT relating to motor vehicles; establishing the duties of a driver when that driver approaches an authorized emergency vehicle which is stopped and is making use of flashing lights; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon approaching an authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484.787, the driver of the approaching vehicle shall, in the absence of other direction given by a peace officer:

      (a) Decrease the speed of his vehicle to a speed that is:

             (1) Reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484.361; and

             (2) Less than the posted speed limit, if a speed limit has been posted;

      (b) Proceed with caution;

      (c) Be prepared to stop; and

      (d) If possible, drive in a lane that is not adjacent to the lane in which the emergency vehicle is stopped, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.

      2.  A person who violates subsection 1 is guilty of a misdemeanor.

________

 


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ê2003 Statutes of Nevada, Page 487ê

 

CHAPTER 75, AB 335

Assembly Bill No. 335–Assemblymen Manendo, Horne, Parks, McCleary, Conklin, Andonov, Arberry, Atkinson, Carpenter, Chowning, Christensen, Claborn, Collins, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Gustavson, Hardy, Knecht, Koivisto, Leslie, McClain, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber and Williams

 

CHAPTER 75

 

AN ACT relating to traffic laws; increasing the penalty for evading a peace officer when evading the peace officer results in death or substantial bodily harm to another person; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.348 is hereby amended to read as follows:

      484.348  1.  Except as otherwise provided in this section, the driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring his vehicle to a stop is guilty of a misdemeanor.

      2.  The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.

      3.  [Except as otherwise provided in subsection 2] Unless the provisions of NRS 484.377 [,] apply if, while violating the provisions of subsection 1, the driver of the motor vehicle:

      (a) Is the proximate cause of [the death of or bodily harm to any person other than himself or] damage to the property of a person other than himself; or

      (b) Operates the motor vehicle in a manner which endangers or is likely to endanger any person other than himself or the property of any person other than himself,

the driver 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, or by a fine of not more than $5,000, or by both fine and imprisonment.

      4.  If, while violating the provisions of subsection 1, the driver of the motor vehicle is the proximate cause of the death of or bodily harm to any person other than himself, the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      Sec. 2.  NRS 484.377 is hereby amended to read as follows:

      484.377  1.  It is unlawful for a person to:

      (a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.

      (b) Drive a vehicle in an unauthorized speed contest on a public highway.


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ê2003 Statutes of Nevada, Page 488 (Chapter 75, AB 335)ê

 

A violation of this subsection or subsection 1 of NRS 484.348 constitutes reckless driving.

      2.  [A] Unless a greater penalty is provided pursuant to subsection 4 of NRS 484.348, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

________

 

CHAPTER 76, AB 409

Assembly Bill No. 409–Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Geddes, Giunchigliani, Hettrick and Marvel

 

CHAPTER 76

 

AN ACT relating to public bodies; authorizing public bodies to provide certain notice of meetings and other information by electronic mail; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) An agenda consisting of:

             (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

             (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items.

             (3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

      3.  Minimum public notice is:

      (a) Posting a copy of the notice at the principal office of the public body [,] or , if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m.


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ê2003 Statutes of Nevada, Page 489 (Chapter 76, AB 409)ê

 

the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and

      (b) [Mailing] Providing a copy of the notice to any person who has requested notice of the meetings of the public body . [in the same manner in which notice is required to be mailed to a member of the body.] A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with , [or] notation upon or text included within the first notice sent. The notice must be [delivered] :

             (1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting [.] for transmittal to the requester by regular mail; or

             (2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.

      4.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

      5.  Upon any request, a public body shall provide, at no charge, at least one copy of:

      (a) An agenda for a public meeting;

      (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

      (c) Any other supporting material provided to the members of the public body for an item on the agenda, except materials:

             (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement;

             (2) Pertaining to the closed portion of such a meeting of the public body; or

             (3) Declared confidential by law.

If the requester has agreed to receive the information and material set forth in this subsection by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

      6.  A public body may provide the public notice, information and material required by this section by electronic mail. If a public body makes such notice, information and material available by electronic mail, the public body shall inquire of a person who requests the notice, information or material if the person will accept receipt by electronic mail. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or material required by this section to a person who has agreed to receive such notice, information or material by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

      7.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:


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ê2003 Statutes of Nevada, Page 490 (Chapter 76, AB 409)ê

 

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 77, AB 438

Assembly Bill No. 438–Assemblymen Christensen, Knecht, Ohrenschall, Andonov, Koivisto, Anderson, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Chowning, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Leslie, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Townsend, Rawson and Washington

 

CHAPTER 77

 

AN ACT relating to industrial insurance; requiring an annual increase in the amount of compensation that a claimant or a dependent of a claimant is entitled to receive for a permanent total disability under industrial insurance; and providing other matters properly relating thereto.

 

[Approved: May 12, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurs on or after January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent. The compensation must be increased pursuant to this section:

      (a) On January 1 of the year immediately after the year in which the claimant or dependent becomes entitled to receive that compensation; and

      (b) On January 1 of each successive year after the year specified in paragraph (a) in which the claimant or dependent is entitled to receive that compensation.

      2.  Any increase in compensation provided pursuant to this section is in addition to any increase in compensation to which a claimant or a dependent of a claimant is otherwise entitled by law.

      Sec. 2.  This act becomes effective on January 1, 2004.

________

 


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ê2003 Statutes of Nevada, Page 491ê

 

CHAPTER 78, AB 126

Assembly Bill No. 126–Assemblymen Pierce, Anderson, Atkinson, Buckley, Claborn, Collins, Horne, Koivisto, McCleary and Oceguera (by request)

 

CHAPTER 78

 

AN ACT relating to exploitation; revising the definition of “exploitation” for the purposes of certain provisions concerning the abuse of an older person to include converting money, assets or property of the older person under certain circumstances; revising the definition of “exploitation” for the purposes of certain provisions concerning civil liability of a person for exploiting an older person or vulnerable person to include converting money, assets or property of the older or vulnerable person under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.5092 is hereby amended to read as follows:

      200.5092  As used in NRS 200.5091 to 200.50995, inclusive, unless the context otherwise requires:

      1.  “Abuse” means willful and unjustified:

      (a) Infliction of pain, injury or mental anguish on an older person; or

      (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person.

      2.  “Exploitation” means any act taken by a person who has the trust and confidence of an older person or any use of the power of attorney or guardianship of an older person to [obtain] :

      (a) Obtain control, through deception, intimidation or undue influence, over the older person’s money, assets or property with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property [.] ; or

      (b) Convert money, assets or property of the older person with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property.

As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.

      3.  “Isolation” means willfully, maliciously and intentionally preventing an older person from having contact with another person by:

      (a) Intentionally preventing the older person from receiving his visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or a person who telephones the older person that the older person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person and intended to prevent the older person from having contact with the visitor; or

      (b) Physically restraining the older person to prevent the older person from meeting with a person who comes to visit the older person.


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ê2003 Statutes of Nevada, Page 492 (Chapter 78, AB 126)ê

 

The term does not include an act intended to protect the property or physical or mental welfare of the older person or an act performed pursuant to the instructions of a physician of the older person.

      4.  “Neglect” means the failure of:

      (a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person; or

      (b) An older person to provide for his own needs because of inability to do so.

      5.  “Older person” means a person who is 60 years of age or older.

      6.  “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation and isolation of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.

      Sec. 2.  NRS 41.1395 is hereby amended to read as follows:

      41.1395  1.  Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.

      2.  If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney’s fees and costs of the person who initiated the lawsuit.

      3.  The provisions of this section do not apply to a person who caused injury, death or loss to a vulnerable person if he did not know or have reason to know that the harmed person was a vulnerable person.

      4.  For the purposes of this section:

      (a) “Abuse” means willful and unjustified:

             (1) Infliction of pain, injury or mental anguish; or

             (2) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person.

      (b) “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to [obtain] :

             (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property [.] ; or

             (2) Convert money, assets or property of the older person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property.

As used in this paragraph, “undue influence” does not include the normal influence that one member of a family has over another.


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ê2003 Statutes of Nevada, Page 493 (Chapter 78, AB 126)ê

 

      (c) “Neglect” means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person, or who has voluntarily assumed responsibility for his care, to provide food, shelter, clothing or services within the scope of his responsibility or obligation, which are necessary to maintain the physical or mental health of the older person or vulnerable person. For the purposes of this paragraph, a person voluntarily assumes responsibility to provide care for an older or vulnerable person only to the extent that he has expressly acknowledged his responsibility to provide such care.

      (d) “Older person” means a person who is 60 years of age or older.

      (e) “Vulnerable person” means a person who:

             (1) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; and

             (2) Has a medical or psychological record of the impairment or is otherwise regarded as having the impairment.

The term includes, without limitation, a person who is mentally retarded, a person who has a severe learning disability, a person who suffers from a severe mental or emotional illness or a person who suffers from a terminal or catastrophic illness or injury.

________

 

CHAPTER 79, AB 138

Assembly Bill No. 138–Assemblyman Goldwater (by request)

 

CHAPTER 79

 

AN ACT relating to pupils; requiring the boards of trustees of school districts to adopt policies concerning the use and possession by pupils of pagers, cellular telephones and other similar electronic devices while on the premises of a public school or while at an activity sponsored by a public school; repealing the prohibition against pupils carrying or possessing any electronic device used for paging or communication while on school grounds; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of each school district shall adopt a policy concerning the use and possession by pupils of a pager, cellular telephone or any other similar electronic device used for communication while on the premises of a public school or while at an activity sponsored by a public school.

      2.  The policy adopted pursuant to subsection 1 must:

      (a) Prescribe appropriate measures for disciplining a pupil who violates the policy.

      (b) Be included within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.


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ê2003 Statutes of Nevada, Page 494 (Chapter 79, AB 138)ê

 

      Sec. 2.  The board of trustees of each school district shall adopt a policy required by section 1 of this act on or before September 1, 2003.

      Sec. 3.  NRS 392.930 is hereby repealed.

      Sec. 4.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 80, AB 192

Assembly Bill No. 192–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 80

 

AN ACT relating to motor vehicles;  requiring the Director of the Department of Motor Vehicles, with respect to certain special license plates, to design and prepare souvenir license plates and to issue those souvenir license plates for resale by the charitable organization that is benefited by the particular special license plate; authorizing the Department, in certain circumstances, to issue special license plates for vehicles other than passenger cars and light commercial vehicles; making certain changes with respect to the money collected in connection with the issuance of license plates for the support of veterans’ homes; imposing an additional fee for the issuance and renewal of license plates that encourage the donation of human organs and providing for the deposit of any such proceeds for credit to the Anatomical Gift Account; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

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:

      1.  With respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3825, inclusive, and for which an additional fee is imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after approving the final design of the particular special license plate, issue the special license plate for a trailer or other type of vehicle that is not a passenger car or light commercial vehicle, excluding motorcycles and vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, 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.


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ê2003 Statutes of Nevada, Page 495 (Chapter 80, AB 192)ê

 

pursuant to NRS 706.801 to 706.861, inclusive, 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. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  As used in this section, “charitable organization” means a particular cause, charity or other entity that receives money from the imposition of an additional fee in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3825, inclusive. The term includes the successor, if any, of a charitable organization.

      Sec. 2.  NRS 482.3764 is hereby amended to read as follows:

      482.3764  1.  Before the Department issues to any person, pursuant to NRS 482.3763:

      (a) An initial set of special license plates, it shall:

             (1) Collect a special fee for a veterans’ home in the amount of $25; and

             (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

      (b) An annual renewal sticker, it shall:

             (1) Collect a special fee for a veterans’ home in the amount of $20; and

             (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

      2.  The Department shall deposit any money collected pursuant to this section with the State Treasurer for credit to the [Veterans’ Home Account.] Gift Account for Veterans’ Homes, established by subsection 7 of NRS 417.145.

      Sec. 3.  NRS 482.37905 is hereby amended to read as follows:

      482.37905  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the organizations in this state which assist in the donation and procurement of human organs, shall design, prepare and issue license plates that encourage the donation of human organs 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.  [The Department may issue] If the Department receives at least 250 applications for the issuance of license plates that encourage the donation of human organs , the Department shall issue those plates for [any] 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 that encourage the donation of human organs if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which encourage the donation of human organs pursuant to [subsection 3.]


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personalized prestige license plates in addition to the fees for the license plates which encourage the donation of human organs pursuant to [subsection 3.] subsections 3 and 4.

      3.  The fee for license plates to encourage the donation of human organs 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, on or after July 1, 2003:

      (a) Requests a set of license plates to encourage the donation of human organs must pay for the initial issuance of the plates an additional fee of $25, to be deposited pursuant to subsection 5; and

      (b) Renews a set of license plates to encourage the donation of human organs must pay for each renewal of the plates an additional fee of $20, to be deposited pursuant to subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Anatomical Gift Account created in the State General Fund by NRS 460.150.

      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, [he may retain] the holder shall:

      (a) Retain the plates and [:

      (a) Affix] 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] holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 4.  NRS 482.37917 is hereby amended to read as follows:

      482.37917  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the State Department of Agriculture and the Nevada Future Farmers of America Foundation [,] or its successor, shall design, prepare and issue license plates which indicate support for the promotion of agriculture within this state, including, without limitation, support for the programs and activities of the Future Farmers of America or its successor within this state, using any colors that the Department deems appropriate. The design of the license plates must include the phrase “People Grow Things Here!” and an identifying symbol furnished by the Nevada Future Farmers of America Foundation [.] or its successor. 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 which indicate support for the promotion of agriculture within this state, 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 which indicate support for the promotion of agriculture within this state if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the promotion of agriculture within this state pursuant to subsections 3 and 4.


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personalized prestige license plates in addition to the fees for the license plates which indicate support for the promotion of agriculture within this state pursuant to subsections 3 and 4.

      3.  The fee for license plates which indicate support for the promotion of agriculture within this state 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 [fees for the license,] 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 which indicate support for the promotion of agriculture within this state 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 in accordance with 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 in the following manner:

      (a) Remit one-half of the fees to the Nevada Future Farmers of America Foundation or its successor for the support of programs and activities of the Future Farmers of America or its successor within this state.

      (b) Deposit one-half of the fees for credit to the Account for License Plates for the Promotion of Agriculture within this state created pursuant to NRS 561.411.

      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, [he may retain] the holder shall:

      (a) Retain the plates and [:

      (a) Affix] 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] holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 5.  NRS 482.37937 is hereby amended to read as follows:

      482.37937  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Pyramid Lake Paiute Tribe, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake using any colors that the Department deems appropriate. The design of the license plates must include a depiction of Pyramid Lake and its surrounding area. 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 and restoration of the natural environment of the Lower Truckee River and Pyramid Lake, 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 and restoration of the natural environment of the Lower Truckee River and Pyramid Lake 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 and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.


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that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake 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 and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake 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 and restoration of the natural environment of the Lower Truckee River and Pyramid Lake 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 subsection to the Pyramid Lake Paiute Tribe. The fees deposited pursuant to this subsection may only be used to:

      (a) Protect, restore and enhance the water quality and natural resources of or relating to the Lower Truckee River and Pyramid Lake, including, without limitation:

             (1) Providing matching money for grants that are available from federal or state agencies for such purposes; and

             (2) Paying the costs of the Tribe’s portion of joint projects with local, state or federal agencies for such purposes.

      (b) Pay for, or match grants for, projects for the enhancement of the economic development of the area surrounding the Lower Truckee River and Pyramid Lake.

      (c) Pay for the development and construction of an arena on the Pyramid Lake Indian Reservation for activities pertaining to fairgrounds or rodeos, or both, and to provide financial support for the establishment of a rodeo team or other designated activities at Pyramid Lake High School. Until October 1, 2006, 25 percent of the fees deposited pursuant to this subsection must be used for the purposes described in this paragraph.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of [subsections 1 to 6, inclusive,] 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 [subsections 1 to 6, inclusive,] this section if the [transfer and registration fees are paid as set forth in this chapter;] holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      [7.  Except as otherwise provided in this subsection, the Director shall, at the request of the Pyramid Lake Paiute Tribe:


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      (a) Order the design and preparation of souvenir license plates that indicate support for the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake; and

      (b) Issue such souvenir license plates only to the Pyramid Lake Paiute Tribe for a fee established pursuant to NRS 482.3825. The Pyramid Lake Paiute Tribe may resell such souvenir license plates at a price determined by the Tribe.

The Director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the Department has received at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 1 to 6, inclusive.]

      Sec. 6.  NRS 482.37945 is hereby amended to read as follows:

      482.37945  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Northern Nevada Railway Foundation or its successor, shall design, prepare and issue license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad using any colors that the Department deems appropriate. The design of the license plates must include a depiction of a locomotive of the Virginia & Truckee Railroad and the phrase “The Virginia & Truckee Lives.” 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 reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad, 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 reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad 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 reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad 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 reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad 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 transmit the fees collected pursuant to subsection 4 to the treasurer with whom the Nevada Commission for the Reconstruction of the V & T Railway of Carson City and Douglas, Lyon, Storey and Washoe Counties has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section.


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Storey and Washoe Counties has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section. The fees transmitted pursuant to this subsection must be used only for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of [subsections 1 to 6, inclusive,] 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 [subsections 1 to 6, inclusive,] this section if the [transfer and registration fees are paid as set out in this chapter;] holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      [7.  Except as otherwise provided in this subsection, the Director shall, at the request of the Northern Nevada Railway Foundation or its successor:

      (a) Order the design and preparation of souvenir license plates that indicate support for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; and

      (b) Issue such souvenir license plates only to the Northern Nevada Railway Foundation or its successor for a fee established pursuant to NRS 482.3825. The Northern Nevada Railway Foundation or its successor may resell such souvenir license plates at a price determined by the Foundation or its successor.

The director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the Department has received at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 1 to 6, inclusive.]

      Sec. 7.  NRS 482.3825 is hereby amended to read as follows:

      482.3825  1.  The Director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The Director may establish a fee for the issuance of such plates of not more than $15 per plate. The Department may issue more than one plate of any particular design.

      2.  All money collected from the issuance of souvenir license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      3.  As used in this section, “issuance” does not include the resale of a souvenir license plate [.] as authorized pursuant to paragraph (a) of subsection 1 of section 1 of this act.

