Link to Page 294

 

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ê2005 Statutes of Nevada, Page 295ê

 

CHAPTER 102, AB 68

Assembly Bill No. 68–Committee on Commerce and Labor

 

CHAPTER 102

 

AN ACT relating to taxation; authorizing the Department of Taxation to refuse to issue or renew certain licenses or permits if the applicant for the license or permit is liable to the Department for the payment of money; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Department may refuse to issue or renew any license or permit it is authorized to issue pursuant to the provisions of this title if the applicant for the license or permit:

      1.  Is delinquent in the payment of any tax or fee administered by the Department;

      2.  Has not paid a deficiency determination;

      3.  Is in default on a payment required pursuant to a written agreement with the Department; or

      4.  Is otherwise liable to the Department for the payment of money, including, without limitation, any penalties or interest owed on any other obligation to the Department.

      Sec. 2.  NRS 372.135 is hereby amended to read as follows:

      372.135  1.  [After] Except as otherwise provided in NRS 372.145 and section 1 of this act, after compliance with NRS 372.125, 372.130 and 372.510 by the applicant, the Department shall:

      (a) Grant and issue to each applicant a separate permit for each place of business within the State.

      (b) Provide the applicant with a full, written explanation of the liability of the applicant for the collection and payment of the taxes imposed by this chapter. The explanation required by this paragraph:

             (1) Must include the procedures for the collection and payment of the taxes that are specifically applicable to the type of business conducted by the applicant, including, without limitation and when appropriate:

                   (I) An explanation of the circumstances under which a service provided by the applicant is taxable;

                   (II) The procedures for administering exemptions; and

                   (III) The circumstances under which charges for freight are taxable.

             (2) Is in addition to, and not in lieu of, the instructions and information required to be provided by NRS 360.2925.

      2.  A permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated on it. It must at all times be conspicuously displayed at the place for which it is issued.

 


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ê2005 Statutes of Nevada, Page 296 (Chapter 102, AB 68)ê

 

      Sec. 3.  NRS 374.140 is hereby amended to read as follows:

      374.140  1.  [After] Except as otherwise provided in NRS 374.150 and section 1 of this act, after compliance with NRS 374.130, 374.135 and 374.515 by the applicant, the Department shall:

      (a) Grant and issue to each applicant a separate permit for each place of business within the county.

      (b) Provide the applicant with a full, written explanation of the liability of the applicant for the collection and payment of the taxes imposed by this chapter. The explanation required by this paragraph:

             (1) Must include the procedures for the collection and payment of the taxes that are specifically applicable to the type of business conducted by the applicant, including, without limitation and when appropriate:

                   (I) An explanation of the circumstances under which a service provided by the applicant is taxable;

                   (II) The procedures for administering exemptions; and

                   (III) The circumstances under which charges for freight are taxable.

             (2) Is in addition to, and not in lieu of, the instructions and information required to be provided by NRS 360.2925.

      2.  A permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. A permit must at all times be conspicuously displayed at the place for which it is issued.

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CHAPTER 103, AB 163

Assembly Bill No. 163–Committee on Commerce and Labor

 

CHAPTER 103

 

AN ACT relating to taxation; revising provisions governing reporting and certification of gross yield and claimed net proceeds of minerals extracted for purposes of taxing such proceeds; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 362.110 is hereby amended to read as follows:

      362.110  1.  Every person extracting any mineral in this State or receiving any royalty:

      (a) Shall, on or before February 16 of each year, file with the Department a statement showing the gross yield and claimed net proceeds from each geographically separate operation where a mineral is extracted by that person during the calendar year immediately preceding the year in which the statement is filed.

      (b) May have up to 30 days after filing the statement required by paragraph (a) to file an amended statement . [, if beforehand he submits a written application to the Department and the Department finds good cause to allow the amendment of the statement.]

      2.  The statement must:

 


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ê2005 Statutes of Nevada, Page 297 (Chapter 103, AB 163)ê

 

      (a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. The deductions are limited to the costs incurred during the calendar year immediately preceding the year in which the statement is filed.

      (b) Be in the form prescribed by the Department.

      (c) Be verified by the manager, superintendent, secretary or treasurer of the corporation, or by the owner of the operation, or, if the owner is a natural person, by someone authorized in his behalf.

      3.  Each recipient of a royalty as described in subsection 1 shall annually file with the Department a list showing each of the lessees responsible for taxes due in connection with the operation or operations included in the statement filed pursuant to subsections 1 and 2.

      Sec. 2.  NRS 362.130 is hereby amended to read as follows:

      362.130  1.  When the Department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and shall send a copy to the owner of the mine, operator of the mine or recipient of the royalty, as the case may be.

      2.  The certificate must be prepared and mailed not later than :

      (a) April 20 immediately following the month of February during which the statement was filed [.] ; or

      (b) April 30 immediately thereafter if an amended statement is filed in a timely manner.

      3.  The tax due as indicated in the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.

      4.  If an overpayment was made, the overpayment may be credited toward the payment due on May 10 of the next calendar year. If the certificate prepared pursuant to this section shows a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.

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ê2005 Statutes of Nevada, Page 298ê

 

CHAPTER 104, AB 503

Assembly Bill No. 503–Committee on Commerce and Labor

 

CHAPTER 104

 

AN ACT relating to taxation; extending the period during which the Department of Taxation may issue a deficiency determination concerning the liability for taxes owed by a taxpayer who files a claim for a refund for the overpayment of taxes; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any other provision of law, if a taxpayer files a claim for a refund for the overpayment of any tax which the Department is required to collect pursuant to this title, the period during which a notice of a deficiency determination must be issued by the Department pursuant to NRS 360.355 is tolled until the Department makes a determination whether the taxpayer owes any taxes for the period for which the claim for a refund is filed, or issues and personally serves or mails a notice of a deficiency determination to the taxpayer who files the claim for a refund, whichever occurs later.

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CHAPTER 105, SB 16

Senate Bill No. 16–Committee on Natural Resources

 

CHAPTER 105

 

AN ACT relating to petroleum products; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to expend money from the Fund for Cleaning Up Discharges of Petroleum for the cleanup of discharges involving petroleum and other discharges under certain circumstances; providing for the reimbursement of money from the Fund that is expended by the Division; deleting certain provisions that require the Secretary of the Board for the Regulation of Liquefied Petroleum Gas to provide notice to applicants and licensees before the Board adopts regulations; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 590 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any provision of NRS 590.700 to 590.920, inclusive, to the contrary, and except as otherwise provided in this section:

 


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ê2005 Statutes of Nevada, Page 299 (Chapter 105, SB 16)ê

 

      1.  The Division may expend not more than $250,000 from the Fund per year as reimbursement for necessary costs incurred by the Division in the response to and cleanup of any discharge involving petroleum, including discharges from a storage tank and discharges from a mobile tank that occur during the transportation of petroleum on roads and highways. If the discharge involving petroleum also involves the discharge of another hazardous material, the Division may expend money pursuant to this section in the cleanup of the discharge of petroleum and the other hazardous material. The Division shall not expend money from the Fund pursuant to this section to clean up discharges involving petroleum from pipelines.

      2.  Except as otherwise provided in this subsection, money from the Fund expended by the Division pursuant to this section must be used to augment, and must not be used to replace or supplant, any money available from other sources for the cleanup of discharges of petroleum, including, without limitation, reimbursements by operators required to be made to the Division pursuant to NRS 590.850 and 590.870. If no money is available from those other sources, the Division may expend money from the Fund pursuant to this section to reimburse the Division for any costs specified in subsection 1.

      3.  If the Division expends money pursuant to this section to clean up a discharge involving petroleum, the operator of the tank shall reimburse the Division for his share of the costs for cleaning up the discharge. The Division shall, upon being reimbursed by the operator of the tank pursuant to this subsection, deposit that money in the Fund.

      4.  As used in this section:

      (a) “Discharge” means any release, leaking or spilling from a tank into water or soil, unless the discharge is authorized by state or federal law.

      (b) “Operator” means a person who owns, controls or is responsible for the operation of a tank.

      (c) “Tank” means a storage tank or a mobile tank used to transport petroleum received for sale or use in this State.

      Sec. 2.  NRS 590.515 is hereby amended to read as follows:

      590.515  1.  In addition to any other regulations it is authorized or required to adopt, the Board shall adopt such other regulations as are reasonably necessary for the:

      (a) Protection of the health, welfare and safety of the public and persons using liquefied petroleum gases;

      (b) Provision of reasonable and adequate service to those persons using liquefied petroleum gases; and

      (c) Regulation of the removal of a tank from a customer’s premises and the maximum time allowable between the request and the removal. The Board shall consider the presence of fences or other physical impediments to the removal of the tank in determining reasonable exceptions to the time allowed for removal.

      2.  All regulations adopted by the Board relating to safety must be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. [The Board shall adhere to the following conditions in this regard:

      (a) The regulations] Regulations adopted by the Board relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this State and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, containers, apparatus or appliances must be just and reasonable and must conform, as nearly as possible, to the standards of the National Fire Protection Association, relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.

 


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ê2005 Statutes of Nevada, Page 300 (Chapter 105, SB 16)ê

 

use of LPG systems, containers, apparatus or appliances must be just and reasonable and must conform, as nearly as possible, to the standards of the National Fire Protection Association, relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.

      [(b) Before any regulations are adopted, the Secretary of the Board shall give at least 10 days’ notice to all applicants and licensees under NRS 590.465 to 590.645, inclusive, by mailing an accurate copy of the new, revised or amended regulations which the Board proposes to adopt together with a written notice signed by the Secretary. Any person affected is entitled to appear at the public hearing on the regulation in person and by counsel. A certificate reciting the adoption and the effective date must be signed by the members comprising a majority of the Board. Within 10 days after the adoption of the regulation the Secretary shall cause to be mailed to each applicant or licensee under NRS 590.465 to 590.645, inclusive, a true and correct copy of the regulation. A facsimile of any member’s signature may be used under this paragraph if authorized by the member.]

      3.  In addition, the Board shall adopt regulations which:

      (a) Provide for the Board, through its staff, to:

             (1) Respond to inquiries and complaints from persons who use liquefied petroleum gas;

             (2) Assist persons who use liquefied petroleum gas in obtaining liquefied petroleum gas in an emergency; and

             (3) Facilitate the resolution of disputes between licensees and their customers.

Ê The provisions of this paragraph do not impose a duty upon the Board to provide financial assistance to any person.

      (b) Provide for the hearing and mediation of complaints filed by persons who use liquefied petroleum gas. Any such hearing must be open to the public, recorded on tape and prior notice thereof must be mailed by the Board to any person who requests to receive notice of such hearings.

      (c) Require each licensee to disclose uniformly information which the Board determines is necessary to disseminate to the licensees’ customers and prospective customers. The Board may adopt forms for such disclosures, but shall also require each licensee to post its rates and, upon request, disclose by telephone its applicable rates to existing and potential customers who so inquire.

      Sec. 3.  NRS 590.700 is hereby amended to read as follows:

      590.700  As used in NRS 590.700 to 590.920, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 590.710 to 590.800, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 590.830 is hereby amended to read as follows:

      590.830  1.  The Fund for Cleaning Up Discharges of Petroleum is hereby created as a special revenue fund in the State Treasury. The Division shall administer the Fund for the purposes prescribed in NRS 590.700 to 590.920, inclusive, and section 1 of this act, and the Board shall adopt appropriate regulations for the investigation and payment of claims against the Fund. The Board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.

 


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ê2005 Statutes of Nevada, Page 301 (Chapter 105, SB 16)ê

 

      2.  The expenses incurred by the Division in performing its duties pursuant to NRS 590.700 to 590.920, inclusive, and section 1 of this act are a charge against the Fund. The interest earned on money in the Fund must be credited to the Fund.

      3.  The Board shall transmit a copy of any resolution that the Board has adopted in carrying out its duties pursuant to this section to the Legislative Counsel within 5 working days after the adoption of the resolution for inclusion in the Register of Administrative Regulations published pursuant to NRS 233B.0653.

      Sec. 5.  NRS 590.850 is hereby amended to read as follows:

      590.850  1.  Except as otherwise provided in subsection 2, the Division shall collect for deposit in the Fund an annual fee not to exceed $100, set by the Board, for the registration of each storage tank.

      2.  No fee is to be collected, and no registration is required, with respect to a storage tank used to store heating oil for consumption on the same premises where the oil is stored, or a storage tank operated by a person not required to pay the fee for petroleum produced in or imported into this State.

      3.  The operator of a storage tank required to be registered pursuant to this section who fails to register that tank or to pay the annual fee when required shall reimburse the Division for any expense incurred by the Division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person. If, in cleaning up the discharge from that storage tank, the Division expends money from the Fund in accordance with section 1 of this act, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.