      Sec. 8.  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

 


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      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in [NRS 482.37937 and 482.37945,] paragraph (a) of subsection 1 of section 1 of this act, 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. 9.  NRS 417.145 is hereby amended to read as follows:

      417.145  1.  The Veterans’ Home Account is hereby established in the State General Fund.

      2.  Money received by the Executive Director or the Deputy Executive Director from:

      (a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;

      (b) Other payments for medical care and services;

      (c) Appropriations made by the Legislature for veterans’ homes; and

      (d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor,

must be deposited with the State Treasurer for credit to the Veterans’ Home Account.

      3.  Interest and income must not be computed on the money in the Veterans’ Home Account.

      4.  The Veterans’ Home Account must be administered by the Executive Director, with the advice of the Deputy Executive Director and the Nevada Veterans’ Services Commission, and the money deposited in the Veterans’ Home Account may only be expended for:

      (a) The operation of veterans’ homes;

      (b) A program or service related to a veterans’ home;

      (c) The solicitation of other sources of money to fund a veterans’ home; and


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      (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

      5.  Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive for the use of veterans’ homes:

      (a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

      (b) May be used in kind if the gifts are not appropriate for conversion to money.

      6.  All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.

      7.  The Gift Account for Veterans’ Homes is hereby established in the State General Fund. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the Executive Director or Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. In addition to any gifts of money or personal property described in this subsection, any money collected pursuant to NRS 482.3764 must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. Money collected pursuant to NRS 482.3764 that is deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes may only be expended:

      (a) For a program or service related to a veterans’ home;

      (b) To solicit other sources of money to fund a veterans’ home; and

      (c) To inform the public about issues concerning the establishment and uses of a veterans’ home.

The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not [lapse] revert to the State General Fund, but must be carried forward into the next fiscal year.

      Sec. 10.  The provisions of NRS 482.37937 and 482.37945, as amended in this act, do not require that:

      1.  The Pyramid Lake Paiute Tribe; or

      2.  The Northern Nevada Railway Foundation or its successor,

submit a new request to the Director of the Department of Motor Vehicles pursuant to paragraph (a) of subsection 1 of section 1 of this act if the Tribe or the Foundation has already requested that the Director order the design and preparation of souvenir license plates, or has already requested that the Director issue the souvenir license plates to the Tribe or the Foundation for the purpose of reselling those plates, or both.

      Sec. 11.  As soon as practicable after July 1, 2003, the Director of the Department of Motor Vehicles shall cause notice of the provisions of paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, to be mailed to each person who is currently a holder of license plates to encourage the donation of human organs. The notice described in this section must inform those persons that, for a renewal of license plates to encourage the donation of human organs which takes place on or after July 1, 2003, a holder of such license plates may:


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the donation of human organs which takes place on or after July 1, 2003, a holder of such license plates may:

      1.  Elect to pay the additional fee for renewal imposed pursuant to paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, and retain the plates; or

      2.  Elect not to pay the additional fee for renewal imposed pursuant to paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, and return the plates to the Department.

      Sec. 12.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 81, AB 208

Assembly Bill No. 208–Assemblymen Goicoechea, Knecht, Andonov, Atkinson, Beers, Carpenter, Claborn, Collins, Conklin, Geddes, Grady, Hardy, Hettrick, Koivisto, Mabey, Manendo, McClain, McCleary and Sherer

 

CHAPTER 81

 

AN ACT relating to taxation; authorizing the board of county commissioners of certain counties to impose a sales and use tax to support the operation and maintenance of a county swimming pool; authorizing the imposition of the tax in White Pine County without further approval of the voters; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 377A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The county treasurer shall deposit money received from the State Controller pursuant to NRS 377A.050 to support the operation and maintenance of a county swimming pool in the county treasury for credit to a fund to be known as the fund for the county swimming pool.

      2.  The fund for the county swimming pool must be accounted for as a separate fund and not as a part of any other fund.

      3.  The board of county commissioners may use money in the fund for the county swimming pool only to support the operation and maintenance of a county swimming pool.

      Sec. 2.  NRS 377A.020 is hereby amended to read as follows:

      377A.020  1.  The board of county commissioners of any county may enact an ordinance imposing a tax for a public transit system or for the construction, maintenance and repair of public roads, or both, pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 15,000 may enact an ordinance imposing a tax to support the operation and maintenance of a county swimming pool pursuant to NRS 377A.030.


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      2.  An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine the questions for a public transit system and for the construction, maintenance and repair of public roads with questions submitted pursuant to NRS 244.3351, 278.710 or 371.045, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.

      3.  Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.

      Sec. 3.  NRS 377A.030 is hereby amended to read as follows:

      377A.030  Except as otherwise provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:

      1.  A provision imposing a tax upon retailers at the rate of not more than:

      (a) For a tax to promote tourism, one-quarter of 1 percent; [or]

      (b) For a tax to establish and maintain a public transit system or for the construction, maintenance and repair of public roads, or both, one-half of 1 percent [,] ; or

      (c) For a tax to support the operation and maintenance of a county swimming pool, one-quarter of 1 percent,

of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed [,] in a county.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of an ordinance imposing the tax for public mass transportation and construction of public roads , [or] the tax to promote tourism in the county [.] , or the tax to support the operation and maintenance of a county swimming pool.

      4.  A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.

      5.  A provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

      Sec. 4.  NRS 377A.040 is hereby amended to read as follows:

      377A.040  Any ordinance amending the taxing ordinance must include a provision in substance that the county shall amend the contract made under subsection 4 of NRS 377A.030 by a contract made between the county and the State acting by and through the Department before the effective date of the amendatory ordinance, unless the county determines with the written concurrence of the regional transportation commission , in the case of a tax to establish and maintain a public transit system or for the construction, maintenance and repair of public roads, or the county fair and recreation board , in the case of a tax to promote tourism, that no such amendment of the contract is necessary or desirable.


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the State acting by and through the Department before the effective date of the amendatory ordinance, unless the county determines with the written concurrence of the regional transportation commission , in the case of a tax to establish and maintain a public transit system or for the construction, maintenance and repair of public roads, or the county fair and recreation board , in the case of a tax to promote tourism, that no such amendment of the contract is necessary or desirable. Consent of another body is not required for the county to determine that no such amendment of the contract is necessary or desirable in the case of a tax to support the operation and maintenance of a county swimming pool.

      Sec. 5.  The approval by the voters on November 5, 2002, of County Question No. 10, concerning the operation and maintenance of a county swimming pool facility, on the 2002 general election ballot for White Pine County shall be deemed to constitute approval by the voters of the imposition of a tax pursuant paragraph (c) of subsection 1 of NRS 377A.030 of one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county. No other approval by the voters is required for the imposition of that tax in White Pine County.

      Sec. 6.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 82, AB 226

Assembly Bill No. 226–Assemblymen Oceguera, Gibbons, Chowning, Claborn, Andonov, Arberry, Atkinson, Beers, Brown, Carpenter, Christensen, Conklin, Geddes, Goicoechea, Griffin, Hardy, Hettrick, Horne, Koivisto, Mabey, Manendo, McClain, Mortenson, Parks, Pierce and Sherer

 

CHAPTER 82

 

AN ACT relating to safety belts; requiring certain passengers of taxicabs to wear safety belts; requiring signs within taxicabs advising passengers that they must wear safety belts while being transported by the taxicab; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any passenger 18 years of age or older who rides in the front or back seat of any taxicab on any highway, road or street in this state shall wear a safety belt if one is available for his seating position, except that this subsection does not apply:

      (a) To a passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons; or

      (b) If the taxicab was not required by federal law at the time of initial sale to be equipped with safety belts.


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ê2003 Statutes of Nevada, Page 506 (Chapter 82, AB 226)ê

 

      2.  A citation must be issued to any passenger who violates the provisions of subsection 1. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 1 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.

      3.  A violation of subsection 1:

      (a) Is not a moving traffic violation under NRS 483.473.

      (b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484.377.

      (c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

      4.  An owner or operator of a taxicab shall post a sign within each of his taxicabs advising passengers that they must wear safety belts while being transported by the taxicab. Such a sign must be placed within the taxicab so as to be visible to and easily readable by passengers, except that this subsection does not apply if the taxicab was not required by federal law at the time of initial sale to be equipped with safety belts.

      Sec. 2.  NRS 484.641 is hereby amended to read as follows:

      484.641  1.  It is unlawful to drive a passenger car manufactured after:

      (a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.

      (b) January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff’s office.

      (c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

      2.  Any person driving and any passenger 5 years of age or older who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 6,000 pounds, on any highway, road or street in this state shall wear a safety belt if one is available for his seating position.

      3.  A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child 5 years of age or older but under 18 years, a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.

      4.  A violation of subsection 2:

      (a) Is not a moving traffic violation under NRS 483.473.

      (b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484.377.


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ê2003 Statutes of Nevada, Page 507 (Chapter 82, AB 226)ê

 

      (c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

      5.  The Department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.

      6.  The provisions of subsections 2 and 3 do not apply:

      (a) To a driver or passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons;

      (b) If the vehicle is not required by federal law to be equipped with safety belts;

      (c) To an employee of the United States Postal Service while delivering mail in the rural areas of this state;

      (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or

      (e) [To] Except as otherwise provided in section 1 of this act, to a passenger riding in a means of public transportation, including a [taxi,] school bus or emergency vehicle.

      7.  It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.

________

 


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ê2003 Statutes of Nevada, Page 508ê

 

CHAPTER 83, AB 237

Assembly Bill No. 237–Assemblymen Geddes, Conklin, Knecht, Gibbons, Leslie, Anderson, Andonov, Arberry, Atkinson, Brown, Buckley, Carpenter, Christensen, Collins, Giunchigliani, Goicoechea, Grady, Griffin, Hardy, Hettrick, Horne, Koivisto, Mabey, Manendo, Marvel, Mortenson, Oceguera, Parks, Perkins, Pierce, Sherer and Weber

 

Joint Sponsors: Senators Titus, Wiener, Coffin, Rhoads and Shaffer

 

CHAPTER 83

 

AN ACT relating to fuels; revising the findings of the Legislature concerning the feasibility of the conversion to cleaner-burning alternative fuels by certain fleets of motor vehicles; revising the definitions of “alternative fuel” and “dedicated alternative fuel motor vehicle”; requiring the State Environmental Commission to adopt regulations relating to dedicated alternative fuel motor vehicles; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 486A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Ultra low-sulfur diesel fuel” means diesel fuel having a maximum sulfur content of 15 parts per million by weight.

      Sec. 2.  NRS 486A.010 is hereby amended to read as follows:

      486A.010  The Legislature finds that:

      1.  Protection of the State’s environment, particularly the quality of its air, requires a reduction, especially in metropolitan areas, of the contaminants resulting from the combustion of conventional fuels in motor vehicles.

      2.  A very large proportion of these contaminants results from the burning of liquid and gaseous fuels to operate trucks and buses, many of which are operated in fleets. Each fuel can be evaluated as to the air pollution it causes when burned in motor vehicles.

      3.  Conversion of these fleets to use cleaner-burning alternative fuels can reduce contaminants sufficiently to permit the continued use of conventional fuels in individually owned motor vehicles . [, but such conversion is feasible only if sufficient financial assistance is provided to the owners of fleets.]

      Sec. 3.  NRS 486A.020 is hereby amended to read as follows:

      486A.020  As used in NRS 486A.010 to 486A.180, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 486A.030 to 486A.130, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.


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ê2003 Statutes of Nevada, Page 509 (Chapter 83, AB 237)ê

 

      Sec. 4.  NRS 486A.030 is hereby amended to read as follows:

      486A.030  “Alternative fuel” means any fuel which complies with the standards and requirements established by the Commission. The term includes :

      1.  Ultra low-sulfur diesel fuel [and reformulated] ;

      2.  Reformulated gasoline ;

      3.  Diesel fuel that meets the requirements imposed by the California Air Resources Board; and

      4.  Finished diesel fuel that:

      (a) Meets American Society for Testing and Materials (ASTM) specification D975; and

      (b) Includes at least 5 percent but not more than 20 percent biodiesel fuel blend stock for distillate fuels meeting ASTM specification D6751,

which comply with the regulations adopted by the United States Environmental Protection Agency pursuant to the standards for the control of emissions from motor vehicles established in the Clean Air Act Amendments of 1990 [(Pub. L. No. 101‑549, Nov. 15, 1990).] , Public Law 101-549, November 15, 1990.

      Sec. 5.  NRS 486A.030 is hereby amended to read as follows:

      486A.030  “Alternative fuel” means any fuel which complies with the standards and requirements established by the Commission. The term includes:

      1.  [Ultra low-sulfur diesel fuel;

      2.]  Reformulated gasoline;

      [3.  Diesel fuel that meets the requirements imposed by the California Air Resources Board; and

      4.] and

      2.  Finished diesel fuel that:

      (a) Meets American Society for Testing and Materials (ASTM) specification D975; and

      (b) Includes at least 5 percent but not more than 20 percent biodiesel fuel blend stock for distillate fuels meeting ASTM specification D6751,

which comply with the regulations adopted by the United States Environmental Protection Agency pursuant to the standards for the control of emissions from motor vehicles established in the Clean Air Act Amendments of 1990, Public Law 101-549, November 15, 1990.

      Sec. 6.  NRS 486A.060 is hereby amended to read as follows:

      486A.060  “Dedicated alternative fuel motor vehicle” means a motor vehicle that [operates] :

      1.  Operates only on an alternative fuel [.] ; or

      2.  Regardless of the type of fuel on which it operates, has been certified by the United States Environmental Protection Agency as being in compliance with the standards for the control of emissions from an ultra low-emission vehicle, or more stringent standards, as set forth in 40 C.F.R. § 88.104-94 or 88.105-94.

      Sec. 7.  NRS 486A.150 is hereby amended to read as follows:

      486A.150  The Commission shall adopt regulations necessary to carry out the provisions of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act, including, but not limited to, regulations concerning:

      1.  Standards and requirements for alternative fuel. The Commission shall not discriminate against any product that is petroleum based.


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ê2003 Statutes of Nevada, Page 510 (Chapter 83, AB 237)ê

 

      2.  The conversion of fleets to use alternative fuels if the fleet is operated in a county whose population is 100,000 or more.

      3.  Standards for alternative fuel injection systems for diesel motor vehicles.

      4.  Standards for levels of emissions from motor vehicles that are converted to use alternative fuels.

      5.  The establishment of a procedure for approving exemptions to the requirements of NRS 486A.010 to 486A.180, inclusive [.] , and section 1 of this act.

      6.  Standards related to the use of dedicated alternative fuel motor vehicles.

      Sec. 8.  NRS 486A.180 is hereby amended to read as follows:

      486A.180  1.  Except as otherwise provided in subsection 4, any person who violates any provision of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act, or any regulation adopted pursuant thereto, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not more than $5,000. Each day of violation constitutes a separate offense.

      2.  The Commission shall by regulation establish a schedule of administrative fines of not more than $1,000 for lesser violations of any provision of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act or any regulation in force pursuant thereto.

      3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 486A.010 to 486A.180, inclusive, and section 1 of this act and regulations in force pursuant thereto, by injunction or other appropriate remedy. The Commission or the Director of the Department may institute and maintain in the name of the State of Nevada any such enforcement proceeding.

      4.  A person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to a person found by the court to be indigent.

      5.  The Commission and the Department shall deposit all money collected pursuant to this section in the State General Fund. Money deposited in the State General Fund pursuant to this subsection must be accounted for separately and may only be expended upon legislative appropriation.

      Sec. 9.  As soon as practicable after July 1, 2003, the State Environmental Commission shall review its regulations set forth in chapter 486A of NAC and shall, pursuant to its authority to adopt regulations set forth in NRS 445B.210 and 486A.150:

      1.  Revise the definition of “alternative fuel” in a manner consistent with the provisions of this act; and

      2.  Revise its schedule for the conversion of fleets to use alternative fuels, if the Commission determines that the revision is necessary as a result of the provisions of this act.

      Sec. 10.  1.  This section and sections 1 to 4, inclusive, and 6 to 9, inclusive, of this act become effective on July 1, 2003.

      2.  Sections 1 and 4 of this act expire by limitation on December 31, 2006.

      3.  Section 5 of this act becomes effective on January 1, 2007.

________

 


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ê2003 Statutes of Nevada, Page 511ê

 

CHAPTER 84, AB 275

Assembly Bill No. 275–Committee on Commerce and Labor

 

CHAPTER 84

 

AN ACT relating to healing arts; eliminating the authority of a dispensing optician to perform the initial fitting of contact lenses; revising the requirements for an optometrist to be certified to treat persons diagnosed with glaucoma; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 630.375 is hereby amended to read as follows:

      630.375  1.  The form for any prescription which is issued for an ophthalmic lens by an ophthalmologist in this state must contain lines or boxes in substantially the following form:

 

Approved for contact lenses........................................................   ______

Not approved for contact lenses.................................................   ______

 

      2.  The prescribing ophthalmologist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.

      3.  If the prescription is for a contact lens, the form must set forth the expiration date of the prescription, the number of refills approved for the patient and such other information as is necessary for the prescription to be filled properly.

      4.  The initial fitting of a contact lens must be performed by [:

      (a) A dispensing optician licensed pursuant to NRS 637.122; or

      (b) An] an ophthalmologist or optometrist licensed in this state.

      5.  As used in this section, “initial fitting” means measuring the health, integrity and refractive error of the eye to determine whether contacts may be approved pursuant to subsection 1.

      Sec. 2.  NRS 636.2893 is hereby amended to read as follows:

      636.2893  The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895. The requirements must include, without limitation:

      1.  A license to practice optometry in this state;

      2.  The successful completion of the “Treatment and Management of Ocular Disease Examination” administered by the National Board of Examiners in Optometry on or after January 1, 1993, or an equivalent examination approved by the Board; and

      3.  Proof that each optometrist who applies for a certificate has treated at least 15 persons who were:

      (a) Diagnosed with glaucoma by an ophthalmologist licensed in this state; and


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ê2003 Statutes of Nevada, Page 512 (Chapter 84, AB 275)ê

 

      (b) Treated by the optometrist, in consultation with that ophthalmologist, for at least [1 year.] 12 consecutive months.

      Sec. 3.  NRS 636.387 is hereby amended to read as follows:

      636.387  1.  The form for any prescription which is issued for an ophthalmic lens by an optometrist in this state must contain lines or boxes in substantially the following form:

 

Approved for contact lenses........................................................   ______

Not approved for contact lenses.................................................   ______

 

      2.  The prescribing optometrist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.

      3.  If the prescription is for a contact lens, the form must set forth the expiration date of the prescription, the number of refills approved for the patient and such other information as is necessary for the prescription to be filled properly.

      4.  The initial fitting of a contact lens must be performed by [:

      (a) A dispensing optician licensed pursuant to NRS 637.122; or

      (b) An] an ophthalmologist or optometrist licensed in this state.

      5.  As used in this section, “initial fitting” means measuring the health, integrity and refractive error of the eye to determine whether contacts may be approved pursuant to subsection 1.

________

 

CHAPTER 85, AB 301

Assembly Bill No. 301–Assemblyman Carpenter

 

CHAPTER 85

 

AN ACT relating to wildlife; providing for the payment of money or materials to prevent or mitigate damages caused by certain animals to fences on private and public lands and to construct fences around certain areas of those lands under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 504.165 is hereby amended to read as follows:

      504.165  1.  The Commission shall adopt regulations governing the disbursement of money to:

      (a) Prevent or mitigate damage to private property and privately maintained improvements [;] , including, without limitation, fences;

      (b) Prevent or mitigate damage to fences on public lands;

      (c) Construct fences around sources of water on private lands or public lands where there has been damage to the area near such sources of water; and

      [(b)] (d) Compensate persons for grazing reductions and the loss of stored and standing crops,

caused by elk or game mammals not native to this state.


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ê2003 Statutes of Nevada, Page 513 (Chapter 85, AB 301)ê

 

      2.  The regulations must contain:

      (a) Requirements for the eligibility of those persons claiming damage to private property , [or] privately maintained improvements , fences on public lands or areas near sources of water on public lands to receive money or materials from the Division, including [a] :

             (1) A requirement that such a person enter into a cooperative agreement with the Administrator for purposes related to this title [.] ; and

             (2) A requirement that if the claim is for money or materials from the Division for the construction of a fence around a source of water on private land or public land, such a person must:

                   (I) Conduct a physical inspection of the private land or public land upon which the fence is proposed to be constructed to determine the most effective manner in which to protect the source of water and to determine the most effective manner in which to provide access to a source of water for livestock and wildlife that is located outside the fence and within a reasonable distance from the fence;

                   (II) Conduct the inspection described in sub-subparagraph (I) in consultation with the persons or entities which will be directly affected by the construction of the fence, including, without limitation, an owner of the private land on which the fence is proposed to be constructed, a governmental entity that manages the public land on which the fence is proposed to be constructed, a holder of a permit to graze livestock on the public land, if applicable, and a person who holds a water right which will be directly affected by the construction of the fence; and

                   (III) Enter into a cooperative agreement with the persons and entities described in sub-subparagraph (II) for purposes related to the construction of the fence in accordance with the results of the inspection conducted pursuant to this subparagraph.

      (b) Procedures for the formation of local panels to assess damage caused by elk or game mammals not native to this state and to determine the value of a loss claimed if the person claiming the loss and the Division do not agree on the value of the loss.

      (c) Procedures for the use on private property or public lands of materials purchased by the State to prevent damage caused by elk or game mammals not native to this state.

      (d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 and 504.175.

      3.  The regulations must:

      (a) Provide for the payment of money or other compensation to cover the costs of labor and materials necessary to [prevent] :

             (1) Prevent or mitigate damage to private property , [and] privately maintained improvements and fences on public lands caused by elk or game mammals not native to this state [.] ; and

             (2) Construct fences around sources of water on private or public lands if:

                   (I) Elk or game mammals not native to this state have caused damage to the area near such sources of water; and

                   (II) A source of water for livestock and wildlife is available outside such a fence and within a reasonable distance from such a fence or will be made available at such a location.

      (b) Prohibit a person who has, within a particular calendar year, applied for or received a special incentive elk tag pursuant to NRS 502.142 from applying, within the same calendar year, for compensation pursuant to this section for the same private land.


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ê2003 Statutes of Nevada, Page 514 (Chapter 85, AB 301)ê

 

applying, within the same calendar year, for compensation pursuant to this section for the same private land.

      4.  Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which [he] the claimant is seeking compensation was caused solely by elk or game mammals not native to this state.

      5.  As used in this section, “public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

      (a) To which title is held by any private person or entity;

      (b) To which title is held by the State of Nevada, any of its local governments or the University and Community College System of Nevada;

      (c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the Legislature;

      (d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

      (e) Which are held in trust for Indian purposes or are Indian reservations.

________

 

CHAPTER 86, AB 346

Assembly Bill No. 346–Assemblyman Carpenter (by request)

 

CHAPTER 86

 

AN ACT relating to special fuel; revising the provisions governing the operation or maintenance of a vehicle on a highway in this state using dyed special fuel; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 366.203 is hereby amended to read as follows:

      366.203  1.  Special fuel, other than compressed natural gas, liquefied petroleum gas or kerosene, which is exempt from the tax pursuant to subsection 3 or 4 of NRS 366.200 must be dyed before it is removed for distribution from a rack. The dye added to the exempt special fuel must be of the color and concentration required by the regulations adopted by the Secretary of the Treasury pursuant to 26 U.S.C. § 4082.

      2.  Except as otherwise provided in subsections 3 [and 4,] , 4 and 5, a person shall not operate or maintain on any highway in this state a motor vehicle which contains in the fuel tank of that vehicle special fuel which has been dyed.

      3.  A person who, pursuant to subsection 2, 3 or 4 of NRS 366.200 , is exempt from the tax imposed by this chapter [,] may operate or maintain a motor vehicle on a highway in this state which contains in the fuel tank of that vehicle special fuel which has been dyed.

      4.  [A] To the extent permitted by federal law, a person may operate or maintain on a highway in this state any special mobile equipment or farm equipment that contains in the fuel tank of the special mobile equipment or farm equipment special fuel which has been dyed.


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ê2003 Statutes of Nevada, Page 515 (Chapter 86, AB 346)ê

 

equipment that contains in the fuel tank of the special mobile equipment or farm equipment special fuel which has been dyed. As used in this subsection:

      (a) “Farm equipment” means any self-propelled machinery or motor vehicle that is designed solely for tilling soil or for cultivating, harvesting or transporting crops or other agricultural products from a field or other area owned or leased by the operator of the farm equipment and in which the crops or agricultural products are grown, to a field, yard, silo, cellar, shed or other facility which is:

             (1) Owned or leased by the operator of the farm equipment; and

             (2) Used to store or process the crops or agricultural products.

The term includes a tractor, baler or swather or any implement used to retrieve hay.

      (b) “Highway” does not include a controlled-access highway as defined in NRS 484.041.

      5.  To the extent authorized by federal law, a person may operate or maintain a motor vehicle on a highway in this state that contains in the fuel tank special fuel which has been dyed if the motor vehicle is used only to cross the highway to travel from one parcel of land owned or controlled by the person to another parcel of land owned or controlled by the person.

      6.  There is a rebuttable presumption that all special fuel which has not been dyed and which is sold or distributed in this state is for the purpose of propelling a motor vehicle.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 87, AB 367

Assembly Bill No. 367–Assemblywoman Chowning (by request)

 

CHAPTER 87

 

AN ACT relating to motor vehicles; expanding the definition of “rebuilt vehicle” for the purposes of licensing and registration of motor vehicles; authorizing an insured to select a body shop for repairs to a motor vehicle; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.098 is hereby amended to read as follows:

      482.098  “Rebuilt vehicle” means a vehicle, one or more major components of which have been replaced as set forth in this subsection. For the purposes of this section, the requisite major components of a vehicle which must be replaced for a vehicle to be considered rebuilt are the:

      1.  Cowl assembly;

      2.  Rear clip assembly;

      3.  Roof [;] assembly;

      4.  Floor pan assembly; [or]

      5.  Conventional frame coupled with one additional major component [.] ; or


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ê2003 Statutes of Nevada, Page 516 (Chapter 87, AB 367)ê

 

      6.  Complete front inner structure for a unibody.

      Sec. 2.  NRS 690B.016 is hereby amended to read as follows:

      690B.016  1.  An insured or a claimant under a policy of insurance may have repairs to a motor vehicle made at the licensed body shop of his choice. An insurer of motor vehicles shall notify the insured or the claimant of this right when the insurer is first contacted concerning a claim for damage to a motor vehicle.

      2.  An insurer of motor vehicles or a representative of the insurer shall not:

      (a) Knowingly recommend to an insured [,] or a claimant, or direct an insured or a claimant to, a body shop in this state which is not licensed pursuant to NRS 487.630; [or]

      (b) Require an insured or a claimant to patronize any licensed body shop in this state in preference to another such business, except in accordance with the regulations adopted pursuant to paragraph (c) of subsection 7 of NRS 487.002.

      [2.] 3.  The provisions of this section do not require an insurer to pay more than the reasonable rate required pursuant to a policy of insurance for repairs to a motor vehicle.

      4.  For the purposes of this section, an insurer is entitled to rely upon the validity of the license number included by the body shop on its estimates and invoices for repairs.

________

 

CHAPTER 88, AB 407

Assembly Bill No. 407–Assemblymen Hardy, Collins, Knecht, Brown, Mabey, Andonov, Beers, Christensen, Conklin, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Koivisto, Manendo, McClain, Oceguera, Pierce and Weber

 

CHAPTER 88

 

AN ACT relating to public schools; authorizing the boards of trustees of school districts to grant the use of public school libraries to the general public; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

      Whereas, The Washoe County Library System has nearly 20 years of experience with successfully operating joint-use libraries with the Washoe County Senior Center and the Washoe County School District; and

      Whereas, By opening the doors of the public school libraries to the general public during times that are not regular school hours, the Washoe County Library System and the Washoe County School District have succeeded in providing extensive library resources to local neighborhoods in a manner that benefits children, their families and the community; and

      Whereas, The access to books by the general public and the provision of family literacy programs are inextricably linked to breaking the cycle of poverty and illiteracy; and

      Whereas, Expanding the use of public school libraries by members of the general public throughout this state would greatly benefit and improve the quality of life for the residents of this state as well as represent a beneficial economy of resources; now, therefore,

 


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ê2003 Statutes of Nevada, Page 517 (Chapter 88, AB 407)ê

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of a school district may grant the use of libraries in the public schools located within the school district to the general public during times that are not regular school hours.

      2.  A member of the general public who possesses a library card issued by a public library, as that term is defined in NRS 379.0057, may use that library card to check out books at a school library that is open to the general public.

      3.  The board of trustees of a school district may enter into one or more cooperative agreements with:

      (a) The trustees of a consolidated, county, district, town or other public library located within the county in which the school district is located; and

      (b) The governing authority of a city library located within the county in which the school district is located,

for the provision of library personnel and resources for a school library located within the school district that is open to the general public pursuant to this section.

      4.  If the board of trustees of a school district grants the use of school libraries to the general public, the board of trustees may:

      (a) Solicit and accept gifts, grants and other support for the costs and expenses associated with the use of the school libraries by the general public.

      (b) Enhance its outreach to families with preschool children, parents who need to improve their literacy skills and the general community.

      Sec. 2.  NRS 393.071 is hereby amended to read as follows:

      393.071  The board of trustees of any school district may grant the use of school buildings or grounds for public, literary, scientific, recreational or educational meetings [,] or for the discussion of matters of general or public interest upon such terms and conditions as the board deems proper, subject to the limitations, requirements and restrictions set forth in NRS 393.071 to 393.0719, inclusive [.] , and section 1 of this act.

      Sec. 3.  NRS 393.0713 is hereby amended to read as follows:

      393.0713  [No]

      1.  Except as otherwise provided in subsection 2, the privilege of using the buildings or grounds [shall] must not be granted for a period exceeding 1 year. The privilege is renewable and revocable in the discretion of the board of trustees at any time.

      2.  The time limitation set forth in subsection 1 does not apply to the use of a school library pursuant to section 1 of this act.

      Sec. 4.  NRS 393.0714 is hereby amended to read as follows:

      393.0714  The board of trustees of any school district may grant the use of school buildings, grounds and equipment without charge to [public] :

      1.  Public agencies for the purpose of holding examinations for the selection of personnel.

      2.  The general public for use of school libraries within the school district pursuant to section 1 of this act.


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ê2003 Statutes of Nevada, Page 518 (Chapter 88, AB 407)ê

 

      Sec. 5.  NRS 393.0719 is hereby amended to read as follows:

      393.0719  1.  Lighting, heating, [janitor] janitorial service and the services of the person referred to in NRS 393.0718, when needed, and other necessary expenses, in connection with the use of public school buildings and grounds pursuant to NRS 393.071 to 393.0719, inclusive, [shall] and section 1 of this act must be provided for out of school district funds of the respective school districts in the same manner as similar services are provided for, and except as otherwise provided in subsection 2, subject to reimbursement by the user in accordance with such policies and regulations as the board of trustees may adopt.

      2.  The board of trustees of a school district may not request reimbursement for the costs and expenses associated with the use of a school library by the general public pursuant to section 1 of this act.

      Sec. 6.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 89, AB 489

Assembly Bill No. 489–Committee on Commerce and Labor

 

CHAPTER 89

 

AN ACT relating to dental hygiene; authorizing the issuance of a temporary license to practice dental hygiene; creating the Committee on Dental Hygiene; prescribing the powers and duties of the Committee; expanding the definition of the term “dental hygiene”; and providing other matters properly relating thereto.

 

[Approved: May 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4, inclusive, of this act.

      Sec. 2.  1.  The Board shall, without a practical examination required by NRS 631.300, issue a temporary license to practice dental hygiene to a person who:

      (a) Has a license to practice dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Satisfies the requirements of NRS 631.290;

      (c) Has practiced dental hygiene pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that he applies for a temporary license;

      (d) Has not had his license to practice dental hygiene revoked or suspended in this state, another state or territory of the United States, or the District of Columbia;

      (e) Has not been denied a license to practice dental hygiene in this state, another state or territory of the United States, or the District of Columbia;


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ê2003 Statutes of Nevada, Page 519 (Chapter 89, AB 489)ê

 

      (f) Is not involved in or does not have pending a disciplinary action concerning his license to practice dental hygiene in this state, another state or territory of the United States, or the District of Columbia;

      (g) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.300; and

      (h) Submits the statement required by NRS 631.225.

      2.  A person to whom a temporary license is issued pursuant to this section may:

      (a) Practice dental hygiene for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dental hygiene without a practical examination required by NRS 631.300 if:

             (1) The person has held a temporary license to practice dental hygiene issued pursuant to this section for at least 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license issued pursuant to this section.

      3.  The Board shall examine each applicant in writing concerning the contents and interpretation of this chapter and the regulations of the Board.

      Sec. 3.  1.  The Committee on Dental Hygiene is hereby created.

      2.  The Committee consists of:

      (a) The members of the Board who are dental hygienists; and

      (b) One dentist who is a member of the Board and who has supervised a dental hygienist for at least 3 years immediately preceding his appointment to the Committee by the Board.

      3.  The Committee:

      (a) May accept recommendations from dental hygienists, dentists and the general public and may meet to review such recommendations.

      (b) May make recommendations to the Board concerning:

             (1) The practice of dental hygiene; and

             (2) The licensing of dental hygienists, including, without limitation, requirements relating to the education, examination and discipline of dental hygienists.

      (c) Shall carry out any duties the Board may assign to the Committee.

      Sec. 4.  A dentist who provides a written or oral authorization to a dental hygienist for the provision of services by that dental hygienist is not required to be present when those services are provided.

      Sec. 5.  NRS 631.030 is hereby amended to read as follows:

      631.030  “Dental hygiene” means the performance of educational, preventive and therapeutic periodontal treatment including scaling, curettage and planing of roots and any related and required intraoral or extraoral procedures that a dentist is authorized to assign to a dental hygienist . [he employs.]

      Sec. 6.  NRS 631.040 is hereby amended to read as follows:

      631.040  “Dental hygienist” means any person who practices the profession of dental hygiene [.] and is licensed pursuant to this chapter.

      Sec. 7.  NRS 631.120 is hereby amended to read as follows:

      631.120  The Board of Dental Examiners of Nevada, consisting of [10] 11 members appointed by the Governor, is hereby created.

      Sec. 8.  NRS 631.130 is hereby amended to read as follows:

      631.130  1.  The Governor shall appoint:


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ê2003 Statutes of Nevada, Page 520 (Chapter 89, AB 489)ê

 

      (a) Seven members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of at least 5 years.

      (b) [Two] Three members who:

             (1) Are graduates of accredited schools or colleges of dental hygiene;

             (2) Are residents of Nevada; and

             (3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the Board.

      (c) One member who is a representative of the general public.

      2.  The members who are dental hygienists may vote on all matters but may not participate in examinations for the licensing of dentists.

      3.  The member who is a representative of the general public must not participate in grading any examination required by the Board.

      Sec. 9.  NRS 631.140 is hereby amended to read as follows:

      631.140  1.  The seven members of the Board who are dentists and the member who is a representative of the general public must be appointed from areas of the State as follows:

      (a) Three of those members must be from Carson City, Douglas County or Washoe County.

      (b) Four of those members must be from Clark County.

      (c) One of those members may be from any county of the State.

      2.  [One of the two] The three members of the Board who are dental hygienists must be appointed from [Clark County; the other must be appointed from some other county] areas of the State [.] as follows:

      (a) One of those members must be from Carson City, Douglas County or Washoe County.

      (b) One of those members must be from Clark County.

      (c) One of those members may be from any county of the State.

      Sec. 10.  NRS 631.170 is hereby amended to read as follows:

      631.170  1.  The Board shall meet at least once annually to examine applicants. The dates of the examinations must be fixed by the Board. The Board may conduct examinations outside of this state, and for this purpose may use the facilities of dental colleges, but all examinations must be conducted by members of the Board or examiners appointed by the Board.