      Sec. 6.  NRS 590.870 is hereby amended to read as follows:

      590.870  1.  The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every discharge from that tank of which he is aware or has reason to believe has occurred. The Division shall undertake or contract for cleaning up the discharge unless the operator or another person is already acting properly to clean it up. If the Division cleans up the discharge, the operator shall reimburse the Division for his share of the costs. If, in cleaning up the discharge, the Division expends money from the Fund in accordance with section 1 of this act, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.

      2.  Each operator who is required or who chooses to register a tank must, unless the tank has been tested for tightness under the federal standards embodied in 40 C.F.R. § 280.43c since July 1, 1988, test the tank pursuant to those standards before it is eligible for the coverage provided by NRS 590.880 and 590.890.

      Sec. 7.  NRS 590.920 is hereby amended to read as follows:

      590.920  1.  [The] Except as otherwise specifically provided in section 1 of this act, the provisions of NRS 590.850 to 590.910, inclusive, do not apply to any tank which:

      (a) Contains petroleum being transported through this State in interstate commerce, but do apply to a tank being used to store petroleum received for sale or use in this State;

 


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ê2005 Statutes of Nevada, Page 302 (Chapter 105, SB 16)ê

 

      (b) Contains fuel for jet or turbine-powered aircraft, or is above ground and has a capacity of 30,000 gallons or less, unless in either case the operator complies with subsection 2; or

      (c) Is above ground and has a capacity of more than 30,000 gallons.

      2.  The operator of a tank exempted by paragraph (b) of subsection 1 may obtain the coverage provided by NRS 590.880 and 590.890 by applying to the Board, paying the fee set pursuant to NRS 590.850 for its registration, and, if the tank is used to store fuel for jet or turbine-powered aircraft, reporting monthly the number of gallons of fuel put into the tank and paying the fee required by NRS 590.840. Coverage pursuant to this subsection begins 6 months after the tank is registered and the required fee first paid.

      Sec. 8.  This act becomes effective on July 1, 2005.

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CHAPTER 106, SB 90

Senate Bill No. 90–Committee on Finance

 

CHAPTER 106

 

AN ACT making a supplemental appropriation to the Department of Human Resources for unanticipated operating expenses for Fiscal Year 2004-2005 at the emergency hospital annex at the Desert Regional Center and for an unanticipated shortfall in revenue for Fiscal Year 2004-2005 for rural clinics; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Human Resources the sum of $2,893,433 to be allocated as follows:

For unanticipated operating expenses for Fiscal Year 2004-2005 at the emergency hospital annex at the Desert Regional Center.................................................................... $2,410,118

For an unanticipated shortfall in revenue for Fiscal Year 2004-2005 for rural clinics              $483,315

      2.  The appropriation made by subsection 1 is supplemental to that made by section 19 of chapter 327, Statutes of Nevada 2003, at page 1834.

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

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ê2005 Statutes of Nevada, Page 303ê

 

CHAPTER 107, SB 136

Senate Bill No. 136–Committee on Judiciary

 

CHAPTER 107

 

AN ACT relating to the Interstate Compact for Jurisdiction on the Colorado River; revising the provisions of the Compact to grant certain law enforcement officers concurrent jurisdiction to arrest offenders for prohibited conduct in certain circumstances; providing that certain claims brought against officers or employees of a party state or agency or political subdivision of a party state are subject to the conditions and limitations on civil actions established by the party state of that officer or employee; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 171.079 is hereby amended to read as follows:

      171.079  The Interstate Compact for Jurisdiction on the Colorado River is as follows:

 

ARTICLE I—Purpose and Policy

 

      1.  The legislature finds that law enforcement has been impaired in sections of the Colorado River forming an interstate boundary because of difficulty in determining precisely where a criminal act was committed.

      2.  The legislature intends that a person committing an act which is illegal in both states not be freed merely because neither state could establish that a crime was committed within its boundaries.

      3.  The Interstate Compact for Jurisdiction on the Colorado River is enacted to provide for enforcement of the laws of this state with regard to certain acts committed on the Colorado River, or any lake formed by or a part of the Colorado River, on either side of the boundary line with an adjoining state.

 

ARTICLE II—Definitions

 

      As used in this compact, unless the context otherwise requires, “party state” means a state which has enacted this compact.

 

ARTICLE III—Concurrent Jurisdiction

 

      1.  If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where the Colorado River, or any lake formed by or a part of the Colorado River, forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states [.] and concurrent jurisdiction to arrest offenders for the prohibited conduct committed on any land mass within 5 air miles of the Colorado River or any lake formed by or a part of the Colorado River.

 


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ê2005 Statutes of Nevada, Page 304 (Chapter 107, SB 136)ê

 

within 5 air miles of the Colorado River or any lake formed by or a part of the Colorado River.

      2.  This compact does not authorize:

      (a) Prosecution of any person for conduct which is lawful in the state where it was committed.

      (b) Any conduct prohibited by a party state.

      3.  If any claim, including a counterclaim or cross-claim, is brought in a civil action which is filed in a party state and which is:

      (a) Brought against a present or former officer or employee of another party state or an agency or political subdivision of that other party state; and

      (b) Based on any alleged act or omission that is related to his official duties or employment and conducted under the authority of this compact,

Ê the claim is subject to the conditions and limitations on civil actions, including, without limitation, the provisions regarding sovereign immunity, established by the party state in which that officer or employee is or was an officer or employee.

 

ARTICLE IV—Ratification

 

      This compact is ratified by enactment of the language of this compact, or substantially similar language expressing the same purpose, by at least two states of which the Colorado River forms a common boundary.

      Sec. 2.  The Governor shall notify the appropriate officers in the states that are a party to the Interstate Compact for Jurisdiction on the Colorado River of the amendment and ratification by this State of that compact.

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CHAPTER 108, SB 3

Senate Bill No. 3–Committee on Commerce and Labor

 

CHAPTER 108

 

AN ACT relating to public utilities; revising civil penalties for violations involving certain pipelines; clarifying the application of certain provisions relating to railroads; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.595 is hereby amended to read as follows:

      704.595  1.  Any person who violates any provision of any regulation adopted by the Commission in conformity with the Natural Gas Pipeline Safety Act of 1968 [(] , as amended, 49 U.S.C. §§ [1671] 60101 et seq. , [)] or with a federal regulation adopted pursuant thereto , shall be subject to a civil penalty not to exceed [$10,000] $100,000 for each violation for each day that the violation persists, but the maximum civil penalty must not exceed [$500,000] $1,000,000 for any related series of violations. Unless compromised, the amount of any such civil penalty must be determined by a court of competent jurisdiction.

 


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ê2005 Statutes of Nevada, Page 305 (Chapter 108, SB 3)ê

 

      2.  Any civil penalty may be compromised by the Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.

      3.  The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum owing by the State to the person charged or may be recovered in a civil action in any court of competent jurisdiction.

      Sec. 2.  Chapter 705 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The provisions of this chapter do not apply to an individual, company or corporation operating a railroad in this State to the extent that such a provision is:

      (a) Preempted, either expressly or by implication, by a federal law or an administrative regulation, rule, decision, opinion or order having the force of a federal law; or

      (b) Declared to be preempted by a court of competent jurisdiction interpreting a federal law or an administrative regulation, rule, decision, opinion or order having the force of a federal law.

      2.  If a provision of this chapter is preempted, the provision is suspended and must not be enforced against the individual, company or corporation operating the railroad only for the period during which the preemption is valid and effective.

      3.  This section is intended only to codify the rules of construction applicable to the federal doctrine of preemption and must not be interpreted in a manner that is inconsistent with those rules.

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CHAPTER 109, SB 442

Senate Bill No. 442–Committee on Judiciary

 

CHAPTER 109

 

AN ACT relating to the Commission on Judicial Discipline; requiring the appointment of two justices of the peace or two municipal judges for formal, public proceedings against such justices or judges; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 1.440 is hereby amended to read as follows:

      1.440  1.  The Commission has exclusive jurisdiction over the censure, removal, involuntary retirement and other discipline of judges which is coextensive with its jurisdiction over justices of the Supreme Court and must be exercised in the same manner and under the same rules.

      2.  The Supreme Court [may] shall appoint two justices of the peace or two municipal judges to sit on the Commission for formal, public proceedings against a justice of the peace or a municipal judge, respectively.


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ê2005 Statutes of Nevada, Page 306 (Chapter 109, SB 442)ê

 

Justices of the peace [or] and municipal judges so appointed must be designated by an order of the Supreme Court to sit for such proceedings in place of and to serve for the same terms as the regular members of the Commission appointed by the Supreme Court.

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CHAPTER 110, SB 27

Senate Bill No. 27–Senator Wiener

 

CHAPTER 110

 

AN ACT relating to juries; revising the provisions governing the selection of alternate jurors in criminal trials; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 175.061 is hereby amended to read as follows:

      175.061  1.  The court may direct that not more than [four] six jurors in addition to the regular jury be called and impaneled to sit as alternate jurors.

      2.  Alternate jurors , in the order in which they [are] were called , shall replace jurors who become unable or disqualified to perform their duties.

      [2.] 3.  Alternate jurors shall:

      (a) Be drawn in the same manner;

      (b) Have the same qualifications;

      (c) Be subject to the same examination and challenges;

      (d) Take the same oath; and

      (e) Have the same functions, powers, facilities and privileges, as the regular jurors.

      [3.] 4.  If an alternate juror is required to replace a regular juror after the jury has retired to consider its verdict, the judge shall recall the jury, seat the alternate and resubmit the case to the jury.

      [4.] 5.  Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, [and] two peremptory challenges if three or four alternate jurors are to be impaneled [.] , and three peremptory challenges if five or six alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by statute may not be used against an alternate juror.

      Sec. 2.  This act becomes effective on July 1, 2005.

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ê2005 Statutes of Nevada, Page 307ê

 

CHAPTER 111, SB 21

Senate Bill No. 21–Committee on Human Resources and Education

 

CHAPTER 111

 

AN ACT relating to mental health; requiring a facility that provides services to persons who are mentally ill or mentally retarded or have related conditions to obtain input and participation of the client, the parent or guardian of the client or the legal guardian of the client under certain circumstances, in developing and modifying an individualized plan of services for the client; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 433.494 is hereby amended to read as follows:

      433.494  1.  An individualized written plan of mental health or mental retardation services or plan of services for a related condition must be developed for each client of each facility. The plan must [provide] :

      (a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the client [.] ; and

      (b) Be developed with the input and participation of:

             (1) The client, to the extent that he is able to provide input and participate; and

             (2) To the extent that the client is unable to provide input and participate, the parent or guardian of the client if the client is under 18 years of age and is not legally emancipated, or the legal guardian of a client who has been adjudicated mentally incompetent.

      2.  The plan must be kept current and must be modified , with the input and participation of the client, the parent or guardian of the client or the legal guardian of the client, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.

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

________

 

 


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ê2005 Statutes of Nevada, Page 308ê

 

CHAPTER 112, AB 292

Assembly Bill No. 292–Assemblymen Goicoechea, Marvel and Carpenter

 

CHAPTER 112

 

AN ACT relating to taxation; requiring earlier filing of statements of estimated gross yield, net proceeds and royalties by persons extracting minerals in this State; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 362.115 is hereby amended to read as follows:

      362.115  1.  In addition to the statement required by subsection 1 of NRS 362.110, each person extracting any mineral in this State shall, on or before [April] March 1 of each year, file with the Department a statement showing the estimated gross yield and estimated net proceeds from each such operation for the entire current calendar year and an estimate of all royalties that will be paid during the current calendar year.

      2.  The Department shall:

      (a) Use the statement filed pursuant to subsection 1 only to prepare estimates for use by local governments in the preparation of their budgets; and

      (b) Submit those estimates to the local governments on or before [April 25] March 15 of each year.

________

 

CHAPTER 113, AB 470

Assembly Bill No. 470–Committee on Judiciary

 

CHAPTER 113

 

AN ACT relating to criminal procedure; removing the provision which requires corroboration to prove certain crimes relating to prostitution; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 175.301 is hereby amended to read as follows:

      175.301  Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, [or for inveigling, enticing or taking away any person for the purpose of prostitution, or aiding or assisting therein,] the defendant must not be convicted upon the testimony of the person upon or with whom the offense has allegedly been committed, unless:

      1.  The testimony of that person is corroborated by other evidence; or

 


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ê2005 Statutes of Nevada, Page 309 (Chapter 113, AB 470)ê

 

      2.  The person giving the testimony is, and was at the time the crime is alleged to have taken place, a police officer or deputy sheriff who was performing his duties as such.

________

 

CHAPTER 114, AB 381

Assembly Bill No. 381–Assemblyman Hettrick

 

CHAPTER 114

 

AN ACT relating to traffic laws; authorizing the use of a single center lane when making a left-hand turn onto a highway; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.305 is hereby amended to read as follows:

      484.305  1.  If a highway has two or more clearly marked lanes for traffic traveling in one direction, vehicles must:

      (a) Be driven as nearly as practicable entirely within a single lane; and

      (b) Not be moved from that lane until the driver has given the appropriate turn signal and ascertained that such movement can be made with safety.