      2.  The Board may also meet at such other times and places and for such other purposes as it may deem proper.

      3.  A quorum consists of [:

      (a) For matters relating to dental hygiene,] five members who are dentists and [one member who is a dental hygienist.

      (b) For all other matters, five members who are dentists.] two members who are dental hygienists.

      Secs. 11-13.  (Deleted by amendment.)

      Sec. 14.  NRS 631.300 is hereby amended to read as follows:

      631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the Board to determine eligibility, must be examined by the Board upon such subjects as the Board deems necessary and, except as otherwise provided in NRS 631.271 and 631.274, and section 2 of this act be given a practical examination in dental hygiene, including, but not limited to, the removal of deposits from, and the polishing of, the exposed surface of the teeth.

      2.  The examination must be:

      (a) Written, oral or a combination of both; and


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ê2003 Statutes of Nevada, Page 521 (Chapter 89, AB 489)ê

 

      (b) Practical, as in the opinion of the Board is necessary to test the qualifications of the applicant.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  In lieu of the written examination which may be required by subsection 2, the Board shall recognize a certificate from the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75.

      Secs. 15-30.  (Deleted by amendment.)

      Sec. 31.  Section 2 of this act is hereby amended to read as follows:

       Sec. 2.  1.  The Board shall, without a practical examination required by NRS 631.300, issue a temporary license to practice dental hygiene to a person who:

       (a) Has a license to practice dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

       (b) Satisfies the requirements of NRS 631.290;

       (c) Has practiced dental hygiene pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that he applies for a temporary license;

       (d) Has not had his license to practice dental hygiene revoked or suspended in this state, another state or territory of the United States, or the District of Columbia;

       (e) Has not been denied a license to practice dental hygiene in this state, another state or territory of the United States, or the District of Columbia;

       (f) Is not involved in or does not have pending a disciplinary action concerning his license to practice dental hygiene in this state, another state or territory of the United States, or the District of Columbia; and

       (g) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.300 . [; and

       (h) Submits the statement required by NRS 631.225.]

       2.  A person to whom a temporary license is issued pursuant to this section may:

       (a) Practice dental hygiene for the duration of the temporary license; and

       (b) Apply for a permanent license to practice dental hygiene without a practical examination required by NRS 631.300 if:

             (1) The person has held a temporary license to practice dental hygiene issued pursuant to this section for at least 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license issued pursuant to this section.

       3.  The Board shall examine each applicant in writing concerning the contents and interpretation of this chapter and the regulations of the Board.


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ê2003 Statutes of Nevada, Page 522 (Chapter 89, AB 489)ê

 

      Sec. 32.  Section 14 of this act is hereby amended to read as follows:

       Sec. 14.  NRS 631.300 is hereby amended to read as follows:

       631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the Board to determine eligibility, must be examined by the Board upon such subjects as the Board deems necessary and, except as otherwise provided in NRS 631.271 and 631.274, [and section 2 of this act] be given a practical examination in dental hygiene, including, but not limited to, the removal of deposits from, and the polishing of, the exposed surface of the teeth.

       2.  The examination must be:

       (a) Written, oral or a combination of both; and

       (b) Practical, as in the opinion of the Board is necessary to test the qualifications of the applicant.

       3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

       4.  In lieu of the written examination which may be required by subsection 2, the Board shall recognize a certificate from the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75.

      Sec. 33.  As soon as practicable after October 1, 2003, the Governor shall appoint to the Board of Dental Examiners of Nevada pursuant to subsection 2 of NRS 631.140, as amended by this act, one dental hygienist whose term expires on September 30, 2006.

      Sec. 34.  1.  This section and sections 1 to 30, inclusive, and 33 of this act become effective on October 1, 2003.

      2.  Section 2 of this act expires by limitation on September 30, 2005, or on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

are repealed by the Congress of the United States, whichever occurs first.

      3.  Section 31 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

are repealed by the Congress of the United States, and expires by limitation on September 30, 2005.

      4.  Section 32 of this act becomes effective on October 1, 2005.

________


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ê2003 Statutes of Nevada, Page 523ê

 

CHAPTER 90, SB 79

Senate Bill No. 79–Committee on Government Affairs

 

CHAPTER 90

 

AN ACT relating to regional planning; reducing the number of meetings that the Board of the Southern Nevada Regional Planning Coalition is required to hold; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 9 of chapter 489, Statutes of Nevada 1999, as amended by chapter 255, Statutes of Nevada 2001, at page 1135, is hereby amended to read as follows:

       Sec. 9.  1.  The Board shall meet [each month] once every 2 months at a time and place designated by the Chairman of the Board. The Board may hold special meetings as often as the needs of the Board require, upon notice to each member of the Board.

       2.  The Board shall provide notice of a meeting in the manner prescribed by NRS 241.020.

       3.  Except as otherwise provided in subsection 4 and NRS 241.0355:

       (a) A majority of the members of the Board constitutes a quorum; and

       (b) All actions must be adopted by at least a majority of the members present and constituting the quorum at such a meeting.

       4.  The affirmative vote of at least two-thirds of the members of the Board is necessary to pass an action relating to:

       (a) A budgetary matter or a matter which involves an expenditure of public money; or

       (b) A contract or other instrument that creates a binding legal obligation on a public entity.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 524ê

 

CHAPTER 91, SB 84

Senate Bill No. 84–Committee on Human Resources and Facilities

 

CHAPTER 91

 

AN ACT relating to personal care facilities; revising provisions relating to the administration of surety bonds and other obligations required of certain facilities that provide care for elderly persons; decreasing the amount of those surety bonds and other obligations; exempting certain facilities from the requirement of filing such a surety bond or depositing such an obligation in certain banks or trust companies; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.065 is hereby amended to read as follows:

      449.065  1.  Except as otherwise provided in [subsection] subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, residential facility for groups and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the [Aging Services Division of the Department of Human Resources] Health Division a surety bond:

      (a) If the facility or agency employs less than 7 employees, in the amount of [$10,000;] $5,000;

      (b) If the facility or agency employs at least 7 but not more than 25 employees, in the amount of [$50,000;] $25,000; or

      (c) If the facility or agency employs more than 25 employees, in the amount of [$100,000.] $50,000.

      2.  A bond filed pursuant to this section must be executed by the facility or agency as principal and by a surety company as surety. The bond must be payable to the Aging Services Division of the Department of Human Resources and must be conditioned to provide indemnification to an older patient who the Specialist for the Rights of Elderly Persons determines has suffered property damage as a result of any act or failure to act by the facility or agency to protect the property of the older patient.

      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the [Aging Services Division of the Department of Human Resources,] Health Division, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility or agency to protect the property of the older patient alleged to have occurred while the bond was in effect.

      5.  A license is suspended by operation of law when the facility or agency is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067. The Administrator of the [Aging Services Division of the Department of Human Resources] Health Division shall give the facility or agency at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.


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ê2003 Statutes of Nevada, Page 525 (Chapter 91, SB 84)ê

 

Resources] Health Division shall give the facility or agency at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The Administrator of the [Aging Services Division of the Department of Human Resources] Health Division may exempt a residential facility for groups from the requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the residential facility for groups.

      7.  The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, residential facility for groups or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

      Sec. 2.  NRS 449.067 is hereby amended to read as follows:

      449.067  1.  As a substitute for the surety bond required pursuant to NRS 449.065, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups and an agency to provide nursing in the home may deposit with any bank or trust company authorized to do business in this state, upon approval from the Administrator of the [Aging Services Division of the Department of Human Resources:] Health Division:

      (a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state, or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.

      2.  The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449.065. With the approval of the Administrator of the [Aging Services Division,] Health Division, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging Services Division of the Department of Human Resources and are negotiable only upon approval by the Administrator of the Aging Services Division.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be an amount at least equal to the surety bond required by NRS 449.065 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging Services Division.

      Sec. 3.  On July 1, 2003, or as soon thereafter as practicable, the Administrator of the Aging Services Division of the Department of Human Resources shall transfer to the Administrator of the Health Division of the Department to carry out the provisions of this act:

      1.  All bonds filed with the Administrator of the Aging Services Division pursuant to NRS 449.065 and administered by the Administrator of the Aging Services Division as of June 30, 2003;


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ê2003 Statutes of Nevada, Page 526 (Chapter 91, SB 84)ê

 

      2.  All information concerning obligations deposited with a bank or trust company pursuant to NRS 449.067 and administered by the Administrator of the Aging Services Division as of June 30, 2003; and

      3.  Any other information that the Administrator of the Aging Services Division believes would assist the Administrator of the Health Division in carrying out the provisions of this act.

      Sec. 4.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 92, SB 107

Senate Bill No. 107–Committee on Judiciary

 

CHAPTER 92

 

AN ACT relating to courts; changing the limitation on the period of time in which a county or city may authorize justices or judges of justices’ or municipal courts to impose an administrative assessment for the provision of court facilities; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.0611 is hereby amended to read as follows:

      176.0611  1.  A county or a city, upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justices’ or municipal courts within its jurisdiction to impose for not longer than [25] 50 years, in addition to an administrative assessment imposed pursuant to NRS 176.059, an administrative assessment for the provision of court facilities.

      2.  Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment.

      3.  The provisions of subsection 2 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance that is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      4.  The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it.


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ê2003 Statutes of Nevada, Page 527 (Chapter 92, SB 107)ê

 

defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

      5.  If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:

      (a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

      (b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section; and

      (c) To pay the fine.

      6.  The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:

      (a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

      (b) Construct or acquire additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

      (c) Renovate or remodel existing facilities for the municipal courts.

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center that includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

      (e) Acquire advanced technology for use in the additional or renovated facilities.

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center that includes the municipal courts.

Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      7.  The money collected for administrative assessments for the provision of court facilities in justices’ courts 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. The county treasurer shall deposit the money received to a special revenue fund. The county may use the money in the special revenue fund only to:

      (a) Acquire land on which to construct additional facilities for the justices’ courts or a regional justice center that includes the justices’ courts.


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ê2003 Statutes of Nevada, Page 528 (Chapter 92, SB 107)ê

 

      (b) Construct or acquire additional facilities for the justices’ courts or a regional justice center that includes the justices’ courts.

      (c) Renovate or remodel existing facilities for the justices’ courts.

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justices’ courts or a regional justice center that includes the justices’ courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

      (e) Acquire advanced technology for use in the additional or renovated facilities.

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justices’ courts or a regional justice center that includes the justices’ courts.

Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      8.  If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.

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

________

 

CHAPTER 93, SB 113

Senate Bill No. 113–Committee on Government Affairs

 

CHAPTER 93

 

AN ACT relating to redevelopment; revising the manner of valuing certain property that becomes exempt from taxation for the purposes of allocating certain tax revenue among taxing agencies and a redevelopment agency; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 279.676 is hereby amended to read as follows:

      279.676  1.  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the State, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:


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ê2003 Statutes of Nevada, Page 529 (Chapter 93, SB 113)ê

 

public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

      (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the State and becomes exempt from taxation, the assessed valuation of the exempt property as shown on [that] the assessment roll last equalized before the date on which the property was transferred to the State must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

      (b) Except as otherwise provided in paragraphs (c) and (d) and NRS 540A.265, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the [last equalized] assessment roll [referred to in paragraph (a),] last equalized before the effective date of the ordinance approving the redevelopment plan, less the assessed valuation of any exempt property subtracted pursuant to paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      (c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.


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      (d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

      2.  Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

      (a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

      (b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

      3.  The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

      4.  For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

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

________

 


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ê2003 Statutes of Nevada, Page 531ê

 

CHAPTER 94, SB 172

Senate Bill No. 172–Committee on Natural Resources

 

CHAPTER 94

 

AN ACT relating to agriculture; deleting provisions authorizing the State Quarantine Officer to impose certain administrative penalties; providing civil penalties for violations of interstate quarantines; providing for the automatic suspension of licenses to engage in pest control under certain circumstances; revising provisions governing pests and plant diseases; making various changes concerning the regulation and licensing of dealers of nursery stock; providing for the issuance of permits for occasional sales of nursery stock; authorizing the State Board of Agriculture to adopt regulations establishing certain license fees and penalty fees; providing for the payment of costs of corrective actions ordered by the Director of the State Department of Agriculture; revising provisions governing inspections and shipments of nursery stock; revising certain exemptions from the licensing requirements relating to pest control; eliminating the grace period for renewing licenses to perform pest control; changing the Noxious Weed and Insect Pest Control Program to the Program for the Control of Pests and Plant Diseases; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 554.085 is hereby amended to read as follows:

      554.085  1.  [The State Quarantine Officer shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 554.020 to 554.090, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the State Quarantine Officer may impose] In addition to any criminal penalty that may be imposed pursuant to NRS 554.090, any corporation, common carrier, agent or employee of any corporation, or any other person violating or assisting in violating any of the provisions of NRS 554.020 to 554.090, inclusive, or any regulation adopted pursuant thereto, is liable for a civil penalty for each violation [may] not to exceed:

      (a) For the first violation, $1,500;

      (b) For the second violation, $3,000; and

      (c) For each subsequent violation, $5,000.

      2.  If a defendant is convicted of violating any of the provisions of NRS 554.020 to 554.090, inclusive, or any regulation adopted pursuant thereto, the court shall order the defendant to pay a civil penalty pursuant to subsection 1. The court shall fix the manner and time of payment.

      3.  All [fines collected by the State Quarantine Officer] penalties collected pursuant to this section must be deposited with the State Treasurer for credit to the State General Fund.

      [2.  The State Quarantine Officer may:


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      (a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the State Quarantine Officer suspects may have committed flagrant or repeated violations of any provision of NRS 554.020 to 554.090, inclusive.

      3.  The State Quarantine Officer shall adopt such regulations as are necessary to provide for adequate notice and conduct of a hearing required by this section.]

      Sec. 1.5.  Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 2.  1.  A person licensed to engage in pest control shall ensure that each of his business locations in this state has a primary principal who is licensed in the appropriate category or categories of pest control.

      2.  If a licensee ceases to have a primary principal at each of his business locations in this state for 30 consecutive calendar days, his license for pest control is automatically suspended, without action of the Director, and remains suspended until such time as the licensee obtains a primary principal for each business location.

      3.  As used in this section, “primary principal” means an owner, officer, partner, member or technician of a pest control business who has qualified by examination in one or more of the categories of pest control and who has been designated by the pest control business as the person responsible for the daily supervision of the category or categories of pest control performed by a business location of the pest control business within this state.

      Sec. 3.  “Broker” means any person who acts as an agent for another person in negotiating the purchase or sale of nursery stock but who does not handle either the nursery stock which is involved in the purchase or sale, or the proceeds of the sale, if applicable.

      Sec. 4.  “Dangerously injurious plant pest” means a plant pest that constitutes a significant threat to the public or to the agricultural, forestry or horticultural industry of this state.

      Sec. 5.  “Dealer of nursery stock” means a person who produces, holds, distributes, collects or sells nursery stock, including, without limitation, a retail business, wholesale grower, landscape contractor, landscape maintenance business, broker and peddler.

      Sec. 6.  “Hold” means to have and maintain possession of nursery stock at a temporary or permanent location.

      Sec. 7.  “Infested” means contaminated with a pest or so exposed to a pest that contamination can reasonably be expected to exist.

      Sec. 8.  “Inspecting officer” means a person authorized by the Department to inspect nursery stock.

      Sec. 9.  “Inspection certificate” means a document which is issued by an inspecting officer or an appropriate state officer who is authorized to inspect nursery stock and which affirms, declares or verifies that the nursery stock, or the nursery or premises from which the nursery stock originated, has been inspected and found to be free from plant pests and symptoms of diseases.


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      Sec. 10.  “License” means a license issued pursuant to NRS 555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of this act, to a licensee to conduct business as a dealer of nursery stock.

      Sec. 11.  “Licensee” means a person licensed under the provisions of NRS 555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of this act.

      Sec. 12.  “Nursery” means any location:

      1.  Where nursery stock is grown, propagated, held, stored or sold; or

      2.  From which nursery stock is distributed directly to a customer.

      Sec. 13.  “Nursery stock” means a plant for planting, propagation or ornamentation, and includes, without limitation, parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.

      Sec. 14.  “Peddler” means any person who sells, solicits or offers for sale nursery stock to a customer but who does not have a nursery located in this state. The term does not include nurserymen licensed by another state who wholesale nursery stock to retail nurserymen located in this state or nurserymen who sell nursery stock directly to the public by catalog.

      Sec. 15.  “Pest” means any form of animal or vegetable life detrimental to the crops, horticulture, livestock, public health, wildlife, quality of water and beneficial uses of land in this state, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasmal organism, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the Director declares to be a pest.

      Sec. 16.  “Phytosanitary certificate” means a certificate from an authorized state plant regulatory officer that certifies, affirms, declares or verifies that an article, nursery stock, plant product, shipment or other officially regulated item meets federal or state quarantine requirements, as appropriate, including, without limitation, that the item is free of dangerously injurious pests or quarantine pests, or that the item has been treated in the manner set forth in the rules and regulations prescribed by the applicable quarantine. The term includes a federal phytosanitary certificate, a state phytosanitary certificate and a certificate of quarantine compliance.

      Sec. 17.  “Quarantine pest” means a pest listed by the State Quarantine Officer in a quarantine issued pursuant to chapter 554 of NRS.

      Sec. 18.  “Sell” means exchange, offer for sale, expose for sale, have in possession for sale, arrange the sale of, solicit for sale, display or advertise for sale, consign, accept on consignment, or broker the purchase or sale.

      Sec. 19.  NRS 555.100 is hereby amended to read as follows:

      555.100  1.  The Department shall, if necessary or if a complaint is made to the Department, cause an inspection to be conducted of any premises, land, means of conveyance or article of any person in this state, and if found infested with [an infectious disease, insect, plant, weed or other pest] any pest or plant disease that is injurious to:

      (a) The public health or quality of any water in this state; or

      (b) Any wildlife, beneficial use of land or agriculture in this state,the Department may provide a written notice of its findings to the owner or occupant of the premises, land, means of conveyance or article and require him to control, treat or eradicate the [disease, insect, weed or other] pest or plant disease in the manner and within the period specified in the notice.