      2.  Upon a highway which has been divided into three clearly marked lanes , a vehicle must not be driven in the extreme left lane at any time. A vehicle on such a highway must not be driven in the center lane except:

      (a) When overtaking and passing another vehicle where the highway is clearly visible and the center lane is clear of traffic for a safe distance;

      (b) In preparation for a left turn; or

      (c) When the center lane is allocated exclusively to traffic moving in the direction in which the vehicle is proceeding and a sign is posted to give notice of such allocation.

      3.  If a highway has been designed to provide a single center lane to be used only for turning by traffic moving in both directions, the following rules apply:

      (a) A vehicle may be driven in the center turn lane only for the purpose of making a left-hand turn [.] onto or from the highway.

      (b) A vehicle must not travel more than 200 feet in a center turn lane before making a left-hand turn [.] from the highway.

      (c) A vehicle must not travel more than 50 feet in a center turn lane after making a left-hand turn onto the highway before merging with traffic.

      4.  If a highway has been designed to provide a single right lane to be used only for turning, a vehicle must:

      (a) Be driven in the right turn lane only for the purpose of making a right turn; and

      (b) While being driven in the right turn lane, not travel through an intersection.

 


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ê2005 Statutes of Nevada, Page 310 (Chapter 114, AB 381)ê

 

      5.  A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.

________

 

CHAPTER 115, AB 473

Assembly Bill No. 473–Committee on Judiciary

 

CHAPTER 115

 

AN ACT relating to child support; providing that a penalty may not be added to a delinquent installment of child support in certain circumstances when the delinquency was not caused by the responsible parent; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125B.095 is hereby amended to read as follows:

      125B.095  1.  Except as otherwise provided in this section and NRS 125B.012, if an installment of an obligation to pay support for a child which arises from the judgment of a court becomes delinquent in the amount owed for 1 month’s support, a penalty must be added by operation of this section to the amount of the installment. This penalty must be included in a computation of arrearages by a court of this State and may be so included in a judicial or administrative proceeding of another state. A penalty must not be added to the amount of the installment pursuant to this subsection if the court finds that the employer of the responsible parent or the district attorney or other public agency in this State that enforces an obligation to pay support for a child caused the payment to be delinquent.

      2.  The amount of the penalty is 10 percent per annum, or portion thereof, that the installment remains unpaid. Each district attorney or other public agency in this State undertaking to enforce an obligation to pay support for a child shall enforce the provisions of this section.

________

 

 


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ê2005 Statutes of Nevada, Page 311ê

 

CHAPTER 116, AB 89

Assembly Bill No. 89–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 116

 

AN ACT relating to elections; authorizing county clerks and city clerks to designate additional facilities at which electors may register to vote; prescribing the manner of operation of such a facility; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The county clerk may designate any building owned or leased by the county, or any portion of such a building, as a county facility at which electors may register to vote.

      2.  A county facility designated pursuant to subsection 1 must be operated as an auxiliary county facility at which voter registration is carried out in addition to being carried out at the office of the county clerk.

      3.  If the county clerk designates a county facility pursuant to subsection 1, the county clerk shall determine the hours of operation for the facility and shall, in cooperation with the Secretary of State, ensure that the facility is operated, staffed and equipped in compliance with all applicable provisions of title 24 of NRS and all other applicable provisions of state and federal law relating to the registration of electors in this State.

      Sec. 2.  NRS 293.504 is hereby amended to read as follows:

      293.504  1.  The following offices shall serve as voter registration agencies:

      (a) Such offices that provide public assistance as are designated by the Secretary of State;

      (b) Each office that receives money from the State of Nevada to provide services to persons in this State who are disabled;

      (c) The offices of the Department of Motor Vehicles;

      (d) The offices of the city and county clerks; [and]

      (e) Such other county and municipal facilities as a county clerk or city clerk may designate pursuant to section 1 or 4 of this act, as applicable; and

      (f) Such other offices as the Secretary of State deems appropriate.

      2.  Each voter registration agency shall:

      (a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;

      (b) Make applications to register to vote which may be returned by mail available to each person who applies for or receives services or assistance from the agency;

      (c) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and

      (d) Accept completed applications to register to vote.

 


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ê2005 Statutes of Nevada, Page 312 (Chapter 116, AB 89)ê

 

      3.  Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. The applications must be forwarded daily during the 2 weeks immediately preceding the fifth Sunday preceding an election. The county clerk shall accept any application to register to vote which is obtained from a voter registration agency pursuant to this section and completed by the fifth Sunday preceding an election if he receives the application not later than 5 days after that date.

      4.  The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this State to apply to register to vote at recruitment offices of the United States Armed Forces.

      Sec. 3.  NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the third Tuesday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close at 9 p.m. on the third Tuesday preceding the day of the elections.

      2.  The office of the county clerk must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

      (a) In a county whose population is less than 100,000, the office of the county clerk must be open during the last day before registration closes.

      (b) In all other counties, the office of the county clerk must be open during the last 5 days before registration closes.

      3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating [the] :

             (1) The day that registration will be closed [.] ; and

             (2) If the county clerk has designated a county facility pursuant to section 1 of this act, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      4.  The offices of the county clerk , a county facility designated pursuant to section 1 of this act and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

      5.  For the period beginning on the fifth Sunday preceding any primary or general election and ending on the third Tuesday preceding any primary or general election, an elector may register to vote only by appearing in person at the office of the county clerk [.] or, if open, a county facility designated pursuant to section 1 of this act.

      6.  A county facility designated pursuant to section 1 of this act may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of section 1 of this act.

 


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ê2005 Statutes of Nevada, Page 313 (Chapter 116, AB 89)ê

 

      Sec. 4.  Chapter 293C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The city clerk may designate any building owned or leased by the city, or any portion of such a building, as a municipal facility at which electors may register to vote.

      2.  A municipal facility designated pursuant to subsection 1 must be operated as an auxiliary municipal facility at which voter registration is carried out in addition to being carried out at the office of the city clerk.

      3.  If the city clerk designates a municipal facility pursuant to subsection 1, the city clerk shall determine the hours of operation for the facility and shall, in cooperation with the Secretary of State, ensure that the facility is operated, staffed and equipped in compliance with all applicable provisions of title 24 of NRS and all other applicable provisions of state and federal law relating to the registration of electors in this State.

      Sec. 5.  NRS 293C.527 is hereby amended to read as follows:

      293C.527  1.  Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the third Tuesday preceding any primary city election or general city election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close at 9 p.m. on the third Tuesday preceding the day of the elections.

      2.  The office of the city clerk must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration before a primary city election or general city election, according to the following schedule:

      (a) In a city whose population is less than 25,000, the office of the city clerk must be open during the last 3 days before registration closes.

      (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 5 days before registration closes.

      3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The city clerk of each city shall cause a notice signed by him to be published in a newspaper having a general circulation in the city indicating [the] :

             (1) The day that registration will be closed [.] ; and

             (2) If the city clerk has designated a municipal facility pursuant to section 4 of this act, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      4.  For the period beginning on the fifth Sunday preceding any primary city election or general city election and ending on the third Tuesday preceding any primary city election or general city election, an elector may register to vote only by appearing in person at the office of the city clerk [.] or, if open, a municipal facility designated pursuant to section 4 of this act.

      5.  A municipal facility designated pursuant to section 4 of this act may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of section 4 of this act.

 


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ê2005 Statutes of Nevada, Page 314 (Chapter 116, AB 89)ê

 

      Sec. 6.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 117, AB 278

Assembly Bill No. 278–Assemblyman Hogan

 

CHAPTER 117

 

AN ACT relating to residential leases; authorizing certain persons to terminate such a lease under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 118A.340 is hereby amended to read as follows:

      118A.340  1.  [Every lease of a dwelling executed after July 1, 1977, by spouses either of whom is 60 years of age or older at the time of execution, shall, upon the death of either, terminate 30 days after written notice to the landlord of the surviving spouse’s intention to terminate, notwithstanding any contrary provisions in the lease, but a notice of intention to terminate pursuant to this section may not be submitted later than 6 months after the date of such death.

      2.  The provisions of this section apply only to spouses whose combined income does not exceed $10,000 for the calendar year preceding the death.

      3.  As used in this section, “income” means all income, from whatever source derived, including but not limited to salaries, wages, bonuses, commissions, income from self-employment, alimony, cash, public assistance and relief, the gross amount of any pensions or annuities including railroad retirement benefits, benefits received under the Federal Social Security Act, unemployment compensation benefits received under the law, realized capital gains, rentals, the gross amount of loss of time insurance benefits, life insurance benefits and proceeds, and gifts of cash or property. The word “income” does not include surplus food or other relief in kind supplied by any governmental agency or property tax assistance received by any claimant under the law or gifts of cash or property from one spouse to another.

      4.] Notwithstanding any provision in a lease of a dwelling to the contrary, if a physical or mental condition of a tenant requires the relocation of the tenant from his dwelling because of a need for care or treatment that cannot be provided in the dwelling and the tenant is 60 years of age or older or has a physical or mental disability:

      (a) That tenant may terminate the lease by giving the landlord 30 days’ written notice within 60 days after the tenant relocates; and

      (b) A cotenant of that tenant may terminate the lease by giving the landlord 30 days’ written notice within 60 days after the tenant relocates if:

             (1) The cotenant became a tenant of the dwelling before the date on which the lease was signed by the tenant who is relocating and the cotenant is 60 years of age or older or has a physical or mental disability; or

 


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ê2005 Statutes of Nevada, Page 315 (Chapter 117, AB 278)ê

 

             (2) The cotenant became a tenant of the dwelling on or after the date on which the lease was signed by the tenant who is relocating.

      2.  Notwithstanding any provision in a lease of a dwelling to the contrary, upon the death of the spouse or cotenant of:

      (a) A tenant who is 60 years of age or older; or

      (b) A tenant who has a physical or mental disability,

Ê the tenant may terminate the lease by giving the landlord 60 days’ written notice within 3 months after the death.

      3.  The written notice provided to a landlord pursuant to subsection 1 or 2 must set forth the facts which demonstrate that the tenant or cotenant is entitled to terminate the lease. If the tenant or cotenant is terminating the lease pursuant to subsection 1, the tenant or cotenant shall include reasonable verification:

      (a) Of the existence of the physical or mental condition of the tenant; and

      (b) That the physical or mental condition requires the relocation of the tenant from his dwelling because of a need for care or treatment that cannot be provided in the dwelling.

      4.  This section does not give a landlord the right to terminate a lease solely because of the death of one of the tenants.

      5.  As used in this section, “cotenant” means a tenant who, pursuant to a lease, is entitled to occupy a dwelling that another tenant who is 60 years of age or older or who has a physical or mental disability is also entitled to occupy pursuant to the same lease.

      Sec. 2.  The provisions of this act apply to any lease of a dwelling entered into, extended or renewed on or after October 1, 2005.

________

 

CHAPTER 118, AB 507

Assembly Bill No. 507–Committee on Transportation

 

CHAPTER 118

 

AN ACT relating to public safety; changing the designation of fireman to firefighter; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.504 is hereby amended to read as follows:

      484.504  1.  Except as otherwise provided in this section, a peace officer, a [fireman,] firefighter, an emergency medical technician certified pursuant to chapter 450B of NRS or an employee of a pedestrian mall, who operates a bicycle while he is on duty, is not required to comply with any provision of NRS or any ordinance of a local government relating to the operation of a bicycle while on duty if he:

      (a) Is responding to an emergency call or the peace officer is in pursuit of a suspected violator of the law; or

      (b) Determines that noncompliance with any such provision is necessary to carry out his duties.

      2.  The provisions of this section do not:

 


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ê2005 Statutes of Nevada, Page 316 (Chapter 118, AB 507)ê

 

      (a) Relieve a peace officer, [fireman,] firefighter, emergency medical technician or employee of a pedestrian mall from the duty to operate a bicycle with due regard for the safety of others.

      (b) Protect such a person from the consequences of his disregard for the safety of others.

      3.  As used in this section, “pedestrian mall” has the meaning ascribed to it in NRS 268.811.

      Sec. 2.  NRS 484.789 is hereby amended to read as follows:

      484.789  1.  The Department may issue permits for authorized emergency vehicles to vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of violators of the law. The permits must not be issued to vehicles when there are available comparable services provided by agencies referred to in NRS 484.787.

      2.  The issuance of the permits to vehicles under this section must be limited to:

      (a) Agencies designated in NRS 484.787;

      (b) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work;

      (c) Ambulances designed and operated exclusively as such; and

      (d) Supervisory vehicles which are:

             (1) Marked and used to coordinate and direct the response of ambulances to emergencies;

             (2) Privately owned by a person licensed to operate an ambulance; and

             (3) Operated under contract with a local governmental agency and at the request of its law enforcement agency or fire department.