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the Department may provide a written notice of its findings to the owner or occupant of the premises, land, means of conveyance or article and require him to control, treat or eradicate the [disease, insect, weed or other] pest or plant disease in the manner and within the period specified in the notice.

      2.  A notice issued pursuant to the provisions of subsection 1:

      (a) May be served upon the owner or occupant by an officer or employee of the Department; and

      (b) Must be served in writing, by certified mail or personally, with receipt given therefor.

      Sec. 20.  NRS 555.110 is hereby amended to read as follows:

      555.110  1.  [All such premises so infected or infested are] Any premises found to be infested with any pest or plant disease is hereby adjudged and declared to be a public nuisance . [, and if any] If such a nuisance exists at any place within the jurisdiction of the Department and the owner or occupant [thereof,] of the premises, after notification, refuses or neglects to abate the nuisance within the period specified, the Department shall cause the nuisance to be abated at once by eradicating or controlling [those diseases, insects, weeds or other] pests or plant diseases in a manner to be determined by the Department.

      2.  The expense thereof must be paid from any money made available to the Department by direct legislative appropriation or otherwise.

      Sec. 21.  NRS 555.235 is hereby amended to read as follows:

      555.235  As used in NRS 555.235 to 555.249, inclusive [:

      1.  “Inspecting officer” means a person authorized by the Department to inspect nursery stock.

      2.  “Licensee” means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.

      3.  “Nursery” means any location:

      (a) Where nursery stock is grown, propagated, stored or sold; or

      (b) From which nursery stock is distributed directly to a customer.

      4.  “Nursery stock” means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.

      5.  “Pest” means any form of animal or vegetable life detrimental to the nursery industry of this state, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasmal organism, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the Director declares to be a pest.

      6.  “Sell” means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.] , and sections 3 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 18, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 22.  NRS 555.236 is hereby amended to read as follows:

      555.236  1.  [Every] Except as otherwise provided in this section, a person who engages in the commercial production, holding, distribution, collection or selling of nursery stock [shall] must obtain a license from the Director, except:

      (a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.


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      (b) A person [who is] not engaged in the nursery or landscaping business [and] who raises nursery stock as a hobby in this state [,] from which he makes occasional sales, if the person [reports to the Director his intention to make those sales and] does not advertise or solicit for the sale of that nursery stock.

      (c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.

      (d) [That the Director may, to relieve hardships imposed by the licensing requirements of NRS 555.235 to 555.249, inclusive, upon persons residing in sparsely settled areas of this state where no licensed nurseries exist, waive the requirements for the licensing of nurseries for any established business to permit occasional sales of nursery stock to accommodate the customers of the business.

      (e)] At the discretion of the Director, persons selling vegetable bulbs or flower bulbs, including, without limitation, onion sets, tulip bulbs and similar bulbs.

      [(f) A nursery]

      (e) A business licensed by another state that sells nursery stock [directly] only to:

             (1) A licensed [retail] dealer of nursery stock in this state; or

             (2) The public exclusively by catalog.

      (f) A garden club or charitable nonprofit association conducting sales of nursery stock, provided that the garden club or nonprofit association has applied for and received a permit from the Director to conduct such sales. The Department shall not charge a fee for such a permit.

      (g) A state or local governmental entity, including a conservation district. The Department may inspect any plant materials held, distributed, collected or sold by such an entity.

      2.  The Director may waive the requirements relating to licensing set forth in NRS 555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of this act, for a person otherwise required to obtain a license pursuant to this section if the person only has occasional sales of nursery stock to the ultimate customer. To obtain a waiver pursuant to this subsection, the person must:

      (a) Submit to the Department a completed application for a license to engage in the business of a dealer of nursery stock that includes sufficient information to demonstrate that the person qualifies for a waiver pursuant to this subsection; and

      (b) Submit to the Director a notarized affidavit on a form provided by the Department attesting that all information furnished in the completed application is true.

A completed application submitted to the Department pursuant to this section need not be accompanied by the fee required by NRS 555.238. A waiver issued pursuant to this subsection may be revoked at any time and must be renewed annually.

      3.  Persons, state agencies or political subdivisions exempt from the licensing requirements:

      (a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the Director.

      (b) Shall register annually, on or before July 1, with the Department, the location, size and type of nursery stock being sold or produced.


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      4.  As used in this section, “occasional sales” means sales of nursery stock in a gross annual amount that is less than $1,000.

      Sec. 23.  NRS 555.237 is hereby amended to read as follows:

      555.237  1.  Any person applying for a license [shall] must do so on the application form and in the manner prescribed by the Director.

      2.  [The] Except as otherwise provided in NRS 555.236, an application for a license must be accompanied by the [nursery license fee required by] fee established pursuant to NRS 555.238 and by evidence of the good faith and character of the applicant.

      3.  A license is not transferable. If a licensee changes its business name or the ownership of the licensee changes, the licensee must obtain a new license. A licensee shall not engage in the business of a dealer of nursery stock until a new license is issued.

      4.  A licensee shall prominently display his license at his business location.

      Sec. 24.  NRS 555.238 is hereby amended to read as follows:

      555.238  [1.]  The State Board of Agriculture may establish by regulation [a minimum annual fee for each nursery license, to which must be added an amount established by regulation of the Board for each:

      (a) Additional nursery of a licensee who has paid the minimum nursery license fee.

      (b) Acre of nursery stock in production or portion thereof after the first acre.

      (c) Agent acting on behalf of a licensed nursery established in this state and operating outside of the county in which the nursery is located.

      (d) Peddler.

      2.  As used in this section:

      (a) “Agent” means any person who:

             (1) Acts upon the authority of another person possessing a nursery license in this state: and

             (2) Solicits for the sale of nursery stock.

      (b) “Peddler” means any person who sells, solicits or offers for sale nursery stock to a customer and who does not have a nursery in this state. The term does not include nurserymen licensed by another state who wholesale nursery stock to retail nurserymen in this state or sell nursery stock directly to the public by catalog.] a schedule of annual fees for licenses.

      Sec. 25.  NRS 555.239 is hereby amended to read as follows:

      555.239  1.  [Every licensee shall] Except as otherwise provided in this section and NRS 555.237, a license expires on June 30 of each year. A licensee must apply for the renewal of his nursery license annually on or before July 1. It is unlawful to conduct business without a current license.

      2.  The fee for the renewal of a license is ascertained in [the same manner as provided in] accordance with the schedule of fees established pursuant to NRS 555.238.

      3.  Any license may be renewed after July [15] 1 upon payment of a penalty [of $10.

      4.  Any person who has been previously licensed to sell nursery stock and whose right to sell nursery stock has been forfeited by failure to renew his license is exempt from the penalty fee if his application to renew his license is accompanied by a signed statement that he has not sold any nursery stock during any part of the fiscal year for which he applies for renewal of his license.]


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his license.] fee established by regulation of the State Board of Agriculture. Such a penalty fee must not exceed $200.

      Sec. 26.  NRS 555.241 is hereby amended to read as follows:

      555.241  The Director may refuse to issue or renew, or may suspend or revoke, a [nursery] license for violation of any provision of NRS 555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of this act, or any rule or regulation adopted under NRS 555.243, but no license may be refused, suspended or revoked pursuant to this section until the applicant or licensee has been given the opportunity to appear at a hearing. Offenders must be given 15 days’ notice in writing. The notice must indicate the offense and the place of hearing.

      Sec. 27.  NRS 555.244 is hereby amended to read as follows:

      555.244  1.  The Director or any inspecting officer may enter any [nursery during reasonable] business during regular business hours to ascertain [:

      1.  The pest conditions of nursery stock on growing grounds.

      2.  The condition of nursery stock offered for sale.] compliance with NRS 555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of this act, and any regulations adopted pursuant thereto.

      2.  Invoices and applicable inspection certificates, quarantine certificates and phytosanitary certificates must be made available to the Director or inspecting officer upon request.

      Sec. 28.  NRS 555.246 is hereby amended to read as follows:

      555.246  1.  [All] Except as otherwise provided in this section, nursery stock that is shipped from other states to points within this state and all nursery stock shipped intrastate must [bear on the outside of each container in which the nursery stock was packed for shipment a phytosanitary certificate or] be accompanied by an inspection certificate which:

      (a) Is dated within a reasonable time before shipment [, which must:

      (a) If it is a phytosanitary certificate, certify that the nursery stock has been inspected and found free from dangerously injurious plant pests and quarantine pests or has been treated in the manner set forth in the rules and regulations prescribed by an applicable quarantine issued pursuant to chapter 554 of NRS;

      (b) If it is an inspection certificate, certify that the nursery from which the nursery stock was shipped] ;

      (b) Is issued by an authorized state plant regulatory officer; and

      (c) Affirms, declares or verifies that the nursery stock, nursery or premises from which the nursery stock originated has been inspected and found free of dangerously injurious plant pests [and is commercially clean of common pests; and

      (c) Bear the signature of an officer authorized to inspect nursery stock.

      2.  No] , pests and disease symptoms.

      2.  Except as otherwise provided in this section, nursery stock that is shipped from other states to points within this state, and nursery stock that is shipped intrastate, for which a quarantine has been issued pursuant to chapter 554 of NRS or to which a federal quarantine applies, must be accompanied by a phytosanitary certificate.

      3.  Except as otherwise provided in this section, a corporation, company or natural person engaged in the transportation of freight or express [may] shall not make delivery of any nursery stock in this state without [a] the inspection certificate or phytosanitary certificate [or an inspection certificate.


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ê2003 Statutes of Nevada, Page 538 (Chapter 94, SB 172)ê

 

the inspection certificate or phytosanitary certificate [or an inspection certificate.

      3.  As used in this section:

      (a) “Dangerously injurious plant pest” means a plant pest that constitutes a significant threat to the public, the nursery, agricultural, forestry or horticultural industry in this state or the general environmental quality of this state.

      (b) “Phytosanitary certificate” means a certificate from the state of origin of nursery stock that was shipped to this state which verifies that an officer authorized to inspect nursery stock in the state of origin has inspected the nursery stock and determined that it meets the requirements set forth in paragraph (a) of subsection 1.

      (c) “Quarantine pest” means a pest listed by the State Quarantine Officer in a quarantine issued pursuant to chapter 554 of NRS.] , as appropriate, required by subsections 1 and 2.

      4.  A shipment of nursery stock which is in the possession of an in-state dealer of nursery stock licensed with the Department and which is being delivered to an in-state customer need not be accompanied by the inspection certificate or phytosanitary certificate, as appropriate, required by subsections 1 and 2, except that the dealer of nursery stock must provide such documents to the Department upon request.

      Sec. 29.  NRS 555.247 is hereby amended to read as follows:

      555.247  1.  All nursery stock shipped from other states to points within this state and all nursery stock shipped intrastate must bear a label on or attached to:

      (a) The outside of the container in which the nursery stock was packed for shipment that indicates the name and address of the consignee and consignor and contains a statement describing plainly and legibly the correct botanical or commonly accepted name, or both, for each kind of nursery stock in the container.

      (b) Each individual piece of one kind and variety of nursery stock , or subcontainer or lot containing one kind and variety of nursery stock in each container, that contains a legible statement of the correct botanical or commonly accepted name, or both, of the nursery stock.

      2.  [Bulk] Except as otherwise provided in subsection 4 of NRS 555.246, bulk shipments of nursery stock not packed in containers must:

      (a) Be accompanied by [one of the certificates] the appropriate certificate required pursuant to NRS 555.246.

      (b) Be accompanied by a manifest which must:

             (1) State the name and address of the consignor and consignee; and

             (2) List and describe plainly and legibly the correct botanical or commonly accepted name, or both, for each kind of nursery stock in the bulk shipment.

      (c) Be labeled in accordance with the requirements of subsection 1.

      Sec. 30.  NRS 555.2485 is hereby amended to read as follows:

      555.2485  1.  The Director shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of this act, or the regulations adopted pursuant thereto. The maximum fine that the Director may impose for each violation may not exceed:

      (a) For the first violation, $250;


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      (b) For the second violation, $500; and

      (c) For each subsequent violation, $1,000.

All fines collected by the Director pursuant to this section must be deposited with the State Treasurer for credit to the State General Fund.

      2.  The Director may:

      (a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation . [; or] The violator shall pay the cost of any appropriate action so ordered.

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person who the Director suspects may have committed flagrant or repeated violations of any provision of NRS 555.235 to 555.249, inclusive [.] , and sections 3 to 18, inclusive, of this act.

      Sec. 31.  NRS 555.249 is hereby amended to read as follows:

      555.249  Any person violating the provisions of NRS 555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of this act or the regulations adopted pursuant thereto is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the Department may recover the costs of the proceeding, including investigative costs and attorney’s fees, against a person convicted of a misdemeanor pursuant to this section.

      Sec. 32.  NRS 555.2605 is hereby amended to read as follows:

      555.2605  As used in NRS 555.2605 to 555.460, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, have the meanings ascribed to them in those sections.

      Sec. 33.  NRS 555.270 is hereby amended to read as follows:

      555.270  It is the policy of this state and the purpose of NRS 555.2605 to 555.460, inclusive, and section 2 of this act, to regulate, in the public interest, the application of pesticides which, although valuable for the control of pests, may seriously injure man, animals and crops over wide areas if not properly applied.

      Sec. 34.  NRS 555.277 is hereby amended to read as follows:

      555.277  1.  The provisions of NRS 555.2605 to 555.460, inclusive, and section 2 of this act, relating to licenses and requirements for their issuance, except a certificate or permit to use a restricted-use pesticide, do not apply to any farmer-owner of ground equipment applying pesticides for himself or his neighbors, if:

      (a) He operates farm property and operates and maintains equipment for applying pesticides primarily for his own use.

      (b) He is not regularly engaged in the business of applying pesticides for hire as a principal or regular occupation, and he does not publicly hold himself out as a pesticide applicator.

      (c) He operates his equipment for applying pesticides only in the vicinity of his own property and for the accommodation of his neighbors for agricultural purposes only.

      2.  The provisions of NRS 555.2605 to 555.460, inclusive, and section 2 of this act, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to any person using hand-powered equipment, devices or contrivances to apply pesticides to lawns or to ornamental shrubs and trees as an incidental part of his business of taking care of lawns and yards for remuneration, if that person does not publicly hold himself out as being in the business of applying pesticides [.]


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ê2003 Statutes of Nevada, Page 540 (Chapter 94, SB 172)ê

 

care of lawns and yards for remuneration, if that person does not publicly hold himself out as being in the business of applying pesticides [.] and the cost of applying the pesticides does not exceed 20 percent of the total remuneration received.

      Sec. 35.  NRS 555.320 is hereby amended to read as follows:

      555.320  1.  If the Director finds the applicant qualified, and upon the applicant’s appointing the Director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.325 and 555.330, the Director shall issue a license to perform pest control within this state.

      2.  The license period is the calendar year. All licenses expire on December 31 of each year. The license may be renewed annually upon application to the Director and payment of the license fee on or before [January 16] December 31 of each year. If the holder of the license is a natural person, he must submit with his application for renewal the statement required pursuant to NRS 555.325.

      3.  [A penalty fee of $5 must be charged for failure to pay the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of pesticides from the time of expiration of his prior license until the time of application for renewal.

      4.]  The license may restrict the licensee to the use of a certain type or types of equipment or materials if the Director finds that the applicant is qualified to use only a certain type or types.

      [5.] 4.  If a license is not issued as applied for, the Director shall inform the applicant in writing of the reasons therefor.

      Sec. 36.  NRS 555.350 is hereby amended to read as follows:

      555.350  1.  The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any license issued under NRS 555.2605 to 555.460, inclusive, and section 2 of this act, if he finds that:

      (a) The licensee is no longer qualified;

      (b) The licensee has engaged in fraudulent business practices in pest control;

      (c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to be used;

      (d) The licensee has applied known ineffective or improper materials;

      (e) The licensee operated faulty or unsafe equipment;

      (f) The licensee has made any application in a faulty, careless or negligent manner;

      (g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, and section 2 of this act, or regulations adopted pursuant thereto;

      (h) The licensee engaged in the business of pest control without having a licensed applicator or operator in direct on-the-job supervision;

      (i) The licensee aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, and section 2 of this act combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed one’s license to be used by an unlicensed person;

      (j) The licensee was intentionally guilty of fraud or deception in the procurement of his license; or


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ê2003 Statutes of Nevada, Page 541 (Chapter 94, SB 172)ê

 

      (k) The licensee was intentionally guilty of fraud or deception in the issuance of an inspection report on wood-destroying pests or other report required by regulation.

      2.  A license is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330, is cancelled, and the license remains suspended until the insurance is reestablished.

      Sec. 37.  NRS 555.460 is hereby amended to read as follows:

      555.460  Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, or section 2 of this act, or the regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

      Sec. 38.  NRS 555.470 is hereby amended to read as follows:

      555.470  1.  The Director shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive [.] , or section 2 of this act. The maximum fine that may be imposed by the Director for each violation must not exceed $5,000 per day. All fines collected by the Director pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

      2.  The Director may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the State Board of Agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive [.] , or section 2 of this act.

      Sec. 39.  NRS 561.375 is hereby amended to read as follows:

      561.375  1.  The [Noxious Weed and Insect Pest Control] Program for the Control of Pests and Plant Diseases is hereby established.

      2.  Money accepted by the Department under the provisions of NRS 555.010 to 555.460, inclusive, and sections 2 to 18, inclusive, of this act, from the Federal Government or any federal department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, or a natural person, may be used in the [Noxious Weed and Insect Pest Control Program.] Program for the Control of Pests and Plant Diseases.

      3.  Expenditures for the [Noxious Weed and Insect Pest Control] Program for the Control of Pests and Plant Diseases may be made only to carry out the provisions of this chapter and chapter 555 of NRS.

      Sec. 40.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 542ê

 

CHAPTER 95, SB 224

Senate Bill No. 224–Senators Titus, Carlton, Wiener and Mathews

 

CHAPTER 95

 

AN ACT relating to domestic violence; allowing the designation of an attendant in all civil and certain criminal proceedings involving a victim of an act of domestic violence; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In any civil action involving a victim of an act of domestic violence pursuant to NRS 33.018, the victim may designate a person to act as an attendant during any proceeding to provide support to the victim.

      2.  The victim may designate any person to act as an attendant.

      3.  An attendant:

      (a) Is not required to possess or obtain any special qualifications, such as certification or training, to serve as an attendant pursuant to this section.

      (b) Shall be available to provide moral and emotional support to the victim.

      (c) Shall be available to assist the victim in feeling more confident that the victim will not be injured or threatened at any time during any proceeding.

      (d) Unless otherwise ordered by the court, must be allowed to be present in close proximity to the victim during any proceeding.

      4.  Unless the attendant is an attorney licensed or otherwise authorized to practice in this state, the attendant shall not provide any legal advice to the victim. Any action taken by the attendant in accordance with this section shall be deemed not to constitute the unauthorized practice of law pursuant to NRS 7.285.

      5.  The attendant may be designated by a party as a witness and must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies.

      6.  For the purposes of this section, “victim of an act of domestic violence pursuant to NRS 33.018” includes any person who alleges that he is a victim of an act of domestic violence pursuant to NRS 33.018, regardless of whether or not the alleged perpetrator of the act of domestic violence has been charged with or convicted of any criminal offense related to that act.

      Sec. 2.  NRS 178.571 is hereby amended to read as follows:

      178.571  1.  Except as otherwise provided in subsection 2, in a case involving any act of domestic violence pursuant to NRS 33.018, a violation of NRS 200.366, 200.368 or 200.373, a battery with intent to commit a sexual assault pursuant to NRS 200.400, a violation of any provision of NRS 200.5091 to 200.5099, inclusive, a violation of NRS 201.180, 201.210, 201.220 or 201.230 or an attempt or a conspiracy to commit any of these offenses, a witness may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witness’s testimony to provide support.


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ê2003 Statutes of Nevada, Page 543 (Chapter 95, SB 224)ê

 

200.5091 to 200.5099, inclusive, a violation of NRS 201.180, 201.210, 201.220 or 201.230 or an attempt or a conspiracy to commit any of these offenses, a witness may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witness’s testimony to provide support.

      2.  In a case involving an offense in which a minor is a witness, the witness who is a minor may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witness’s testimony to provide support.

      3.  The attendant may be designated by a party as a witness and, except as otherwise provided in this section, must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies.

      4.  Except as otherwise provided in this subsection and subsection 5, the attendant must not be a reporter or editorial employee of any newspaper, periodical or press association or an employee of any radio or television station. The provisions of this subsection do not apply to an attendant to a witness in a case involving a violation of any provision of NRS 200.5091 to 200.50995, inclusive.

      5.  The parent, child, brother or sister of the witness may serve as the attendant of the witness whether or not the attendant is a reporter or an editorial employee of any newspaper, periodical or press association or an employee of any radio or television station, but the attendant shall not make notes during the hearing or trial.

      6.  The court:

      (a) Shall, if the witness requests, allow the attendant to sit next to the witness while the witness is testifying; or

      (b) May, if the witness requests that the attendant be in another location in the courtroom while the witness is testifying, allow the attendant to be in that location while the witness is testifying.

      7.  Except as otherwise provided in this subsection, the court shall allow the attendant to have physical contact with the witness while the witness is testifying, if the court determines that such contact is reasonably appropriate or necessary to provide support to the witness. If the attendant attempts to influence or affect in any manner the testimony of the witness during the giving of testimony or at any other time, the court shall exclude that attendant and allow the witness to designate another attendant.

      8.  A party may move to exclude a particular attendant for good cause, and the court shall hear the motion out of the presence of the jury, if any. If the court grants the motion, the witness may designate another attendant.

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ê2003 Statutes of Nevada, Page 544ê

 

CHAPTER 96, SB 269

Senate Bill No. 269–Senator Schneider

 

CHAPTER 96

 

AN ACT relating to domestic relations; providing that a change of 20 percent or more in the gross monthly income of a person who is ordered to pay alimony or who is subject to an order for support of a child shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony or the order for support of a child; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125.150 is hereby amended to read as follows:

      125.150  Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

      1.  In granting a divorce, the court:

      (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

      (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

      (a) The intention of the parties in placing the property in joint tenancy;

      (b) The length of the marriage; and

      (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

As used in this subsection, “contribution” includes a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property.


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ê2003 Statutes of Nevada, Page 545 (Chapter 96, SB 269)ê

 

of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees are in issue under the pleadings.

      4.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

      5.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      6.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.

      8.  In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      9.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.


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ê2003 Statutes of Nevada, Page 546 (Chapter 96, SB 269)ê

 

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

                   (I) The equivalent of a high school diploma;

                   (II) College courses which are directly applicable to the recipient’s goals for his career; or

                   (III) Courses of training in skills desirable for employment.

      10.  For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.

      Sec. 2.  NRS 125B.145 is hereby amended to read as follows:

      125B.145  1.  An order for the support of a child must, upon the filing of a request for review by:

      (a) The Welfare Division of the Department of Human Resources, its designated representative or the district attorney, if the Welfare Division or the district attorney has jurisdiction in the case; or

      (b) A parent or legal guardian of the child,

be reviewed by the court at least every 3 years pursuant to this section to determine whether the order should be modified or adjusted. Each review conducted pursuant to this section must be in response to a separate request.

      2.  If the court:

      (a) Does not have jurisdiction to modify the order, the court may forward the request to any court with appropriate jurisdiction.

      (b) Has jurisdiction to modify the order and, taking into account the best interests of the child, determines that modification or adjustment of the order is appropriate, the court shall enter an order modifying or adjusting the previous order for support in accordance with the requirements of NRS 125B.070 and 125B.080.

      3.  The court shall ensure that:

      (a) Each person who is subject to an order for the support of a child is notified, not less than once every 3 years, that he may request a review of the order pursuant to this section; or

      (b) An order for the support of a child includes notification that each person who is subject to the order may request a review of the order pursuant to this section.

      4.  An order for the support of a child may be reviewed at any time on the basis of changed circumstances. For the purposes of this subsection, a change of 20 percent or more in the gross monthly income of a person who is subject to an order for the support of a child shall be deemed to constitute changed circumstances requiring a review for modification of the order for the support of a child.


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ê2003 Statutes of Nevada, Page 547 (Chapter 96, SB 269)ê

 

      5.  As used in this section [“order] :

      (a) “Gross monthly income” has the meaning ascribed to it in NRS 125B.070.

      (b) “Order for the support of a child” means such an order that was issued or is being enforced by a court of this state.

________

 

CHAPTER 97, SB 277

Senate Bill No. 277–Senators Wiener, O’Connell, Titus, Hardy, Care, Raggio, Tiffany and Townsend

 

CHAPTER 97

 

AN ACT relating to state purchasing; requiring a using agency to purchase prescription drugs, pharmaceutical services, or medical supplies and related services only through the Purchasing Division of the Department of Administration under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a using agency shall purchase prescription drugs, pharmaceutical services, or medical supplies and related services, or any combination thereof, only through the Purchasing Division.

      2.  A using agency may, on its own behalf or in cooperation with one or more other using agencies or other governmental entities within or outside this state, purchase prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division if the using agency or using agencies or other governmental entities, as applicable, can obtain the best value for prescription drugs, pharmaceutical services, or medical supplies and related services from the other entity and the Purchasing Division is unable to match or exceed that best value in a timely manner.

      3.  If a using agency purchases prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division pursuant to subsection 2, the using agency shall report to the Purchasing Division, within 10 days after the initial purchase:

      (a) The purchase price for the prescription drugs, pharmaceutical services, or medical supplies and related services; and

      (b) The name, address and telephone number of the entity that sold the using agency the prescription drugs, pharmaceutical services, or medical supplies and related services.

      4.  As used in this section, “using agency” includes the University and Community College System of Nevada.

      Sec. 2.  NRS 333.020 is hereby amended to read as follows:

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


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ê2003 Statutes of Nevada, Page 548 (Chapter 97, SB 277)ê

 

      1.  “Best value” means the greatest possible economy consistent with grades or qualities of supplies, materials, equipment and services that are adapted to the purposes to be served.

      2.  “Chief” means the Chief of the Purchasing Division.

      [2.] 3.  “Director” means the Director of the Department of Administration.

      [3.] 4.  “Invitation to bid” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      [4.] 5.  “Proprietary information” means:

      (a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or

      (b) Any other trade secret or confidential business information submitted in a bid or proposal and designated as proprietary by the Chief.

As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

      [5.] 6.  “Purchasing Division” means the Purchasing Division of the Department of Administration.

      [6.] 7.  “Purchasing officer” means a person who is authorized by the Chief or a using agency to participate in:

      (a) The evaluation of bids or proposals for a contract;

      (b) Any negotiations concerning a contract; or

      (c) The development, review or approval of a contract.

      [7.] 8.  “Request for proposals” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      [8.] 9.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

      [9.] 10.  “Using agencies” means all officers, departments, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources. The term does not include the Nevada Rural Housing Authority, local governments as defined in NRS 354.474, conservation districts, irrigation districts and , except as otherwise provided in section 1 of this act, the University and Community College System of Nevada.

      [10.] 11.  “Volunteer fire department” means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      Sec. 3.  NRS 333.140 is hereby amended to read as follows:

      333.140  The Chief, in all his purchasing and property control activities, shall pursue a policy of securing the [greatest possible economy consistent with grades or qualities of supplies and services that are adapted to the purposes to be served.] best value for supplies, materials, equipment and services.

      Sec. 4.  NRS 333.390 is hereby amended to read as follows:

      333.390  1.  [The] Except as otherwise provided in section 1 of this act, the Chief may authorize local purchasing by using agencies, in accordance with the rules of procedure, of individual orders for items not scheduled for quantity purchasing, not to exceed $5,000 for each order, except for the repair, replacement and installation of parts for heavy equipment, not to exceed $15,000 for each order, at no higher prices than specified in the orders authorizing the local purchasing.


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ê2003 Statutes of Nevada, Page 549 (Chapter 97, SB 277)ê

 

accordance with the rules of procedure, of individual orders for items not scheduled for quantity purchasing, not to exceed $5,000 for each order, except for the repair, replacement and installation of parts for heavy equipment, not to exceed $15,000 for each order, at no higher prices than specified in the orders authorizing the local purchasing. The Chief may authorize purchasing at higher prices if perishable articles are involved and to meet other emergency requirements.

      2.  The prices of the local purchases must be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure.

      3.  Each authorization must:

      (a) Be revocable.

      (b) Specify the limit of spending for individual orders not to exceed $5,000, except for the repair, replacement and installation of parts referred to in subsection 1.

      (c) Specify the articles to be purchased.

      (d) Be operative for not longer than 1 year after the date of issue.

      4.  A using agency that receives an authorization shall keep a record of:

      (a) Its accounts and expenditures pursuant to that authority; and

      (b) Evidence indicating that every effort has been made to secure competitive bidding to the extent practicable.

      Sec. 5.  NRS 333.470 is hereby amended to read as follows:

      333.470  1.  [The] Except as otherwise provided in section 1 of this act, the University and Community College System of Nevada, local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the Purchasing Division.

      2.  The Chief shall issue bulletins from time to time to:

      (a) Each state agency;

      (b) Each local governmental agency;

      (c) Each irrigation district;

      (d) Each conservation district; and

      (e) The University and Community College System of Nevada,

indicating the supplies, materials and equipment available and the prices thereof.

      3.  The specifications for all bids for supplies, materials or equipment to be furnished pursuant to the provisions of subsection 1 must be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.

      Sec. 6.  NRS 287.0415 is hereby amended to read as follows:

      287.0415  1.  A majority of the members of the Board constitutes a quorum for the transaction of business.

      2.  The Governor shall designate one of the members of the Board to serve as the Chairman.

      3.  The Board shall meet at least once every calendar quarter and at other times upon the call of the Chairman.

      4.  The Board may meet in closed session:

      (a) To discuss matters relating to personnel;

      (b) To prepare a request for a proposal or other solicitation for bids to be released by the Board for competitive bidding; or

      (c) As otherwise provided pursuant to chapter 241 of NRS.


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ê2003 Statutes of Nevada, Page 550 (Chapter 97, SB 277)ê

 

      5.  As used in this section, “request for a proposal” has the meaning ascribed to it in subsection [7] 8 of NRS 333.020.

      Sec. 7.  The amendatory provisions of this act do not apply to any contract or other agreement for the purchase of prescription drugs, pharmaceutical services, or medical supplies and related services into which a using agency entered before July 1, 2003.

      Sec. 8.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 98, SB 337

Senate Bill No. 337–Senators Wiener, Rawson, Washington, Titus, Amodei, Care, Mathews and McGinness

 

CHAPTER 98

 

AN ACT relating to drugs; revising certain provisions relating to dispensing or distributing drugs via the Internet; prohibiting certain acts relating to filling or refilling a prescription via the Internet; clarifying that a person may fill or refill a prescription via the Internet within the time prescribed by law; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

      Whereas, The State of Nevada is committed to providing a safe and convenient method for its residents to fill prescriptions via the Internet; and

      Whereas, The State of Nevada must protect its residents by ensuring the quality of drugs that are used to fill prescriptions via the Internet; and

      Whereas, It is the policy of the State of Nevada to prevent prescriptions from being filled with drugs of questionable quality that are obtained from foreign countries and dispensed to the residents of this state via the Internet; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who is located within or outside this state shall not, via the Internet, fill or refill a prescription drug if:

      (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this state; and

      (b) The prescription drug has not been lawfully imported into the United States.

      2.  A person who is located within or outside this state shall not, via the Internet, fill or refill a prescription drug if:

      (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this state; and

      (b) The prescription was not delivered to the person in accordance with all applicable state and federal laws, regulations and standards.

      3.  A person shall not knowingly aid another person in any act or transaction that violates any provision of this section.


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ê2003 Statutes of Nevada, Page 551 (Chapter 98, SB 337)ê

 

      4.  Except as otherwise provided in subsection 5, a person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      5.  A person who violates any provision of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:

      (a) Is classified in schedule I; or

      (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

      6.  The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 5.

      7.  A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.

      Sec. 2.  NRS 453.146 is hereby amended to read as follows:

      453.146  1.  The Board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.

      2.  In making a determination regarding a substance, the Board shall consider the following:

      (a) The actual or relative potential for abuse;

      (b) The scientific evidence of its pharmacological effect, if known;

      (c) The state of current scientific knowledge regarding the substance;

      (d) The history and current pattern of abuse;

      (e) The scope, duration and significance of abuse;

      (f) The risk to the public health;

      (g) The potential of the substance to produce psychic or physiological dependence liability; and

      (h) Whether the substance is an immediate precursor of a controlled substance.

      3.  The Board may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.

      4.  After considering the factors enumerated in subsection 2, the Board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.

      5.  The Board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The Board may not designate as a controlled substance an anabolic steroid which is:

      (a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and

      (b) Approved by the Food and Drug Administration for such use.

      Sec. 3.  NRS 453.211 is hereby amended to read as follows:

      453.211  1.  The Board shall:

      (a) Review the schedules annually and maintain a list of current schedules.


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ê2003 Statutes of Nevada, Page 552 (Chapter 98, SB 337)ê

 

      (b) Upon the revision of a schedule, cause a copy of the revised schedule to be sent to each district attorney, public defender and judge in the State of Nevada.

      (c) Make copies of the list of current schedules available to members of the public upon request. The Board may charge a reasonable fee for providing the copies.

      2.  Failure to publish revised schedules is not a defense in any administrative or judicial proceeding under NRS 453.011 to 453.552, inclusive [.] , and section 1 of this act.

      Sec. 4.  NRS 453.2182 is hereby amended to read as follows:

      453.2182  If a substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law, the Board shall similarly treat the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. § 811(h), unless within the 60‑day period, the Board or an interested party objects to the treatment of the substance. If no objection is made, the Board shall adopt, without making the determinations or findings required by subsections 1 to 4, inclusive, of NRS 453.146 or NRS 453.166, 453.176, 453.186, 453.196 or 453.206, a final regulation treating the substance. If an objection is made, the Board shall make a determination with respect to the treatment of the substance as provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of an objection to the treatment by the Board, the Board shall publish notice of the receipt of the objection, and action by the Board is stayed until the Board adopts a regulation as provided by subsection 4 of NRS 453.146.

      Sec. 5.  NRS 453.219 is hereby amended to read as follows:

      453.219  A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of NRS 453.011 to 453.552, inclusive, and section 1 of this act as a substance included in schedule I. Within 30 days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the district attorney shall notify the Board of information relevant to scheduling by extraordinary regulation as provided for in NRS 453.2184. If the Board finally determines that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.

      Sec. 6.  NRS 453.233 is hereby amended to read as follows:

      453.233  Upon the conviction of any person required to be registered under the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act of a violation of any federal or state law relating to any controlled substance, the prosecuting attorney shall cause copies of the judgment of conviction to be sent to the Board and to any other licensing agency by whom the convicted person has been licensed or registered under the laws of the State of Nevada to engage in the practice of his business or profession.

      Sec. 7.  NRS 453.246 is hereby amended to read as follows:

      453.246  Persons registered to dispense controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of state and federal law and with any additional regulations the Board issues.


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ê2003 Statutes of Nevada, Page 553 (Chapter 98, SB 337)ê

 

recordkeeping and inventory requirements of state and federal law and with any additional regulations the Board issues.

      Sec. 8.  NRS 453.266 is hereby amended to read as follows:

      453.266  1.  Issuance and execution of an administrative warrant for inspection [warrants shall] must be as follows:

      (a) A magistrate, within his jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act or regulations of the Board or Division, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act or regulations of the Board or Division, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

      (b) A warrant [shall] must issue only upon an affidavit of an officer or employee of the Board or Division having knowledge of the facts alleged, sworn to before the magistrate and establishing the grounds for issuing the warrant. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any.

      2.  The warrant [shall:] must:

      (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

      (b) Be directed to a person authorized to execute it;

      (c) Command the person to whom it is directed to permit the inspection of the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

      (d) Identify the item or types of property to be seized, if any; and

      (e) Direct that it be served during normal business hours and designate the magistrate to whom it shall be returned.