      3.  The following are not emergency vehicles and must not be permitted to operate as such:

      (a) Tow cars;

      (b) Vehicles used by public utilities;

      (c) Vehicles used in merchant patrols;

      (d) Vehicles used in private escort service;

      (e) Privately owned vehicles of volunteer [firemen;] firefighters;

      (f) Privately owned vehicles of reserve members of a police department or a sheriff’s office; and

      (g) Vehicles of private detectives.

      Sec. 3.  NRS 41.0335 is hereby amended to read as follows:

      41.0335  1.  No action may be brought against:

      (a) A sheriff or county assessor which is based solely upon any act or omission of a deputy;

      (b) A chief of a police department which is based solely upon any act or omission of an officer of the department;

      (c) A chief of a fire department which is based solely upon any act or omission of a [fireman] firefighter or other person called to assist the department;

      (d) A member of the board of trustees of a county school district, the superintendent of schools of that school district or the principal of a school, which is based solely upon any act or omission of a person volunteering as a crossing guard; or

      (e) A chief of a local law enforcement agency which is based solely on any act or omission of a person volunteering as a crossing guard.

 


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ê2005 Statutes of Nevada, Page 317 (Chapter 118, AB 507)ê

 

      2.  This section does not:

      (a) Limit the authority of the State or a political subdivision or a public corporation of the State to bring an action on any bond or insurance policy provided pursuant to law for or on behalf of any person who may be aggrieved or wronged.

      (b) Limit or abridge the jurisdiction of any court to render judgment upon any such bond or insurance policy for the benefit of any person so aggrieved or wronged.

      Sec. 4.  NRS 41.0336 is hereby amended to read as follows:

      41.0336  A fire department or law enforcement agency is not liable for the negligent acts or omissions of its [firemen] firefighters or officers or any other persons called to assist it, nor are the individual officers, employees or volunteers thereof, unless:

      1.  The [fireman,] firefighter, officer or other person made a specific promise or representation to a natural person who relied upon the promise or representation to his detriment; or

      2.  The conduct of the [fireman,] firefighter, officer or other person affirmatively caused the harm.

Ê The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.

      Sec. 5.  NRS 41.139 is hereby amended to read as follows:

      41.139  1.  Except as otherwise provided in subsection 2, a peace officer, [fireman] firefighter or emergency medical attendant may bring and maintain an action for damages for personal injury caused by the willful act of another, or by another’s lack of ordinary care or skill in the management of his property, if the conduct causing the injury:

      (a) Occurred after the person who caused the injury knew or should have known of the presence of the peace officer, [fireman] firefighter or emergency medical attendant;

      (b) Was intended to injure the peace officer, [fireman] firefighter or emergency medical attendant;

      (c) Violated a statute, ordinance or regulation:

             (1) Intended to protect the peace officer, [fireman] firefighter or emergency medical attendant; or

             (2) Prohibiting resistance to or requiring compliance with an order of a peace officer or firefighter; or

      (d) Was arson.

      2.  This section does not impose liability on the employer of the peace officer, [fireman] firefighter or emergency medical attendant.

      3.  As used in this section:

      (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

      (b) “Peace officer” has the meaning ascribed to it in NRS 169.125.

      Sec. 6.  NRS 200.033 is hereby amended to read as follows:

      200.033  The only circumstances by which murder of the first degree may be aggravated are:

      1.  The murder was committed by a person under sentence of imprisonment.

 


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ê2005 Statutes of Nevada, Page 318 (Chapter 118, AB 507)ê

 

      2.  The murder was committed by a person who, at any time before a penalty hearing is conducted for the murder pursuant to NRS 175.552, is or has been convicted of:

      (a) Another murder and the provisions of subsection 12 do not otherwise apply to that other murder; or

      (b) A felony involving the use or threat of violence to the person of another and the provisions of subsection 4 do not otherwise apply to that felony.

Ê For the purposes of this subsection, a person shall be deemed to have been convicted at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.

      3.  The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.

      4.  The murder was committed while the person was engaged, alone or with others, in the commission of, or an attempt to commit or flight after committing or attempting to commit, any robbery, arson in the first degree, burglary, invasion of the home or kidnapping in the first degree, and the person charged:

      (a) Killed or attempted to kill the person murdered; or

      (b) Knew or had reason to know that life would be taken or lethal force used.

      5.  The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.

      6.  The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.

      7.  The murder was committed upon a peace officer or [fireman] firefighter who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or [fireman.] firefighter. For the purposes of this subsection, “peace officer” means:

      (a) An employee of the Department of Corrections who does not exercise general control over offenders imprisoned within the institutions and facilities of the Department, but whose normal duties require him to come into contact with those offenders when carrying out the duties prescribed by the Director of the Department.

      (b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out those powers.

      8.  The murder involved torture or the mutilation of the victim.

      9.  The murder was committed upon one or more persons at random and without apparent motive.

      10.  The murder was committed upon a person less than 14 years of age.

      11.  The murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of that person.

      12.  The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.

 


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ê2005 Statutes of Nevada, Page 319 (Chapter 118, AB 507)ê

 

of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.

      13.  The person, alone or with others, subjected or attempted to subject the victim of the murder to nonconsensual sexual penetration immediately before, during or immediately after the commission of the murder. For the purposes of this subsection:

      (a) “Nonconsensual” means against the victim’s will or under conditions in which the person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of his conduct, including, but not limited to, conditions in which the person knows or reasonably should know that the victim is dead.

      (b) “Sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of the victim’s body or any object manipulated or inserted by a person, alone or with others, into the genital or anal openings of the body of the victim, whether or not the victim is alive. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning.

      14.  The murder was committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person. For the purposes of this subsection, “school bus” has the meaning ascribed to it in NRS 483.160.

      15.  The murder was committed with the intent to commit, cause, aid, further or conceal an act of terrorism. For the purposes of this subsection, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 7.  NRS 209.153 is hereby amended to read as follows:

      209.153  The Assistant Director for Industrial Programs appointed pursuant to subsection 1 of NRS 209.151 is entitled to receive the same retirement benefits as police officers and [firemen] firefighters employed by public employers. For this purpose, the provisions of chapter 286 of NRS governing the retirement benefits of police officers and [firemen] firefighters apply to the Assistant Director for Industrial Programs.

      Sec. 8.  NRS 245.055 is hereby amended to read as follows:

      245.055  1.  All county employees must be paid their salaries as fixed by law, ordinance or resolution without diminution on account of any time spent away from county employment while acting as:

      (a) Volunteer [firemen] firefighters of any regular organized and recognized fire department in the protection of life or property; or

      (b) Volunteer ambulance drivers or attendants,

Ê during working hours or fractions thereof which should otherwise have been devoted to county employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

      (b) A political subdivision of this State.

 


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      Sec. 9.  NRS 245.211 is hereby amended to read as follows:

      245.211  1.  The board of county commissioners of any county may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of the county sheriff, any sheriff’s deputy or [fireman] firefighter who is disabled, to any degree, by an injury arising out of and in the course of his employment.

      2.  The board of county commissioners may adopt ordinances, rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.

      3.  If a county elects to consider implementation of a plan or program specified in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the county concerning the nature and extent of such plan, program or change. Chapter 288 of NRS applies to negotiations for this purpose.

      4.  The plan or program authorized by this section must be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      5.  The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event [shall] may the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public money, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.

      Sec. 10.  NRS 268.404 is hereby amended to read as follows:

      268.404  1.  All employees of incorporated cities which have been organized pursuant to general law or special charter must be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from city employment while acting as:

      (a) Volunteer [firemen] firefighters of any regular organized and recognized fire department in the protection of life or property; or

      (b) Volunteer ambulance drivers or attendants,

Ê during working hours or fractions thereof which should otherwise have been devoted to city employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

      (b) A political subdivision of this State.

      Sec. 11.  NRS 268.406 is hereby amended to read as follows:

      268.406  1.  The governing board of any incorporated city may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of any city police officer or [fireman] firefighter who is disabled, to any degree, by an injury arising out of and in the course of his employment.

      2.  The governing board may adopt ordinances, rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.

      3.  If an incorporated city elects to consider implementation of a plan or program specified in subsection 1 or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the city concerning the nature and extent of such plan, program or change.

 


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existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the city concerning the nature and extent of such plan, program or change. Chapter 288 of NRS applies to negotiations for this purpose.

      4.  The plan or program authorized by this section must be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      5.  The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event [shall] may the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public money, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.

      Sec. 12.  NRS 269.082 is hereby amended to read as follows:

      269.082  1.  All employees of unincorporated towns must be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from town employment while acting as:

      (a) Volunteer [firemen] firefighters of any regular organized and recognized fire department in the protection of life or property; or

      (b) Volunteer ambulance drivers or attendants,

Ê during working hours or fractions thereof which should otherwise have been devoted to town employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

      (b) A political subdivision of this State.

      Sec. 13.  NRS 281.153 is hereby amended to read as follows:

      281.153  1.  The employer of a police officer or [fireman] firefighter may establish a program that allows a police officer or [fireman] firefighter whom it employs who has suffered a catastrophe resulting in temporary total disability to elect to continue to receive his normal salary for a period of not more than 1 year in lieu of receiving the compensation for the industrial injury or occupational disease for which he is eligible pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, unless the police officer or [fireman] firefighter has made an election pursuant to NRS 281.390.

      2.  A program established pursuant to subsection 1:

      (a) Must prescribe the conditions pursuant to which a police officer or [fireman] firefighter is eligible to receive his normal salary in accordance with an election pursuant to subsection 1; and

      (b) May allow a police officer or [fireman] firefighter to return to light-duty employment or employment modified according to his physical restrictions or limitations and receive his normal salary during the period of his election pursuant to subsection 1.

      3.  Unless the employer is self-insured or a member of an association of self-insured public or private employers, the employer shall notify the insurer that provides industrial insurance for that employer of the election by a police officer or [fireman] firefighter pursuant to subsection 1. When the police officer or [fireman] firefighter is no longer eligible to receive his normal salary pursuant to such an election, the employer shall notify the insurer so that the insurer may begin paying to the police officer or [fireman] firefighter the benefits, if any, for industrial insurance for which the police officer or [fireman] firefighter is eligible.

 


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insurer so that the insurer may begin paying to the police officer or [fireman] firefighter the benefits, if any, for industrial insurance for which the police officer or [fireman] firefighter is eligible. If the employer is self-insured or a member of an association of self-insured public or private employers and the police officer or [fireman] firefighter is no longer eligible to receive his normal salary in accordance with an election pursuant to subsection 1, the employer shall begin paying the benefits, if any, for industrial insurance to which the police officer or [fireman] firefighter is entitled.

      4.  During the period in which the police officer or [fireman] firefighter elects to receive his normal salary pursuant to subsection 1, he accrues sick leave, annual leave and retirement benefits at the same rate at which he accrued such leave and benefits immediately before the election.

      5.  As used in this section:

      (a) “Catastrophe” means an illness or accident arising out of or in the course of employment which is life threatening or which will require a period of convalescence that an attending physician expects to exceed 30 days and because of which the employee is unable to perform the duties of his position.

      (b) “Police officer” has the meaning ascribed to it in NRS 617.135.

      Sec. 14.  NRS 284.180 is hereby amended to read as follows:

      284.180  1.  The Legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the Legislature relative to budgeted appropriations for salary and wage expenditures.

      2.  Credit for overtime work directed or approved by the head of an agency or his representative must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.

      3.  Except as otherwise provided in subsections 4, 6, 7 and 9, overtime is considered time worked in excess of:

      (a) Eight hours in 1 calendar day;

      (b) Eight hours in any 16-hour period; or

      (c) A 40-hour week.

      4.  [Firemen] Firefighters who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A [fireman] firefighter so assigned is entitled to receive 1/26 of his annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:

      (a) Twenty-four hours in one scheduled shift; or

      (b) Fifty-three hours average per week during one work period for those hours worked or on paid leave.

Ê The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such [firemen.] firefighters. In addition to the regular amount paid such a [fireman] firefighter for the deemed average of 56 hours per week, he is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.

      5.  The Commission shall adopt regulations to carry out the provisions of subsection 4.

 


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      6.  For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week.

      7.  Employees who are eligible under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour work schedule within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.

      8.  An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees. The affected employees are eligible for overtime only after working 40 hours in a workweek.

      9.  This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the Commission.

      10.  All overtime must be approved in advance by the appointing authority or his designee. No officer or employee, other than a director of a department or the chairman of a board, commission or similar body, may authorize overtime for himself. The chairman of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.

      11.  The Budget Division of the Department of Administration shall review all overtime worked by employees of the Executive Department to ensure that overtime is held to a minimum. The Budget Division shall report quarterly to the State Board of Examiners the amount of overtime worked in the quarter within the various agencies of the State.

      Sec. 15.  NRS 284.357 is hereby amended to read as follows:

      284.357  1.  All employees, whether in the classified or in the unclassified service of the State of Nevada, must be paid their salaries as fixed by law without diminution on account of any time spent away from state employment while acting as:

      (a) Volunteer [firemen] firefighters of any regular organized and recognized fire department in the protection of life or property;

      (b) Volunteer emergency medical technicians certified pursuant to chapter 450B of NRS;

      (c) Volunteer reserve members of a police department or a sheriff’s office; or

      (d) Volunteer ambulance drivers or attendants,

Ê during working hours or fractions thereof which should otherwise have been devoted to state employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

      (b) A political subdivision of this State.

      Sec. 16.  NRS 287.021 is hereby amended to read as follows:

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

 


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      (a) Employed by a local governmental agency that had established group insurance, a plan of benefits or medical and hospital service pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; and

      (b) Killed in the line of duty,

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

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

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

      (a) The age of 18 years; or

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

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

      Sec. 17.  NRS 287.0477 is hereby amended to read as follows:

      287.0477  1.  Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or [fireman] firefighter who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the Public Employees’ Benefits Program or another insurer or employee benefit plan approved by the Board pursuant to NRS 287.0479 if the police officer or [fireman] firefighter was a participant or would have been eligible to participate on the date of the death of the police officer or [fireman.] firefighter. If the surviving spouse or child elects to join or discontinue coverage under the Public Employees’ Benefits Program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or [fireman] firefighter within 60 days after the date of death of the police officer or [fireman.] firefighter.

      2.  Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer [fireman] firefighter who was killed in the line of duty and who was officially a member of a volunteer fire department in this State is eligible to join the Public Employees’ Benefits Program. If such a spouse or child elects to join the Public Employees’ Benefits Program, the spouse, child or legal guardian of the child must notify in writing the Board within 60 days after the date of death of the volunteer [fireman.]

 


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in writing the Board within 60 days after the date of death of the volunteer [fireman.] firefighter.

      3.  The participating public agency that employed the police officer or [fireman] firefighter shall pay the entire cost of the premiums or contributions for the Public Employees’ Benefits Program or another insurer or employee benefit plan approved by the Board pursuant to NRS 287.0479 for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the Public Employees’ Benefits Program for the surviving spouse or child who elects to join the Public Employees’ Benefits Program pursuant to subsection 2.

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

      (a) The age of 18 years; or

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

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

      Sec. 18.  NRS 288.170 is hereby amended to read as follows:

      288.170  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.

      2.  A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.

      3.  A head of a department of a local government, an administrative employee or a supervisory employee [shall] must not be a member of the same bargaining unit as the employees under his direction. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the Board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of [firemen] firefighters or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.

      4.  Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.

      5.  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board. Subject to judicial review, the decision of the Board is binding upon the local government employer and employee organizations involved. The Board shall apply the same criterion as specified in subsection 1.

 


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      6.  As used in this section, “confidential employee” means an employee who is involved in the decisions of management affecting collective bargaining.

      Sec. 19.  NRS 288.215 is hereby amended to read as follows:

      288.215  1.  As used in this section:

      (a) [“Firemen”] “Firefighters” means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the State and whose principal duties are controlling and extinguishing fires.

      (b) “Police officers” means those persons who are salaried employees of a police department or other law enforcement agency organized by a political subdivision of the State and whose principal duties are to enforce the law.

      2.  The provisions of this section apply only to [firemen] firefighters and police officers and their local government employers.

      3.  If the parties have not agreed to make the findings and recommendations of the fact finder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the fact finder’s report is submitted, submit the issues remaining in dispute to an arbitrator who must be selected in the manner provided in NRS 288.200 and have the same powers provided for fact finders in NRS 288.210.

      4.  The arbitrator shall, within 10 days after he is selected, and after 7 days’ written notice is given to the parties, hold a hearing to receive information concerning the dispute. The hearings must be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.

      5.  At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:

      (a) The parties to the dispute; or

      (b) Any interested person.

      6.  The parties to the dispute shall each pay one-half of the costs incurred by the arbitrator.

      7.  A determination of the financial ability of a local government employer must be based on all existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

      8.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.

      9.  If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

      10.  The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report his decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract.

      11.  The decision of the arbitrator must include a statement:

 


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      (a) Giving his reason for accepting the final offer that is the basis of his award; and

      (b) Specifying his estimate of the total cost of the award.

      Sec. 20.  NRS 396.545 is hereby amended to read as follows:

      396.545  1.  To the extent of legislative appropriation, the Board of Regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of:

      (a) A police officer, [fireman] firefighter or officer of the Nevada Highway Patrol who was killed in the line of duty; or

      (b) A volunteer ambulance driver or attendant who was killed while engaged as a volunteer ambulance driver or attendant,

Ê for classes taken towards satisfying the requirements of an undergraduate degree at a school within the University and Community College System of Nevada. No such payment may be made for any fee assessed after the child reaches the age of 23 years.

      2.  There is hereby created in the State Treasury a Trust Fund for the Education of Dependent Children. The Board of Regents shall administer the Trust Fund. The Board of Regents may accept gifts and grants for deposit in the Trust Fund. All money held by the State Treasurer or received by the Board of Regents for that purpose must be deposited in the Trust Fund. The money in the Trust Fund must be invested as the money in other state funds is invested. After deducting all applicable charges, all interest and income earned on the money in the Trust Fund must be credited to the Trust Fund.

      3.  As used in this section:

      (a) [“Fireman”] “Firefighter” means a person who is a salaried employee or volunteer member of a fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires.

      (b) “Local government” means a county, city, unincorporated town or metropolitan police department.

      (c) “Police officer” means a person who is a salaried employee of a police department or other law enforcement agency organized or operated by a local government and whose principal duty is to enforce the law.

      (d) “Volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

             (1) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

             (2) A political subdivision of this State.

      Sec. 21.  NRS 439.255 is hereby amended to read as follows:

      439.255  1.  The State Board of Health shall adopt by regulation the types of portable manual masks and face shields that are approved by the Board to assist in the prevention of the spread of communicable diseases during the administration of cardiopulmonary resuscitation. An approved mask or face shield may not weigh more than 1 pound.

      2.  Except as otherwise provided in subsection 3, every employer shall, without charge to the peace officer or [fireman,] firefighter, provide each peace officer, whether or not he is on duty, and each [fireman] firefighter who is on duty, whether paid or voluntary, with:

      (a) A portable manual mask and face shield approved by the Board; and

      (b) Initial training and instruction in the use of the equipment.

 


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Ê The mask, shield and training must be provided not later than 30 days after the first day of employment. The employer shall provide refresher courses in the use of the equipment when necessary.

      3.  An employer may apply to the Health Division for a waiver of the requirements of subsection 2 with regard to each peace officer or [fireman] firefighter who, in the normal course of his employment, is not likely ever to administer cardiopulmonary resuscitation. The application must be in writing, specify the reasons why the employee is not likely in the normal course of his employment ever to administer cardiopulmonary resuscitation and be sworn to by the employer or his authorized representative. The Health Division shall grant or deny the waiver based on the information contained in the application.

      4.  A waiver granted pursuant to subsection 3 expires upon any change in the duties of the peace officer or [fireman which make] firefighter which makes it likely that he will administer cardiopulmonary resuscitation at some time in the normal course of his employment. The date of the change in duties shall be deemed to be the first day of employment for purposes of subsection 2.

      5.  An injury or illness which results from the use of a mask or shield by a peace officer or [fireman] firefighter pursuant to subsection 2 may not be considered as negligence or as causation in any civil action brought against a peace officer or [fireman] firefighter or his employer.

      6.  As used in this section:

      (a) “Employer” means any person who employs or provides equipment to a [fireman] firefighter or peace officer, including the State of Nevada and its political subdivisions.

      (b) “Peace officer” means:

             (1) Sheriffs of counties and of metropolitan police departments and their deputies;

             (2) Personnel of the Nevada Highway Patrol when exercising the police powers specified in NRS 480.330 and 480.360; and

             (3) Marshals and policemen of cities and towns.

      Sec. 22.  NRS 441A.195 is hereby amended to read as follows:

      441A.195  1.  A law enforcement officer, correctional officer, emergency medical attendant, [fireman] firefighter or any other person who is employed by an agency of criminal justice who may have been exposed to a contagious disease while performing his official duties, or the employer of such a person, may petition a court for an order requiring the testing of a person for exposure to the human immunodeficiency virus and the hepatitis B surface antigen if the person may have exposed the officer, medical attendant, [fireman] firefighter or other person employed by an agency of criminal justice to a contagious disease.

      2.  When possible, before filing a petition pursuant to subsection 1, the person or employer petitioning shall submit information concerning the possible exposure to a contagious disease to the designated health care officer for the employer , or [,] if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases, for verification that there was substantial exposure. Each designated health care officer or person designated by an employer to document and verify possible exposure to contagious diseases shall establish guidelines based on current scientific information to determine substantial exposure.

 


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      3.  A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to believe that a possible transfer of blood or other bodily fluids occurred between the person who filed the petition or on whose behalf the petition was filed and the person who possibly exposed him to a contagious disease. If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred, the court shall order the person who possibly exposed the petitioner to a contagious disease to submit two specimens of blood to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus and the hepatitis B surface antigen. The local hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test in the manner set forth in NRS 629.069.

      4.  The employer of a person who files a petition or on whose behalf a petition is filed pursuant to this section or the insurer of the employer shall pay the cost of performing the test pursuant to subsection 3.

      5.  As used in this section:

      (a) “Agency of criminal justice” has the meaning ascribed to it in NRS 179A.030.

      (b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

      Sec. 23.  NRS 441A.220 is hereby amended to read as follows:

      441A.220  All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except as follows:

      1.  For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.

      2.  In a prosecution for a violation of this chapter.

      3.  In a proceeding for an injunction brought pursuant to this chapter.

      4.  In reporting the actual or suspected abuse or neglect of a child or elderly person.

      5.  To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the Board.

      6.  If the person who is the subject of the information consents in writing to the disclosure.

      7.  Pursuant to subsection 2 of NRS 441A.320 or NRS 629.069.

      8.  If the disclosure is made to the Department of Human Resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.

      9.  To a [fireman,] firefighter, police officer or person providing emergency medical services if the Board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the Board.

 


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      10.  If the disclosure is authorized or required by specific statute.

      Sec. 24.  NRS 450B.073 is hereby amended to read as follows:

      450B.073  [“Fireman”] “Firefighter” means a person who holds a license and is employed by or serving as a volunteer with a fire-fighting agency.

      Sec. 25.  NRS 450B.090 is hereby amended to read as follows:

      450B.090  “License” means the license issued by the health authority under the provisions of this chapter to an attendant of an ambulance or an air ambulance or to a [fireman] firefighter employed by or serving as a volunteer with a fire-fighting agency.

      Sec. 26.  NRS 450B.151 is hereby amended to read as follows:

      450B.151  1.  The Committee on Emergency Medical Services, consisting of nine members appointed by the Governor, is hereby created.

      2.  Upon request of the Governor, employee associations that represent persons that provide emergency medical services, including, without limitation, physicians and nurses that provide emergency medical services, emergency medical technicians, ambulance attendants, [firemen,] firefighters, fire chiefs and employees of rural hospitals, shall submit to the Governor written nominations for appointments to the Committee.

      3.  After considering the nominations submitted pursuant to subsection 2, the Governor shall appoint to the Committee:

      (a) One member who is a physician licensed pursuant to chapter 630 or 633 of NRS and who has experience providing emergency medical services;

      (b) One member who is a registered nurse and who has experience providing emergency medical services;

      (c) One member who is a volunteer [fireman;] firefighter;

      (d) One member who is employed by a fire-fighting agency at which some of the [firemen] firefighters are employed and some serve as volunteers;

      (e) One member who is employed by an urban fire-fighting agency;

      (f) One member who is employed by or serves as a volunteer with a medical facility that is located in a rural area and that provides emergency medical services;

      (g) One member who is employed by an organization that provides emergency medical services in an air ambulance and whose duties are closely related to such emergency medical services;

      (h) One member who is employed by a privately owned entity that provides emergency medical services; and

      (i) One member who is employed by an operator of a service which is:

             (1) Provided for the benefit of the employees of an industry who become sick or are injured at the industrial site; and

             (2) Staffed by employees who are licensed attendants and perform emergency medical services primarily for the industry.

      4.  In addition to the members set forth in subsection 3, the following persons are ex officio members of the Committee:

      (a) An employee of the Health Division, appointed by the Administrator of the Health Division, whose duties relate to administration and enforcement of the provisions of this chapter;

      (b) The county health officer appointed pursuant to NRS 439.290 in each county whose population is 100,000 or more, or his designee; and

 


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      (c) A physician who is a member of a committee which consists of directors of trauma centers in this State and who is nominated by that committee.

      5.  The term of each member appointed by the Governor is 2 years, and such a member may not serve more than two consecutive terms.

      6.  The Governor shall not appoint to the Committee two persons who are employed by or volunteer with the same organization, except the Governor may appoint a person who is employed by or volunteers with the same organization of which a member who serves ex officio is an employee.

      7.  Each member of the Committee shall appoint an alternate to serve in his place if he is temporarily unable to perform the duties required of him pursuant to NRS 450B.151 to 450B.154, inclusive.