      3.  A warrant issued pursuant to this section [shall] must be executed and returned within 10 days of its date of issuance unless, upon a showing of a need for additional time, the magistrate orders otherwise.

      4.  If property is seized pursuant to a warrant, a copy [shall] must be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken.

      5.  The return of the warrant [shall] must be made promptly, accompanied by a written inventory of any property taken. The inventory [shall] must be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory [shall] must be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

      6.  The magistrate who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court in the county in which the inspection was made.


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ê2003 Statutes of Nevada, Page 554 (Chapter 98, SB 337)ê

 

      Sec. 9.  NRS 453.271 is hereby amended to read as follows:

      453.271  Any officer or employee of the Division designated by his appointing authority may:

      1.  Carry firearms in the performance of his official duties;

      2.  Execute and serve search warrants, arrest warrants, administrative [inspection warrants,] warrants for inspections, subpoenas and summonses issued under the authority of this state;

      3.  Make arrests without warrant for any offense under the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of such sections which may constitute a felony;

      4.  Make seizures of property pursuant to the provisions of NRS 453.011 to 453.552, inclusive [;] , and section 1 of this act; or

      5.  Perform other law enforcement duties as the Division designates.

      Sec. 10.  NRS 453.281 is hereby amended to read as follows:

      453.281  1.  It is not necessary for the State to negate any exemption or exception in the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under such sections. The burden of proof of any exemption or exception is upon the person claiming it.

      2.  In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under the provisions of NRS 453.011 to 453.552, inclusive [:] , and section 1 of this act:

      (a) The person is presumed not to be the holder of the registration or form; and

      (b) The burden of proof is upon the person to rebut the presumption.

      3.  No liability is imposed by the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act upon any authorized state, county or municipal officer engaged in the lawful performance of his duties.

      Sec. 11.  NRS 453.286 is hereby amended to read as follows:

      453.286  All final determinations, findings and conclusions of the Board or Division under the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act are final and conclusive decisions of the matters involved. Any person aggrieved by the decision is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS. Findings of fact by the Board or Division, if supported by substantial evidence, are conclusive.

      Sec. 12.  NRS 453.301 is hereby amended to read as follows:

      453.301  The following are subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive:

      1.  All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

      2.  All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act or a law of any other jurisdiction which prohibits the same or similar conduct.


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ê2003 Statutes of Nevada, Page 555 (Chapter 98, SB 337)ê

 

      3.  All property which is used, or intended for use, as a container for property described in subsections 1 and 2.

      4.  All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

      5.  All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in subsection 1 or 2.

      6.  All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or a law of any other jurisdiction which prohibits the same or similar conduct, or of an injunction issued pursuant to NRS 453.558.

      7.  All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of NRS 453.332 or 453.3611 to 453.3648, inclusive, and section 1 of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

      8.  All real property and mobile homes used or intended to be used by any owner or tenant of the property or mobile home to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336, or used or intended to be used to facilitate a violation of a law of any other jurisdiction which prohibits the same or similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336. As used in this subsection, “tenant” means any person entitled, under a written or oral rental agreement, to occupy real property or a mobile home to the exclusion of others.

      9.  Everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act or a law of any other jurisdiction which prohibits the same or similar conduct, all proceeds traceable to such an exchange, and all other property used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336, or used or intended to be used to facilitate a violation of a law of any other jurisdiction which prohibits the same or similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336. If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture pursuant to this subsection.

      10.  All firearms, as defined by NRS 202.253, which are in the actual or constructive possession of a person who possesses or is consuming, manufacturing, transporting, selling or under the influence of any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

      11.  All computer hardware, equipment, accessories, software and programs that are in the actual or constructive possession of a person who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy and who violates the provisions of NRS 453.3611 to 453.3648, inclusive, and section 1 of this act or a law of any other jurisdiction which prohibits the same or similar conduct.


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ê2003 Statutes of Nevada, Page 556 (Chapter 98, SB 337)ê

 

453.3648, inclusive, and section 1 of this act or a law of any other jurisdiction which prohibits the same or similar conduct.

      Sec. 13.  NRS 453.305 is hereby amended to read as follows:

      453.305  1.  Whenever a person is arrested for violating any of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336, and real property or a mobile home occupied by him as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the arrest.

      2.  Whenever a person is convicted of violating any of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336, and real property or a mobile home occupied by him as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the conviction.

      3.  The notices required by this section must:

      (a) Be written in language which is easily understood;

      (b) Be sent by certified or registered mail, return receipt requested, to the owner at his last known address;

      (c) Be sent within 15 days after the arrest occurs or judgment of conviction is entered against the tenant, as the case may be;

      (d) Identify the tenant involved and the offense for which he has been arrested or convicted; and

      (e) Advise the owner that:

             (1) The property or mobile home is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, and 453.301 unless the tenant, if convicted, is evicted;

             (2) Any similar violation by the same tenant in the future may also result in the forfeiture of the property unless the tenant has been evicted;

             (3) In any proceeding for forfeiture based upon such a violation he will, by reason of the notice, be deemed to have known of and consented to the unlawful use of the property or mobile home; and

             (4) The provisions of NRS 40.2514 and 40.254 authorize the supplemental remedy of summary eviction to facilitate his recovery of the property or mobile home upon such a violation and provide for the recovery of any reasonable attorney’s fees he incurs in doing so.

      4.  Nothing in this section shall be deemed to preclude the commencement of a proceeding for forfeiture or the forfeiture of the property or mobile home, whether or not the notices required by this section are given as required, if the proceeding and forfeiture are otherwise authorized pursuant to NRS 179.1156 to 179.119, inclusive, and 453.301.

      5.  As used in this section, “tenant” means any person entitled under a written or oral rental agreement to occupy real property or a mobile home to the exclusion of others.

      Sec. 14.  NRS 453.311 is hereby amended to read as follows:

      453.311  1.  Controlled substances listed in schedule I:

      (a) That are possessed, transferred, sold or offered for sale in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act are contraband and [shall] must be seized and summarily forfeited to the State.


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ê2003 Statutes of Nevada, Page 557 (Chapter 98, SB 337)ê

 

      (b) Which are seized or come into the possession of the State, the owners of which are unknown, are contraband and [shall] must be summarily forfeited to the State.

      2.  Species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the State.

      3.  The failure, upon demand by the Division or other law enforcement agency, or the authorized agent of either, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

      Sec. 15.  NRS 453.326 is hereby amended to read as follows:

      453.326  1.  It is unlawful for a person:

      (a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.552, inclusive [;] , and section 1 of this act;

      (b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.552, inclusive [;] , and section 1 of this act; or

      (c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of those sections.

      2.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 16.  NRS 453.3363 is hereby amended to read as follows:

      453.3363  1.  If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, and section 1 of this act or pursuant to any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

      2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the Department of Corrections.

      3.  Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.


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ê2003 Statutes of Nevada, Page 558 (Chapter 98, SB 337)ê

 

Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

      4.  Except as otherwise provided in subsection 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

      5.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.

      Sec. 17.  NRS 453.346 is hereby amended to read as follows:

      453.346  1.  If a violation of NRS 453.011 to 453.552, inclusive, and section 1 of this act is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

      2.  The provisions of subsection 1 do not prohibit any licensing board within this state from proceeding administratively to suspend or revoke any certificate, license or permit held by any person who has been convicted of a violation of any federal or state controlled substance law.

      Sec. 18.  NRS 453.3635 is hereby amended to read as follows:

      453.3635  1.  The provisions of NRS 453.3611 to 453.3648, inclusive, and section 1 of this act do not apply to a person who is:

      [1.] (a) A common or contract carrier or warehouseman, or an employee thereof, unless the person is acting outside of the usual course of his business or employment and knows or has reasonable cause to believe that the act or transaction is unlawful.

      2.] (b) The intended recipient of a substance or drug, unless the intended recipient knows or has reasonable cause to believe that the act or transaction is unlawful.

      2.  The provisions of NRS 453.3611 to 453.3648, inclusive, and section 1 of this act do not prohibit a person from filling or refilling a prescription for a prescription drug during the period in which the prescription is valid pursuant to NRS 453.256 if the person is otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act to dispense or distribute the prescription drug.

      Sec. 19.  NRS 453.3648 is hereby amended to read as follows:

      453.3648  1.  The Attorney General has concurrent jurisdiction with the district attorneys of this state for the enforcement of the provisions of NRS 453.3611 to 453.3648, inclusive [.] , and section 1 of this act.

      2.  The Attorney General may investigate and prosecute a practitioner or any other person who violates the provisions of:


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ê2003 Statutes of Nevada, Page 559 (Chapter 98, SB 337)ê

 

      (a) NRS 453.3611 to 453.3648, inclusive [;] , and section 1 of this act; and

      (b) Any other statute if the violation is committed by the practitioner or person in the course of committing a violation described in paragraph (a).

      3.  When acting pursuant to this section, the Attorney General may commence his investigation and file a criminal action without leave of court, and the Attorney General has exclusive charge of the conduct of the prosecution.

      Sec. 20.  NRS 453.381 is hereby amended to read as follows:

      453.381  1.  In addition to the limitations imposed by NRS 453.256 and 453.3611 to 453.3648, inclusive, and section 1 of this act, a physician, physician assistant, dentist, advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

      2.  A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.

      3.  A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

      4.  A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.

      5.  Any person who has obtained from a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

      6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

      7.  A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

      8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the Board.

      Sec. 21.  NRS 453.541 is hereby amended to read as follows:

      453.541  The criminal sanction provided in NRS 453.011 to 453.552, inclusive, and section 1 of this act does not apply to that plant of the genus Lophophora commonly known as peyote when such drug is used as the sacrament in religious rites of any bona fide religious organization.

      Sec. 22.  NRS 453.551 is hereby amended to read as follows:

      453.551  All agents or inspectors of the Board or Division, peace officers, and the Attorney General, district attorneys and their deputies while investigating violations of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under the provisions of such sections for acts which would otherwise be unlawful under such provisions but which are reasonably necessary in the performance of their official duties.


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instruction are immune from prosecution under the provisions of such sections for acts which would otherwise be unlawful under such provisions but which are reasonably necessary in the performance of their official duties.

      Sec. 23.  NRS 453.552 is hereby amended to read as follows:

      453.552  1.  Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, and section 1 of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

      2.  Any violation of the provisions of NRS 453.011 to 453.551, inclusive, and section 1 of this act where no other penalty is specifically provided, is a misdemeanor.

      Sec. 24.  NRS 453.553 is hereby amended to read as follows:

      453.553  1.  In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act, any person who unlawfully sells, manufactures, delivers or brings into this state, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III or who engages in any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, and section 1 of this act is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction.

      2.  As used in this section and NRS 453.5531, 453.5532 and 453.5533:

      (a) “Each violation” includes a continuous or repetitive violation arising out of the same act.

      (b) “Sell” includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.

      (c) “Substitute” means a substance which:

             (1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and

             (2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.

      Sec. 25.  NRS 453.5531 is hereby amended to read as follows:

      453.5531  1.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.

      (b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.

      (c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.

      2.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.

      (b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.


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      (c) Not to exceed $1,000,000, if the quantity involved is 28 grams or more.

      3.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.

      (b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.

      (c) Not to exceed $1,000,000, if the quantity involved is 400 grams or more.

      4.  Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, and section 1 of this act to a civil penalty in an amount not to exceed $350,000.

      Sec. 26.  NRS 453.5533 is hereby amended to read as follows:

      453.5533  1.  A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act occurs.

      2.  Such a civil action is not barred by a prior acquittal of the defendant in a criminal action arising out of the same act, transaction or occurrence. A final judgment or decree rendered in favor of the State in any criminal proceeding arising out of the same act, transaction or occurrence estops the defendant in a subsequent civil action from denying the essential allegations of the criminal offense.

      Sec. 27.  NRS 453.570 is hereby amended to read as follows:

      453.570  The amount of a controlled substance needed to sustain a conviction of a person for an offense prohibited by the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act is that amount necessary for identification as a controlled substance by a witness qualified to make such identification.

      Sec. 28.  NRS 40.2514 is hereby amended to read as follows:

      40.2514  A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when he:

      1.  Assigns or sublets the leased premises contrary to the covenants of the lease;

      2.  Commits or permits waste thereon;

      3.  Sets up or carries on therein or thereon any unlawful business;

      4.  Suffers, permits or maintains on or about the premises any nuisance; or

      5.  Violates any of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336, therein or thereon,

and remains in possession after service upon him of 3 days’ notice to quit.

      Sec. 29.  NRS 40.254 is hereby amended to read as follows:

      40.254  Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:


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      1.  Written notice to surrender the premises must:

      (a) Be given to the tenant in accordance with the provisions of NRS 40.280;

      (b) Advise the tenant of the court that has jurisdiction over the matter; and

      (c) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the court that has jurisdiction over the matter that he is not guilty of an unlawful detainer.

      2.  The affidavit of the landlord or his agent submitted to the justice’s court or the district court must contain:

      (a) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.

      (b) The date when the tenancy or rental agreement allegedly terminated.

      (c) The date when the tenant became subject to the provisions of NRS 40.251 to 40.2516, inclusive, together with any supporting facts.

      (d) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.

      (e) A statement that the claim for relief was authorized by law.

      3.  If the tenant is found guilty of unlawful detainer as a result of his violation of any of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorney’s fees incurred by the landlord or his agent as a result of a hearing, if any, held pursuant to subsection 6 of NRS 40.253 wherein the tenant contested the eviction.

      Sec. 30.  NRS 179.1164 is hereby amended to read as follows:

      179.1164  1.  Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:

      (a) Any proceeds attributable to the commission or attempted commission of any felony.

      (b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760, 202.257, 453.301 or 501.3857.

      2.  Property may not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge, consent or willful blindness of the claimant.

      3.  Unless the owner of real property or a mobile home:

      (a) Has given the tenant notice to surrender the premises pursuant to NRS 40.254 within 90 days after the owner receives notice of a conviction pursuant to subsection 2 of NRS 453.305; or

      (b) Shows the court that he had good cause not to evict the tenant summarily pursuant to NRS 40.254,

the owner of real property or a mobile home used or intended for use by a tenant to facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by NRS 453.305 have been given in connection with another such violation relating to the property or mobile home. The holder of a lien or encumbrance on the property or mobile home is disputably presumed to have acquired his interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.


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      Sec. 31.  NRS 639.070 is hereby amended to read as follows:

      639.070  1.  The Board may:

      (a) Adopt such regulations, not inconsistent with the laws of this state, as are necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

      (b) Adopt regulations requiring that prices charged by retail pharmacies for drugs and medicines which are obtained by prescription be posted in the pharmacies and be given on the telephone to persons requesting such information.

      (c) Adopt regulations, not inconsistent with the laws of this state, authorizing the Secretary to issue certificates, licenses and permits required by this chapter and chapters 453 and 454 of NRS.

      (d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.

      (e) Regulate the practice of pharmacy.

      (f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.

      (g) Regulate the means of recordkeeping and storage, handling, sanitation and security of drugs, poisons, medicines, chemicals and devices, including, but not limited to, requirements relating to:

             (1) Pharmacies, institutional pharmacies and pharmacies in correctional institutions;

             (2) Drugs stored in hospitals; and

             (3) Drugs stored for the purpose of wholesale distribution.

      (h) Examine and register, upon application, pharmacists and other persons who dispense or distribute medications whom it deems qualified.

      (i) Charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.

      (j) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      (k) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act and enforce the provisions of this chapter and chapter 454 of NRS.

      (m) Adopt regulations concerning the information required to be submitted in connection with an application for any license, certificate or permit required by this chapter or chapter 453 or 454 of NRS.

      (n) Adopt regulations concerning the education, experience and background of a person who is employed by the holder of a license or permit issued pursuant to this chapter and who has access to drugs and devices.

      (o) Adopt regulations concerning the use of computerized mechanical equipment for the filling of prescriptions.

      (p) Participate in and expend money for programs that enhance the practice of pharmacy.

      2.  This section does not authorize the Board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.

      Sec. 32.  NRS 639.235 is hereby amended to read as follows:

      639.235  1.  No person other than a practitioner holding a license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a person not licensed to practice in this state but authorized by the laws of another state to prescribe shall be deemed to be a legal prescription unless the person prescribed or wrote the prescription in violation of the provisions of NRS 453.3611 to 453.3648, inclusive [.]


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state but authorized by the laws of another state to prescribe shall be deemed to be a legal prescription unless the person prescribed or wrote the prescription in violation of the provisions of NRS 453.3611 to 453.3648, inclusive [.] , and section 1 of this act.

      2.  If a prescription that is prescribed by a person who is not licensed to practice in this state, but is authorized by the laws of another state to prescribe, calls for a controlled substance listed in:

      (a) Schedule II, the registered pharmacist who is to fill the prescription shall establish and document that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written.

      (b) Schedule III or IV, the registered pharmacist who is to fill the prescription shall establish, in his professional judgment, that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written. This paragraph does not require the registered pharmacist to inquire into such a relationship upon the receipt of each such prescription.

      Sec. 33.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 99, SB 397

Senate Bill No. 397–Committee on Judiciary

 

CHAPTER 99

 

AN ACT relating to public safety; revising certain provisions governing registration and community notification of sex offenders and offenders convicted of a crime against a child; requiring sex offenders and offenders convicted of a crime against a child who are enrolled in or work at institutions of higher education to register with local law enforcement agencies in whose jurisdiction the institutions of higher education are located; requiring such local law enforcement agencies to notify appropriate campus police departments; providing immunity for certain entities and persons for certain acts or omissions relating to information obtained, maintained or disclosed under certain circumstances; making various other changes concerning conditions of parole and probation for certain sex offenders; and providing other matters properly relating thereto.

 

[Approved: 5/15/2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.0926 is hereby amended to read as follows:

      176.0926  1.  If a defendant is convicted of a crime against a child, the court shall, before imposing sentence:

      (a) Notify the Central Repository of the conviction of the defendant, so the Central Repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.230.