      8.  A position on the Committee that becomes vacant before the end of the term of the member must be filled in the manner prescribed by this section for the remainder of the term.

      Sec. 27.  NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health authority may issue licenses to attendants and to [firemen] firefighters employed by or serving as volunteers with a fire-fighting agency.

      2.  Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.

      3.  An applicant for a license must file with the health authority:

      (a) A current, valid certificate evidencing his successful completion of a program or course for training in emergency medical technology, if he is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.

      (b) A current valid certificate evidencing his successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical technician if he is applying for a license as a [fireman] firefighter with a fire-fighting agency.

      (c) A signed statement showing:

             (1) His name and address;

             (2) His employer’s name and address; and

             (3) A description of his duties.

      (d) Such other certificates for training and such other items as the board may specify.

      4.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

      5.  Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health authority a complete list of the licensed persons in its service.

      6.  Licensed physicians, registered nurses and licensed physician assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs advanced emergency care in an ambulance or air ambulance [must] shall perform the care in accordance with the regulations of the State Board of Nursing. A licensed physician assistant who performs advanced emergency care in an ambulance or air ambulance [must] shall perform the care in accordance with the regulations of the Board of Medical Examiners.

      7.  Each licensed physician, registered nurse and licensed physician assistant who serves as an attendant must have current certification of completion of training in:

 


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      (a) Advanced life-support procedures for patients who require cardiac care;

      (b) Life-support procedures for pediatric patients who require cardiac care; or

      (c) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.

Ê The certification must be issued by the Board of Medical Examiners for a physician or licensed physician assistant or by the State Board of Nursing for a registered nurse.

      8.  The Board of Medical Examiners and the State Board of Nursing shall issue a certificate pursuant to subsection 7 if the licensed physician, licensed physician assistant or registered nurse attends:

      (a) A course offered by a national organization which is nationally recognized for issuing such certification;

      (b) Training conducted by the operator of an ambulance or air ambulance; or

      (c) Any other course or training,

Ê approved by the Board of Medical Examiners or the State Board of Nursing, whichever is issuing the certification. The Board of Medical Examiners and the State Board of Nursing may require certification of training in all three areas set forth in subsection 7 for a licensed physician, licensed physician assistant or registered nurse who primarily serves as an attendant in a county whose population is 400,000 or more.

      Sec. 28.  NRS 450B.183 is hereby amended to read as follows:

      450B.183  1.  An applicant for the issuance or renewal of a license as an attendant or [fireman] firefighter employed by a fire-fighting agency or an emergency medical technician certificate shall submit to the health authority the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the health authority.

      3.  A license or certificate described in subsection 1 may not be issued or renewed by the health authority if the applicant:

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

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

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

 


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      Sec. 29.  NRS 450B.185 is hereby amended to read as follows:

      450B.185  1.  If the health authority receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as an attendant or [fireman] firefighter employed by a fire-fighting agency or an emergency medical technician certificate, the health authority shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the health authority receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The health authority shall reinstate a license as an attendant or [fireman] firefighter employed by a fire-fighting agency or an emergency medical technician certificate that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The health authority receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose license or certificate was suspended pays any fees imposed by the health authority for the reinstatement of a suspended license or certificate.

      Sec. 30.  NRS 450B.187 is hereby amended to read as follows:

      450B.187  An application for the issuance or renewal of a license as an attendant or [fireman] firefighter employed by a fire-fighting agency or an emergency medical technician certificate must include the social security number of the applicant.

      Sec. 31.  NRS 450B.191 is hereby amended to read as follows:

      450B.191  1.  A program of training in intermediate emergency care of a patient in urgent need of medical care or observation must be conducted by a licensed physician and approved by the health authority.

      2.  A program of training for an intermediate emergency medical technician must include an approved curriculum in intravenous therapy and the management of a passage for air to the lungs. Only a certified emergency medical technician with experience as established by the board is eligible for this training.

      3.  In order to maintain his certification, each intermediate emergency medical technician must annually:

      (a) Comply with the requirements established by the board for continuing medical education; and

      (b) Demonstrate his skills as required by regulation of the board.

      4.  The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification in intermediate emergency care. The curriculum must be at least equivalent to any curriculum prepared by the Department of Transportation as a national standard for intermediate emergency medical technicians.

      5.  A person shall not represent himself to be an intermediate emergency medical technician unless he has on file with the health authority a currently valid certificate demonstrating successful completion of the program of training required by this section.

 


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valid certificate demonstrating successful completion of the program of training required by this section.

      6.  Except as authorized by subsection 6 of NRS 450B.160, an attendant or [fireman] firefighter shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency must not offer, intermediate emergency care without fulfilling the requirements established by the board.

      Sec. 32.  NRS 450B.195 is hereby amended to read as follows:

      450B.195  1.  Only a certified emergency medical technician who is a licensed attendant or a [fireman] firefighter with experience as established by the board is eligible for training as an advanced emergency medical technician.

      2.  A program of training in advanced emergency care for advanced emergency medical technicians must be conducted by a licensed physician and approved by the health authority.

      3.  In order to maintain his certification, each advanced emergency medical technician must annually:

      (a) Comply with the requirements established by the board for continuing medical education; and

      (b) Demonstrate his skills as required by regulation of the board.

      4.  The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification in advanced emergency care. The curriculum must be at least equivalent to any curriculum prepared by the Department of Transportation as a national standard for advanced emergency medical technicians.

      5.  A person shall not represent himself to be an advanced emergency medical technician unless he has on file with the health authority a currently valid certificate evidencing his successful completion of the program of training required by this section.

      6.  Except as authorized by subsection 6 of NRS 450B.160, an attendant or [fireman] firefighter shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency must not offer, advanced emergency care without fulfilling the requirements established by the board.

      Sec. 33.  NRS 450B.197 is hereby amended to read as follows:

      450B.197  An attendant or a [fireman] firefighter who is an advanced emergency medical technician may perform any procedure and administer any drug approved by regulation of the board.

      Sec. 34.  NRS 450B.250 is hereby amended to read as follows:

      450B.250  Except as otherwise provided in this chapter, a person shall not serve as an attendant on any ambulance or air ambulance and a [fireman] firefighter shall not provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility unless he holds a currently valid license issued by the health authority under the provisions of this chapter.

      Sec. 35.  NRS 450B.850 is hereby amended to read as follows:

      450B.850  The health authority may operate training programs and may contract with others to operate training programs for ambulance attendants, ambulance service operators, [firemen,] firefighters, law enforcement officers, physicians, nurses and others in emergency first aid, emergency care and any other techniques associated with emergency care, transportation and treatment of the sick and injured and the proper operation of an ambulance service.

 


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treatment of the sick and injured and the proper operation of an ambulance service.

      Sec. 36.  NRS 451.577 is hereby amended to read as follows:

      451.577  1.  Every hospital shall establish policies and procedures to identify potential donors. The policies and procedures must require the administrator of the hospital or his representative:

      (a) To determine whether a person is a donor.

      (b) If the person is not a donor, to determine if the person is a potential donor , including the consideration of:

             (1) His religious and cultural beliefs; and

             (2) The suitability of his organs and tissues for donation.

      (c) At or near the time of death of a person identified as a potential donor, to request the person designated in subsection 1 of NRS 451.557, in the stated order of priority if persons in a prior class are not available, to consent to the gift of all or any part of the decedent’s body as an anatomical gift.

      (d) If he has actual knowledge of a contrary intent of the decedent or opposition by a person in the same class as or a prior class than a person who has consented to an anatomical gift, not to procure an anatomical gift.

      (e) If an anatomical gift is made, to notify an organization which procures organs and tissues and cooperate in the procurement of the anatomical gift.

      2.  The following persons shall make a reasonable search for a document of gift or other information identifying the bearer as a donor or as a person who has refused to make an anatomical gift:

      (a) A law enforcement officer, [fireman,] firefighter, emergency medical technician or other emergency rescuer finding a person who the searcher believes is dead or near death; and

      (b) A hospital, upon the admission of a person at or near the time of death,

Ê if there is not immediately available any other source of that information.

      3.  If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by paragraph (a) of subsection 2, and the person or body to whom it relates is taken to a hospital, the hospital must be notified of the contents and the document or other evidence must be sent to the hospital.

      4.  If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to subsection 1 of NRS 451.557 or that a patient or a person identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital, or if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.

      5.  A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but is subject to appropriate administrative sanctions.

      Sec. 37.  NRS 472.040 is hereby amended to read as follows:

      472.040  1.  The State Forester Firewarden shall:

      (a) Supervise or coordinate all forestry and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.

 


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      (b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.

      (c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

      (d) Designate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.

      (e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.

      (f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.

      (g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of [firemen] firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.

      (h) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.

      2.  The State Forester Firewarden in carrying out the provisions of this chapter may:

      (a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned.

      (b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.

      (c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.

      (d) Appoint certain paid foresters or firewardens to be arson investigators.

      (e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.

      (f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.

      (g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor.

 


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grantor. The title to the real property must be examined and approved by the Attorney General.

      (h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.

      3.  The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.

      Sec. 38.  NRS 475.070 is hereby amended to read as follows:

      475.070  1.  Every person who, at any fire:

      (a) Disobeys the lawful order of any peace officer or [fireman,] firefighter, or a member of a search and rescue organization who is under the direction of the sheriff;

      (b) Resists or interferes with any lawful effort to extinguish the fire; or

      (c) Engages in any conduct likely to interfere with the extinguishment of the fire,

Ê is guilty of a misdemeanor.

      2.  Every person who, at the scene of an emergency, other than a fire, disobeys any of the lawful orders of a peace officer or [fireman,] firefighter, or a member of a search and rescue organization who is under the direction of the sheriff, or resists or interferes with the lawful efforts of any [firemen] firefighters or company of [firemen,] firefighters, or members of a search and rescue organization who are under the direction of the sheriff, to control or handle the emergency, or conducts himself in a disorderly manner likely to interfere with the control or handling thereof, or who forbids, prevents or dissuades others from assisting to control or handle the emergency, is guilty of a misdemeanor.

      Sec. 39.  NRS 475.100 is hereby amended to read as follows:

      475.100  1.  It is unlawful for a person intentionally to give or cause to be given, or turn in or cause to be turned in, any false alarm of fire.

      2.  A person who violates any of the provisions of this section shall be punished:

      (a) If the act is malicious and another person suffers death or substantial bodily harm as a result, for a category D felony as provided in NRS 193.130.

      (b) Otherwise, for a gross misdemeanor.

      3.  This section does not apply to alarms given for practice by any chief of a fire department or by any other person properly authorized to give such alarms, nor to alarms given by a person to attract attention of police, [firemen] firefighters or other people to acts of violence, disorder or menace.

      Sec. 40.  NRS 475.115 is hereby amended to read as follows:

      475.115  1.  Any person, corporation, partnership, association or other entity who is an employer or is vested with the power to discharge or recommend the discharge of a person who serves as a volunteer [fireman] firefighter shall not deprive the person performing such service of his employment as a consequence of his action.

      2.  A person discharged in violation of subsection 1 may commence a civil action against his employer and obtain:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of lost wages and benefits; and

 


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      (d) Reasonable attorney’s fees fixed by the court.

      3.  Any applicant for employment who is, and any employee who becomes, a volunteer [fireman] firefighter must disclose that fact to his prospective or present employer, as the case may be.

      Sec. 41.  NRS 477.020 is hereby amended to read as follows:

      477.020  1.  The State Board of Fire Services, consisting of eight members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) A licensed architect;

      (b) A chief of a volunteer fire department;

      (c) A chief of a full-time, paid fire department;

      (d) A professional engineer;

      (e) The State Forester Firewarden;

      (f) A training officer of a volunteer fire department;

      (g) A training officer of a partially or fully paid fire department; and

      (h) A specialist in hazardous materials,

Ê to the Board. No member other than the State Forester Firewarden may serve for more than two consecutive terms.

      3.  The Board shall select a Chairman from among its members to serve for 1 year. The State Fire Marshal shall serve as the Secretary of the Board.

      4.  The Board may meet regularly at least twice each year or on the call of the Chairman, the Secretary or any three members.

      5.  The members of the Board, except the State Forester Firewarden, are entitled to receive a salary of $60 for each day’s attendance at a meeting of the Board.

      6.  The Board shall make recommendations to the State Fire Marshal and to the Legislature concerning necessary legislation in the field of fire fighting and fire protection. When requested to do so by the Director of the Department of Public Safety, the Board shall recommend to him not fewer than three persons for appointment as State Fire Marshal.

      7.  The Board shall advise the State Fire Marshal on matters relating to the training of [firemen.] firefighters.

      Sec. 42.  NRS 477.039 is hereby amended to read as follows:

      477.039  1.  The State Fire Marshal shall:

      (a) Furnish and administer programs for the training of [firemen;] firefighters;

      (b) Describe the programs that are available for training of [firemen] firefighters and notify fire departments of the availability of these programs;

      (c) Administer a program to certify [firemen,] firefighters, whenever requested to do so, for successful completion of a training program;

      (d) Develop a program to train instructors;

      (e) Assist other agencies and organizations to prepare and administer training programs;

      (f) Carry out the provisions of paragraphs (a) to (e), inclusive, in accordance with recommendations submitted to him by the Fire Service Standards and Training Committee and the regulations adopted by the Committee; and

      (g) Establish a regional hazardous materials training facility and furnish training programs concerning hazardous materials for emergency personnel, agencies and other persons.

      2.  The State Fire Marshal may enter into agreements for the procurement of necessary services or property, may accept gifts, grants, services or property for the training programs and may charge fees for training programs, materials or services provided.

 


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services or property for the training programs and may charge fees for training programs, materials or services provided.

      Sec. 43.  NRS 477.047 is hereby amended to read as follows:

      477.047  1.  The State Fire Marshal shall establish a mobile training team to train volunteer [firemen] firefighters to respond to incidents involving hazardous materials.

      2.  The State Fire Marshal shall have the goal of providing to all volunteer [firemen] firefighters training in compliance with the requirements for the first responder operations level set forth in 29 C.F.R. § 1910.120.

      3.  As used in this section, “hazardous material” has the meaning ascribed to it in NRS 459.7024.

      Sec. 44.  NRS 590.485 is hereby amended to read as follows:

      590.485  1.  The Board for the Regulation of Liquefied Petroleum Gas, consisting of six members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) One member who is a volunteer [fireman] firefighter in a rural area of this State.

      (b) One member who is a [fireman] firefighter employed by the fire department of a city in this State.

      (c) Two members who:

             (1) Are or have been engaged in the sale or distribution of liquefied petroleum gas in this State; and

             (2) Have a working knowledge of and actual experience in the daily operation of a business classified pursuant to the provisions of subsection 1 of NRS 590.575.

Ê Each member appointed pursuant to this paragraph may be appointed from a separate list of three nominees for appointment if such a list of nominees is provided to the Governor by the Nevada Propane Dealers Association.

      (d) Two members who are representatives of the general public.

      3.  After the initial terms, the members of the Board must be appointed to terms of 4 years.

      4.  Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the Governor.

      5.  Each member of the Board is entitled to receive a salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board.

      6.  While engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      7.  Except as otherwise provided by NRS 590.547 and 590.605, the salaries, per diem allowances and travel expenses of the members and employees of the Board must be paid out of the money of the Board, after approval by a majority of the Board.

      Sec. 45.  NRS 590.519 is hereby amended to read as follows:

      590.519  1.  The Board shall adopt regulations regarding safety for all:

      (a) Systems for the distribution of liquefied petroleum gas to nine users of liquefied petroleum gas or less;

      (b) Tanks and appliances for liquefied petroleum gas; and

      (c) Suppliers and distributors of liquefied petroleum gas to any person or any system for the distribution of liquefied petroleum gas.

      2.  The Board shall:

 


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      (a) Provide for the regular inspection of all systems, containers, apparatus and equipment for the storage, distribution, transportation, dispensing or use of liquefied petroleum gas.

      (b) Employ such qualified inspectors as are necessary to carry out the provisions of paragraph (a).

      (c) Conduct programs on safety relating to liquefied petroleum gas for volunteer [firemen] firefighters and groups of persons who use liquefied petroleum gas.

      Sec. 46.  NRS 616A.035 is hereby amended to read as follows:

      616A.035  1.  “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.

      2.  The term includes:

      (a) Medical benefits as defined by NRS 617.130;

      (b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment;

      (c) Preventive treatment administered as a precaution to a police officer or a salaried or volunteer [fireman] firefighter who:

             (1) Was exposed to a contagious disease:

                   (I) Upon battery by an offender; or

                   (II) While performing the duties of a police officer or [fireman,] firefighter,

Ê if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052; or

             (2) Tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052; and

      (d) Preventive treatment for hepatitis administered as a precaution to a police officer, full-time salaried [fireman] firefighter or emergency medical attendant employed in this State. As used in this paragraph, “police officer” means a sheriff, deputy sheriff, officer of a metropolitan police department or city policeman.

      3.  The term does not include:

      (a) Exercise equipment, a hot tub or a spa for an employee’s home;

      (b) Membership in an athletic or health club;

      (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

      (d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

      4.  As used in this section:

      (a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

      (b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

 


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      (c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

      (d) “Preventive treatment” includes, without limitation:

             (1) Tests to determine if an employee has contracted hepatitis or any other contagious disease to which he was exposed; and

             (2) If an employee tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052, such medication and chest X rays as are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      Sec. 47.  NRS 616A.145 is hereby amended to read as follows:

      616A.145  Volunteer [firemen] firefighters belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or any of his assistants in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the city, town, county or district so recognizing them, at the wage of $2,000 per month, and are entitled to the benefits of those chapters upon such city, town, county or district’s complying therewith.

      Sec. 48.  NRS 616A.150 is hereby amended to read as follows:

      616A.150  A [fireman] firefighter who is employed by a regular organized and recognized fire department, while engaged off duty in the voluntary performance of services as a [fireman] firefighter within the jurisdiction served by his department or a jurisdiction with which his department has a reciprocal agreement, is entitled to receive the benefits provided by chapters 616A to 616D, inclusive, of NRS as though he were an employee receiving the wage which he receives from his regular employer.

      Sec. 49.  NRS 616A.265 is hereby amended to read as follows:

      616A.265  1.  “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Except as otherwise provided in subsection 3, any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.

      2.  For the purposes of chapters 616A to 616D, inclusive, of NRS:

      (a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.

      (b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.

      (c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer [fireman] firefighter who was exposed to the contagious disease:

             (1) Upon battery by an offender; or

 


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             (2) While performing the duties of a police officer or [fireman,] firefighter,

Ê shall be deemed to be an injury by accident sustained by the police officer or [fireman] firefighter arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

      (d) If a police officer or a salaried or volunteer [fireman] firefighter tests positive for exposure to tuberculosis under the circumstances described in subsection 2 or 3 of NRS 616C.052, he shall be deemed to have sustained an injury by accident arising out of and in the course of his employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or [fireman.] firefighter.

      3.  Any injury sustained by an employee of a school district while engaging in an athletic or social event shall be deemed to have arisen out of and in the course of his employment, whether or not the employee received remuneration for participation in the event, if:

      (a) The event was sponsored by the school district, or the event was an extracurricular activity which was sponsored or organized by a student class, student group or student organization for an educational, recreational or charitable purpose and which was reasonably related to the employee’s job with the school district;

      (b) The employee participated in the event at the request of or with the concurrence of supervisory personnel, whether the request or concurrence was oral or written; and

      (c) The employee participated in the event to enable the event to take place or to ensure the safety and well-being of any students of the school district.

      Sec. 50.  NRS 616C.052 is hereby amended to read as follows:

      616C.052  1.  Except as otherwise provided in NRS 617.485, if a police officer or a salaried or volunteer [fireman] firefighter is exposed to a contagious disease:

      (a) Upon battery by an offender; or

      (b) While performing the duties of a police officer or [fireman,] firefighter,

Ê the employer of the police officer or [fireman] firefighter shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer or [fireman,] firefighter, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer or [fireman] firefighter was exposed.

      2.  Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to a police officer or a salaried or volunteer [fireman] firefighter after the commencement of his employment reveal that the police officer or [fireman] firefighter tested positive for exposure to tuberculosis, the police officer or [fireman] firefighter is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

 


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616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

      3.  Except as otherwise provided in NRS 617.485, if the employment of a police officer or a salaried or volunteer [fireman] firefighter is terminated, voluntarily or involuntarily, the employer of the police officer or [fireman] firefighter shall:

      (a) At the time of termination and at 3 months after the date of termination, provide to the police officer or [fireman] firefighter a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer or [fireman] firefighter previously submitted to such a test and tested positive for exposure to tuberculosis. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer or [fireman] firefighter tested positive for exposure to tuberculosis, the police officer or [fireman] firefighter is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

      (b) Within 30 days after the date of termination and at 6 and 12 months after the date of termination, provide to the police officer or [fireman] firefighter a blood test or other appropriate test to screen for other contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C and human immunodeficiency virus. If a blood test or other appropriate test administered pursuant to this paragraph and provided to the employer reveals that the police officer or [fireman] firefighter has any other contagious disease or the antibodies associated with a contagious disease, the police officer or [fireman] firefighter is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease.

      4.  The former employer of a police officer or a salaried or volunteer [fireman] firefighter shall pay all the costs associated with providing skin and blood tests and other appropriate tests required pursuant to subsection 3.

      5.  As used in this section, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

      Sec. 51.  NRS 617.070 is hereby amended to read as follows:

      617.070  “Employee” and “workman” are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:

      1.  Aliens and minors.

      2.  All elected and appointed paid public officers.

      3.  Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.

      4.  Volunteer [firemen] firefighters entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145.

      5.  Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.

 


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      Sec. 52.  NRS 617.453 is hereby amended to read as follows:

      617.453  1.  Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if:

      (a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been:

             (1) Employed in this State in a full-time salaried occupation of fire fighting for the benefit or safety of the public; or

             (2) Acting as a volunteer [fireman] firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; and

      (b) It is demonstrated that:

             (1) He was exposed, while in the course of the employment, to a known carcinogen as defined by the International Agency for Research on Cancer or the National Toxicology Program; and

             (2) The carcinogen is reasonably associated with the disabling cancer.

      2.  With respect to a person who, for 5 years or more, has been employed in this State in a full-time salaried occupation of fire fighting for the benefit or safety of the public, the following substances shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known carcinogens that are reasonably associated with the following disabling cancers:

      (a) Diesel exhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with bladder cancer.

      (b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with brain cancer.

      (c) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer.

      (d) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkin’s lymphoma.

      (e) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer.

      (f) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer.

      (g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with lymphatic or haemotopoietic cancer.

      3.  The provisions of subsection 2 do not create an exclusive list and do not preclude any person from demonstrating, on a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a substance is a known carcinogen that is reasonably associated with a disabling cancer.

      4.  Compensation awarded to the employee or his dependents for disabling cancer pursuant to this section must include:

      (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization in accordance with the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract; and

 


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      (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.

      5.  Disabling cancer is presumed to have developed or manifested itself out of and in the course of the employment of any [fireman] firefighter described in this section. This rebuttable presumption applies to disabling cancer diagnosed after the termination of the person’s employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his employment. This rebuttable presumption must control the awarding of benefits pursuant to this section unless evidence to rebut the presumption is presented.

      6.  The provisions of this section do not create a conclusive presumption.

      Sec. 53.  NRS 617.455 is hereby amended to read as follows:

      617.455  1.  Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

      (a) Employed in this State in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

      (b) Acting as a volunteer [fireman] firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; or

      (c) Employed in a full-time salaried occupation as a police officer in this State.

      2.  Except as otherwise provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his lungs and the making of an X-ray film of his lungs, upon employment, upon commencement of the coverage, once every even-numbered year until he is 40 years of age or older and thereafter on an annual basis during his employment.

      3.  A thorough test of the functioning of the lungs is not required for a volunteer [fireman.] firefighter.

      4.  All physical examinations required pursuant to subsection 2 must be paid for by the employer.

      5.  A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer or [fireman] firefighter for 5 years or more before the date of disablement.

      6.  Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      7.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

 


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      (b) Incapable of performing, with or without remuneration, work as a [fireman] firefighter or police officer,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      Sec. 54.  NRS 617.457 is hereby amended to read as follows:

      617.457  1.  Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a [fireman] firefighter or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment.

      2.  Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer [fireman] firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer [fireman] firefighter in this State and who has not reached the age of 55 years before the onset of the disease.

      3.  Except as otherwise provided in subsection 4, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his employment.

      4.  A physical examination is not required for a volunteer [fireman] firefighter more than once every 3 years after an initial examination.

      5.  All physical examinations required pursuant to subsection 3 must be paid for by the employer.

      6.  Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      7.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a [fireman] firefighter or police officer,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      8.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

      Sec. 55.  NRS 617.485 is hereby amended to read as follows:

      617.485  1.  Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if an employee has hepatitis, the disease is conclusively presumed to have arisen out of and in the course of his employment if the employee has been continuously employed for 5 years or more as a police officer, full-time salaried [fireman] firefighter or emergency medical attendant in this State before the date of any temporary or permanent disability or death resulting from the hepatitis.

 


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or more as a police officer, full-time salaried [fireman] firefighter or emergency medical attendant in this State before the date of any temporary or permanent disability or death resulting from the hepatitis.

      2.  Compensation awarded to a police officer, [fireman] firefighter or emergency medical attendant, or to the dependents of such a person, for hepatitis pursuant to this section must include:

      (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and

      (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.

      3.  A police officer, salaried [fireman] firefighter or emergency medical attendant shall:

      (a) Submit to a blood test to screen for hepatitis C upon employment, upon the commencement of coverage and thereafter on an annual basis during his employment.