      (b) Inform the defendant of the requirements for registration, including, but not limited to:


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             (1) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.240;

             (2) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

             (3) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; [and]

             (4) The duty to notify the local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker [.] ; and

             (5) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

      (c) Require the defendant to read and sign a form confirming that the requirements for registration have been explained to him.

      2.  The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.200 to 179D.290, inclusive.

      Sec. 2.  NRS 176.0927 is hereby amended to read as follows:

      176.0927  1.  If a defendant is convicted of a sexual offense, the court shall, before imposing sentence:

      (a) Notify the Central Repository of the conviction of the defendant, so the Central Repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.450.

      (b) Inform the defendant of the requirements for registration, including, but not limited to:

             (1) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.460;

             (2) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

             (3) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; [and]

             (4) The duty to notify the local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker [.] ; and


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             (5) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

      (c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him.

      2.  The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS 179D.350 to 179D.550, inclusive.

      Sec. 3.  NRS 176A.410 is hereby amended to read as follows:

      176A.410  1.  Except as otherwise provided in subsection 3, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:

      (a) Reside at a location only if it has been approved by the parole and probation officer assigned to the defendant [;] and keep the parole and probation officer informed of his current address;

      (b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the defendant [;] and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer;

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the defendant;

      (d) Participate in and complete a program of professional counseling approved by the Division;

      (e) Submit to periodic tests, as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance;

      (f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the defendant;

      (g) Abstain from consuming, possessing or having under his control any alcohol;

      (h) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the parole and probation officer assigned to the defendant, and a written agreement is entered into and signed in the manner set forth in subsection 2;

      (i) Not use aliases or fictitious names;

      (j) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant;

      (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact;


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      (l) Unless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not be in or near:

             (1) A playground, park, school or school grounds;

             (2) A motion picture theater; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend;

      (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication;

      (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant;

      (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant; [and]

      (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant [.] ; and

      (q) Inform the parole and probation officer assigned to the defendant if the defendant expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in section 6 of this act.

      2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The defendant;

      (c) The parole and probation officer assigned to the defendant;

      (d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; and

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

      3.  The court is not required to impose a condition of probation or suspension of sentence listed in subsection 1 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      4.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.410.

      Sec. 4.  Chapter 179D of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  “Campus police department” means any campus police department or campus security department at an institution of higher education.

      Sec. 6.  “Institution of higher education” means:

      1.  A university, college or community college which is privately owned or which is part of the University and Community College System of Nevada; and


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      2.  A postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.

      Sec. 7.  NRS 179D.010 is hereby amended to read as follows:

      179D.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179D.020 to 179D.120, inclusive, and sections 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 179D.110 is hereby amended to read as follows:

      179D.110  “Student” means a person who is enrolled in and attends, on a full-time or part-time basis within this state, any course of academic or vocational instruction conducted by a public or private educational institution or school, including, but not limited to, any of the following institutions or schools:

      1.  [A university, college or community college which is privately owned or which is part of the University and Community College System of Nevada.

      2.  A postsecondary educational institution, as defined in NRS 394.099, or any other] An institution of higher education.

      [3.] 2.  A trade school or vocational school.

      [4.] 3.  A public school, as defined in NRS 385.007, or a private school, as defined in NRS 394.103.

      Sec. 9.  NRS 179D.150 is hereby amended to read as follows:

      179D.150  Except as otherwise provided in NRS 179D.530, a record of registration must include, if the information is available:

      1.  Information identifying the offender, including, but not limited to:

      (a) The name of the offender and all aliases that he has used or under which he has been known;

      (b) A complete physical description of the offender, a current photograph of the offender and the fingerprints of the offender;

      (c) The date of birth and the social security number of the offender;

      (d) The identification number from a driver’s license or an identification card issued to the offender by this state or any other jurisdiction; and

      (e) Any other information that identifies the offender.

      2.  Information concerning the residence of the offender, including, but not limited to:

      (a) The address at which the offender resides;

      (b) The length of time he has resided at that address and the length of time he expects to reside at that address;

      (c) The address or location of any other place where he expects to reside in the future and the length of time he expects to reside there; and

      (d) The length of time he expects to remain in the county where he resides and in this state.

      3.  Information concerning the offender’s occupations, employment or work or expected occupations, employment or work, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender.

      4.  Information concerning the offender’s volunteer service or expected volunteer service in connection with any activity or organization within this state, including, but not limited to, the name, address and type of each such activity or organization.

      5.  Information concerning the offender’s enrollment or expected enrollment as a student in any public or private educational institution or school within this state, including, but not limited to, the name, address and type of each such educational institution or school.


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school within this state, including, but not limited to, the name, address and type of each such educational institution or school.

      6.  Information concerning whether:

      (a) The offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education,

including, but not limited to, the name, address and type of each such institution of higher education.

      7.  The license number and a description of all motor vehicles registered to or frequently driven by the offender.

      [7.] 8.  The level of community notification assigned to the offender.

      [8.] 9.  The following information for each offense for which the offender has been convicted:

      (a) The court in which he was convicted;

      (b) The name under which he was convicted;

      (c) The name and location of each penal institution, school, hospital, mental facility or other institution to which he was committed;

      (d) The specific location where the offense was committed;

      (e) The age, the gender, the race and a general physical description of the victim; and

      (f) The method of operation that was used to commit the offense, including, but not limited to:

             (1) Specific sexual acts committed against the victim;

             (2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;

             (3) The type of injuries inflicted on the victim;

             (4) The types of instruments, weapons or objects used;

             (5) The type of property taken; and

             (6) Any other distinctive characteristic of the behavior or personality of the offender.

      Sec. 10.  NRS 179D.170 is hereby amended to read as follows:

      179D.170  Upon receiving from [the Division,] a local law enforcement agency, pursuant to NRS 179D.010 to 179D.550, inclusive:

      1.  A record of registration;

      2.  Fingerprints or a photograph of an offender;

      3.  A new address of an offender; or

      4.  Any other updated information,

the Central Repository shall immediately provide the record of registration, fingerprints, photograph, new address or updated information to the Federal Bureau of Investigation.

      Sec. 11.  NRS 179D.230 is hereby amended to read as follows:

      179D.230  1.  If the Central Repository receives notice from a court pursuant to NRS 176.0926 that an offender has been convicted of a crime against a child, the Central Repository shall:

      (a) If a record of registration has not previously been established for the offender, notify the local law enforcement agency so that a record of registration may be established; or


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      (b) If a record of registration has previously been established for the offender, update the record of registration for the offender and notify the appropriate local law enforcement agencies.

      2.  If the offender named in the notice is granted probation or otherwise will not be incarcerated or confined, the Central Repository shall immediately provide notification concerning the offender to the appropriate local law enforcement agencies and, if the offender resides in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction.

      3.  If an offender is incarcerated or confined and has previously been convicted of a crime against a child, before the offender is released:

      (a) The Department of Corrections or a local law enforcement agency in whose facility the offender is incarcerated or confined shall:

             (1) Inform the offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.240;

                   (II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

                   (III) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; [and]

                   (IV) The duty to notify the local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he most recently resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and

                   (V) The duty to notify immediately the appropriate local law enforcement agency if the offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education; and

             (2) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him and to forward the form to the Central Repository.

      (b) The Central Repository shall:

             (1) Update the record of registration for the offender; and

             (2) Provide notification concerning the offender to the appropriate local law enforcement agencies and, if the offender will reside upon release in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction.

      4.  The failure to provide an offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender to register and to comply with all other provisions for registration.


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      5.  If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing or is a student or worker within this state, the Central Repository shall:

      (a) Immediately provide notification concerning the offender to the appropriate local law enforcement agencies; and

      (b) Establish a record of registration for the offender with the assistance of the local law enforcement agency.

      Sec. 12.  NRS 179D.240 is hereby amended to read as follows:

      179D.240  1.  In addition to any other registration that is required pursuant to NRS 179D.230, each offender who, after July 1, 1956, is or has been convicted of a crime against a child shall register with a local law enforcement agency pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the offender resides or is present for 48 hours or more within:

      (a) A county; or

      (b) An incorporated city that does not have a city police department,

the offender shall be deemed a resident offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

      3.  If the offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender shall be deemed a resident offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

      4.  If the offender is a nonresident offender who is a student or worker within this state, the offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this state.

      5.  A resident or nonresident offender shall immediately notify the appropriate local law enforcement agency if:

      (a) The offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

The offender shall provide the name, address and type of each such institution of higher education.

      6.  To register with a local law enforcement agency pursuant to this section, the offender shall:

      (a) Appear personally at the office of the appropriate local law enforcement agency;

      (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and

      (c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.


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ê2003 Statutes of Nevada, Page 572 (Chapter 99, SB 397)ê

 

      [6.] 7.  When an offender registers, the local law enforcement agency shall:

      (a) Inform the offender of the duty to notify the local law enforcement agency if the offender changes the address at which he resides or changes the primary address at which he is a student or worker; and

      (b) Inform the offender of the duty to register with the local law enforcement agency in whose jurisdiction the offender relocates.

      [7.] 8.  After the offender registers with the local law enforcement agency, the local law enforcement agency shall forward to the Central Repository the information collected, including the fingerprints and a photograph of the offender.

      [8.] 9.  If the Central Repository has not previously established a record of registration for an offender described in subsection [7,] 8, the Central Repository shall:

      (a) Establish a record of registration for the offender; and

      (b) Provide notification concerning the offender to the appropriate local law enforcement agencies.

      10.  When an offender notifies a local law enforcement agency that:

      (a) The offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education,

and provides the name, address and type of each such institution of higher education, the local law enforcement agency shall immediately provide that information to the Central Repository and to the appropriate campus police department.

      Sec. 13.  NRS 179D.410 is hereby amended to read as follows:

      179D.410  “Sexual offense” means any of the following offenses:

      1.  Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

      2.  Sexual assault pursuant to NRS 200.366.

      3.  Statutory sexual seduction pursuant to NRS 200.368.

      4.  Battery with intent to commit sexual assault pursuant to NRS 200.400.

      5.  An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.

      6.  An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.

      7.  Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

      8.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

      9.  Incest pursuant to NRS 201.180.

      10.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.


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ê2003 Statutes of Nevada, Page 573 (Chapter 99, SB 397)ê

 

      11.  Open or gross lewdness pursuant to NRS 201.210.

      12.  Indecent or obscene exposure pursuant to NRS 201.220.

      13.  Lewdness with a child pursuant to NRS 201.230.

      14.  Sexual penetration of a dead human body pursuant to NRS 201.450.

      15.  Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

      16.  Annoyance or molestation of a minor pursuant to NRS 207.260.

      17.  An attempt or conspiracy to commit an offense listed in subsections 1 to 16, inclusive.

      18.  An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      19.  An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      20.  An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      (c) A court having jurisdiction over juveniles.

      Sec. 14.  NRS 179D.450 is hereby amended to read as follows:

      179D.450  1.  If the Central Repository receives notice from a court pursuant to NRS 176.0927 that a sex offender has been convicted of a sexual offense or pursuant to NRS 62.590 that a juvenile sex offender has been deemed to be an adult sex offender, the Central Repository shall:

      (a) If a record of registration has not previously been established for the sex offender, notify the local law enforcement agency so that a record of registration may be established; or

      (b) If a record of registration has previously been established for the sex offender, update the record of registration for the sex offender and notify the appropriate local law enforcement agencies.

      2.  If the sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to NRS 62.590 and is not otherwise incarcerated or confined:

      (a) The Central Repository shall immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender resides in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction; and

      (b) If the sex offender is subject to community notification, the Central Repository shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.


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ê2003 Statutes of Nevada, Page 574 (Chapter 99, SB 397)ê

 

      3.  If a sex offender is incarcerated or confined and has previously been convicted of a sexual offense as described in NRS 179D.410, before the sex offender is released:

      (a) The Department of Corrections or a local law enforcement agency in whose facility the sex offender is incarcerated or confined shall:

             (1) Inform the sex offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.460;

                   (II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

                   (III) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction; [and]

                   (IV) The duty to notify the local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and

                   (V) The duty to notify immediately the appropriate local law enforcement agency if the sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education; and

             (2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him and to forward the form to the Central Repository.

      (b) The Central Repository shall:

             (1) Update the record of registration for the sex offender;

             (2) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive; and

             (3) Provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender will reside upon release in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction.

      4.  The failure to provide a sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.

      5.  If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing or is a student or worker within this state, the Central Repository shall:


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ê2003 Statutes of Nevada, Page 575 (Chapter 99, SB 397)ê

 

      (a) Immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies;

      (b) Establish a record of registration for the sex offender; and

      (c) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      Sec. 15.  NRS 179D.460 is hereby amended to read as follows:

      179D.460  1.  In addition to any other registration that is required pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or has been convicted of a sexual offense shall register with a local law enforcement agency pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the sex offender resides or is present for 48 hours or more within:

      (a) A county; or

      (b) An incorporated city that does not have a city police department,

the sex offender shall be deemed a resident sex offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

      3.  If the sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the sex offender shall be deemed a resident sex offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

      4.  If the sex offender is a nonresident sex offender who is a student or worker within this state, the sex offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this state.

      5.  A resident or nonresident sex offender shall immediately notify the appropriate local law enforcement agency if:

      (a) The sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

The sex offender shall provide the name, address and type of each such institution of higher education.

      6.  To register with a local law enforcement agency pursuant to this section, the sex offender shall:

      (a) Appear personally at the office of the appropriate local law enforcement agency;

      (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and

      (c) Sign and date the record of registration or some other proof of registration of the local law enforcement agency in the presence of an officer of the local law enforcement agency.


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ê2003 Statutes of Nevada, Page 576 (Chapter 99, SB 397)ê

 

      [6.] 7.  When a sex offender registers, the local law enforcement agency shall:

      (a) Inform the sex offender of the duty to notify the local law enforcement agency if the sex offender changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and [;]

      (b) Inform the sex offender of the duty to register with the local law enforcement agency in whose jurisdiction the sex offender relocates.

      [7.] 8.  After the sex offender registers with the local law enforcement agency, the local law enforcement agency shall forward to the Central Repository the information collected, including the fingerprints and a photograph of the sex offender.

      [8.] 9.  If the Central Repository has not previously established a record of registration for a sex offender described in subsection [7,] 8, the Central Repository shall:

      (a) Establish a record of registration for the sex offender;

      (b) Provide notification concerning the sex offender to the appropriate local law enforcement agencies; and

      (c) If the sex offender is subject to community notification and has not otherwise been assigned a level of notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

      10.  When a sex offender notifies a local law enforcement agency that:

      (a) The sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education,

and provides the name, address and type of each such institution of higher education, the local law enforcement agency shall immediately provide that information to the Central Repository and to the appropriate campus police department.

      Sec. 16.  NRS 179D.620 is hereby amended to read as follows:

      179D.620  “Sexual offense” means any of the following offenses:

      1.  Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

      2.  Sexual assault pursuant to NRS 200.366.

      3.  Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony.

      4.  Battery with intent to commit sexual assault pursuant to NRS 200.400.

      5.  An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.

      6.  An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.


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ê2003 Statutes of Nevada, Page 577 (Chapter 99, SB 397)ê

 

      7.  Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony.

      8.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

      9.  Incest pursuant to NRS 201.180.

      10.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony.

      11.  Open or gross lewdness pursuant to NRS 201.210, if punished as a felony.

      12.  Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony.

      13.  Lewdness with a child pursuant to NRS 201.230.

      14.  Sexual penetration of a dead human body pursuant to NRS 201.450.

      15.  Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

      16.  Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony.

      17.  An attempt or conspiracy to commit an offense listed in subsections 1 to 16, inclusive, if punished as a felony.

      18.  An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      19.  An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      20.  An offense of a sexual nature committed in another jurisdiction and punished as a felony, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      (c) A court having jurisdiction over juveniles.

      Sec. 17.  NRS 179D.710 is hereby amended to read as follows:

      179D.710  1.  The Attorney General shall consult with the Advisory Council for Community Notification and shall establish guidelines and procedures for community notification pursuant to NRS 179D.600 to 179D.800, inclusive.

      2.  The guidelines and procedures established by the Attorney General must be designed to promote, to the extent practicable, the uniform application of the provisions of NRS 179D.600 to 179D.800, inclusive.

      3.  The provisions of NRS 179D.600 to 179D.800, inclusive, must not be construed to prevent [law] :

      (a) Law enforcement officers from providing the public with notification concerning persons who pose a threat to the safety of the public.


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ê2003 Statutes of Nevada, Page 578 (Chapter 99, SB 397)ê

 

      (b) A campus police department from providing the campus community with notification concerning persons who pose a threat to the safety of the campus community.

      Sec. 18.  NRS 179D.850 is hereby amended to read as follows:

      179D.850  1.  Information that is disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.

      2.  A law enforcement agency and its officers and employees , the Central Repository and its officers and employees, and a campus police department and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained, maintained or disclosed pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:

      (a) The accuracy of information in a record of registration; or

      (b) The disclosure of or the failure to disclose information pursuant to the provisions of this chapter.

      Sec. 19.  NRS 213.1245 is hereby amended to read as follows:

      213.1245  1.  Except as otherwise provided in subsection 3, if the Board releases on parole a prisoner convicted of an offense listed in NRS 179D.620, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

      (a) Reside at a location only if it has been approved by the parole and probation officer assigned to the parolee [;] and keep the parole and probation officer informed of his current address;

      (b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee [;] and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer;

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee;

      (d) Participate in and complete a program of professional counseling approved by the Division;

      (e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance;

      (f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee;

      (g) Abstain from consuming, possessing or having under his control any alcohol;

      (h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2;

      (i) Not use aliases or fictitious names;

      (j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee;

      (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in NRS 179D.410 is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact;


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ê2003 Statutes of Nevada, Page 579 (Chapter 99, SB 397)ê

 

      (l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not be in or near:

             (1) A playground, park, school or school grounds;

             (2) A motion picture theater; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend;

      (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication;

      (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee;

      (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee; [and]

      (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee [.] ; and

      (q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in section 6 of this act.

      2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The parolee;

      (c) The parole and probation officer assigned to the parolee;

      (d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; and

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

      3.  The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      Sec. 20.  This act becomes effective upon passage and approval.

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