      (b) Submit to a blood test to screen for hepatitis A and hepatitis B upon employment, upon the commencement of coverage and thereafter on an annual basis during his employment, except that a police officer, salaried [fireman] firefighter or emergency medical attendant is not required to submit to a blood test to screen for hepatitis A and hepatitis B on an annual basis during his employment if he has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his employment. Each employer shall provide a police officer, salaried [fireman] firefighter or emergency medical attendant with the opportunity to be vaccinated for hepatitis A and hepatitis B upon employment and at other medically appropriate times during his employment.

      4.  All blood tests required pursuant to this section and all vaccinations provided pursuant to this section must be paid for by the employer.

      5.  The provisions of this section:

      (a) Except as otherwise provided in paragraph (b), do not apply to a police officer, [fireman] firefighter or emergency medical attendant who is diagnosed with hepatitis upon employment.

      (b) Apply to a police officer, [fireman] firefighter or emergency medical attendant who is diagnosed with hepatitis upon employment if, during the employment or within 1 year after the last day of the employment, he is diagnosed with a different strain of hepatitis.

      (c) Apply to a police officer, [fireman] firefighter or emergency medical attendant who is diagnosed with hepatitis after the termination of the employment if the diagnosis is made within 1 year after the last day of the employment.

      6.  A police officer, [fireman] firefighter or emergency medical attendant who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a police officer, [fireman] firefighter or emergency medical attendant,

Ê may elect to receive the benefits provided pursuant to NRS 616C.440 for a permanent total disability.

      7.  As used in this section:

      (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

 


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pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services.

      (b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

      (c) “Police officer” means a sheriff, deputy sheriff, officer of a metropolitan police department or city policeman.

      Sec. 56.  NRS 629.069 is hereby amended to read as follows:

      629.069  1.  A provider of health care shall disclose the results of all tests performed pursuant to NRS 441A.195 to:

      (a) The person who was tested;

      (b) The law enforcement officer, correctional officer, emergency medical attendant, [fireman] firefighter or other person who is employed by an agency of criminal justice who filed the petition or on whose behalf the petition was filed pursuant to NRS 441A.195;

      (c) The designated health care officer for the employer of the person described in paragraph (b) or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases; and

      (d) If the person who was tested is incarcerated or detained, the person in charge of the facility in which the person is incarcerated or detained and the chief medical officer of the facility in which the person is incarcerated or detained, if any.

      2.  A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.

      Sec. 57.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

________

 

 


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CHAPTER 119, AB 527

Assembly Bill No. 527–Committee on Education

 

CHAPTER 119

 

AN ACT relating to education; renaming the University and Community College System of Nevada as the Nevada System of Higher Education; clarifying that the System includes state colleges; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in paragraph (b).

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

 


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      (h) Information on whether each public school, including, without limitation, each charter school, has made adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers; and

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph [,] means schools in the top quartile of poverty and the bottom quartile of poverty in this State.

      (l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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      (o) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, excluding pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (w) Each source of funding for this State to be used for the system of public education.

      (x) The amount and sources of money received by this State for remedial education.

      (y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university , state college or community college within the [University and Community College System of Nevada,] Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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      (aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

             (1) A standard high school diploma.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (bb) The number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (cc) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      2.  A separate reporting for a subgroup of pupils must not be made pursuant to this section if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before September 1 of each year, the State Board shall provide for public dissemination of the annual report of accountability and submit a copy of the report to the:

      (a) Governor;

      (b) Committee;

      (c) Bureau;

 


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      (d) Board of Regents of the University of Nevada;

      (e) Board of trustees of each school district; and

      (f) Governing body of each charter school.

      5.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 2.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of a school district shall report the information required by subsection 2 for each charter school within the school district, regardless of the sponsor of the charter school.

      2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

             (1) The number of pupils who took the examinations;

             (2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination;

             (3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school;

             (4) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                    (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board;

             (5) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board;

             (6) The percentage of pupils who were not tested;

 


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             (7) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in subparagraph (4);

             (8) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available;

             (9) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison; and

             (10) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

Ê A separate reporting for a subgroup of pupils must not be made pursuant to this paragraph if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers; and

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph [,] means schools in the top quartile of poverty and the bottom quartile of poverty in this State.

      (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph.

 


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educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (f) The curriculum used by the school district, including:

             (1) Any special programs for pupils at an individual school; and

             (2) The curriculum used by each charter school in the district.

      (g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

             (1) Communication with the parents of pupils in the district; and

             (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

      (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

      (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

      (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

 


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and the district as a whole, including, without limitation, each charter school in the district.

      (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (q) Each source of funding for the school district.

      (r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university , state college or community college within the [University and Community College System of Nevada.] Nevada System of Higher Education.

      (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

      (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

             (1) A standard high school diploma.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

      (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

      (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

 


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             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school in the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      (dd) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

      (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

      (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

      4.  The annual report of accountability prepared pursuant to subsection 2 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and to the extent practicable, provided in a language that parents can understand.

      5.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

 


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             (5) Budget Division of the Department of Administration; and

             (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before April 1 of each year, the board of trustees of each school district shall submit to:

      (a) Each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

      (b) The Commission on Educational Technology created by NRS 388.790 the information prepared by the board of trustees pursuant to paragraph (t) of subsection 2.

      8.  On or before August 15 of each year, the board of trustees of each school district shall:

      (a) Submit the report required pursuant to subsection 2 to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

      9.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 3.  NRS 396.005 is hereby amended to read as follows:

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

      1.  “Board of Regents” means the Board of Regents of the University of Nevada.

      2.  “Community college” means all of the community colleges within the [University and Community College System of Nevada.] Nevada System of Higher Education.

      3.  “State college” means all of the state colleges within the Nevada System of Higher Education.

      4.  “System” means the [University and Community College System of Nevada.

      4.] Nevada System of Higher Education.

      5.  “University” means all of the universities within the [University and Community College System of Nevada.] Nevada System of Higher Education.

 


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      Sec. 4.  NRS 396.010 is hereby amended to read as follows:

      396.010  1.  The seat of the State University, as described in Section 4 of Article 11 of the Constitution of the State of Nevada, is hereby located at the Office of the Chancellor of the [University and Community College System of Nevada.] Nevada System of Higher Education.

      2.  Extension instruction on the collegiate level, research and service activities may be conducted throughout the State.

      Sec. 5.  NRS 396.020 is hereby amended to read as follows:

      396.020  The legal and corporate name of the State University is the University of Nevada. The System of:

      1.  Universities;

      2.  State colleges;

      3.  Community colleges;

      [3.] 4.  Administrative services;

      [4.] 5.  Research facilities, including, without limitation:

      (a) The Desert Research Institute;

      (b) The Ethics Institute; and

      (c) The Center for the Analysis of Crime Statistics, established within the Department of Criminal Justice at the University of Nevada, Las Vegas; and

      [5.] 6.  Departments within the Public Service Division,

Ê administered under the direction of the Board of Regents is hereby collectively known as the [University and Community College System of Nevada.] Nevada System of Higher Education. The System is comprised of such branches and facilities as the Board of Regents deems appropriate.

      Sec. 6.  NRS 396.340 is hereby amended to read as follows:

      396.340  1.  The [University and Community College System of] Nevada System of Higher Education was, and now is, established in accordance with the provisions of the Constitution of the State of Nevada, and also in accordance with the provisions of an Act of Congress entitled “An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503), and acts amendatory thereof or supplementary thereto.

      2.  The Board of Regents are the proper trustees of the System to receive and disburse all appropriations made to this State under the provisions of an Act of Congress entitled “An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an Act of Congress approved July second, eighteen hundred and sixty-two,” approved August 30, 1890 (c. 841, 26 Stat. 419), and all appropriations hereafter to be made under the Act.

      3.  The Board of Regents shall make a report at the end of each fiscal year, in connection with its annual report to the Governor, of other matters concerning the System, including the amounts received and disbursed under the provisions of this section. The Governor shall transmit all annual reports to the Legislature.

      4.  The Legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore and all which may hereafter be made to the State of Nevada by Congress, under the Act of Congress, the title of which is recited in subsection 2, and agrees that the grants must be used only for the purposes named in the Act of Congress, or acts amendatory thereof or supplemental thereto.

 


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for the purposes named in the Act of Congress, or acts amendatory thereof or supplemental thereto.

      Sec. 7.  NRS 396.383 is hereby amended to read as follows:

      396.383  1.  The [University and Community College System of] Nevada System of Higher Education Accounts Payable Revolving Fund is hereby created. The Board of Regents may deposit the money of the Fund in one or more state or national banks or credit unions in the State of Nevada.

      2.  The chief business officer of each business center of the System shall:

      (a) Pay from the fund such operating expenses of the System as the Board of Regents may by rule prescribe.

      (b) Submit claims to the State Board of Examiners for money of the System on deposit in the State Treasury or elsewhere to replace money paid from the [University and Community College System of] Nevada System of Higher Education Accounts Payable Revolving Fund.

      Sec. 8.  NRS 396.405 is hereby amended to read as follows:

      396.405  1.  A university foundation:

      (a) Shall comply with the provisions of chapter 241 of NRS;

      (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;

      (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 13 of NRS 375.090; and

      (d) May allow a president or an administrator of the university , state college or community college which it supports to serve as a member of its governing body.

      2.  A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his contribution or any information which may reveal or lead to the discovery of his identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

      3.  As used in this section, “university foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

      (a) Organized and operated exclusively for the purpose of supporting a university , state college or a community college;

      (b) Formed pursuant to the laws of this State; and

      (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 9.  NRS 396.4365 is hereby amended to read as follows:

      396.4365  1.  The Board of Regents shall ensure that each university , state college and community college within the System:

      (a) Maintains at the university , state college or community college a material safety data sheet for each hazardous chemical used on the buildings or grounds of the university , state college or community college;

      (b) Complies with any safety precautions contained in those sheets; and

      (c) Makes those sheets available to all the personnel of the university , state college or community college and the parents of each student attending the university , state college or community college.

      2.  For the purposes of this section, “material safety data sheet” has the meaning ascribed to it in 29 C.F.R. § 1910.1200.

      Sec. 10.  NRS 396.516 is hereby amended to read as follows:

      396.516  The Board of Regents may approve a uniform course of study and develop policies and procedures on the teaching of American Sign Language in the [University and Community College System of Nevada.]

 


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Language in the [University and Community College System of Nevada.] Nevada System of Higher Education.

      Sec. 11.  NRS 396.540 is hereby amended to read as follows:

      396.540  1.  For the purposes of this section:

      (a) “Bona fide resident” shall be construed in accordance with the provisions of NRS 10.155. The qualification “bona fide” is intended to assure that the residence is genuine and established for purposes other than the avoidance of tuition.

      (b) “Tuition charge” means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.

      2.  The Board of Regents may fix a tuition charge for students at all campuses of the [University of Nevada System,] Nevada System of Higher Education, but tuition [shall] must be free to:

      (a) All students whose families are bona fide residents of the State of Nevada;

      (b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 6 months [prior to] before their matriculation at the university;

      (c) All public school teachers who are employed full time by school districts in the State of Nevada; and

      (d) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS.

      3.  [In its discretion, the] The Board of Regents may grant tuitions free each university semester to worthwhile and deserving students from other states and foreign countries, in number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.

      Sec. 12.  NRS 396.543 is hereby amended to read as follows:

      396.543  1.  The Board of Regents may enter into an agreement with another state for the granting of full or partial waivers of the nonresident tuition to residents of the other state who are students at or are eligible for admission to any branch of the System if the agreement provides that, under substantially the same circumstances, the other state will grant reciprocal waivers to residents of Nevada who are students at or are eligible for admission to universities or colleges in the other state.

      2.  Each agreement must specify:

      (a) The criteria for granting the waivers; and

      (b) The specific universities , state colleges and community colleges for which the waivers will be granted.

      3.  The Board of Regents shall provide by regulation for the administration of any waivers for which an agreement is entered into pursuant to subsection 1.

      4.  The waivers granted pursuant to this section must not be included in the number of waivers determined for the purpose of applying the limitation in subsection 3 of NRS 396.540.

      Sec. 13.  NRS 396.545 is hereby amended to read as follows:

      396.545  1.  To the extent of legislative appropriation, the Board of Regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of:

 


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required textbooks and course materials assessed against or incurred by a dependent child of:

      (a) A police officer, fireman or officer of the Nevada Highway Patrol who was killed in the line of duty; or

      (b) A volunteer ambulance driver or attendant who was killed while engaged as a volunteer ambulance driver or attendant,

Ê for classes taken towards satisfying the requirements of an undergraduate degree at a school within the [University and Community College System of Nevada.] Nevada System of Higher Education. No such payment may be made for any fee assessed after the child reaches the age of 23 years.

      2.  There is hereby created in the State Treasury a Trust Fund for the Education of Dependent Children. The Board of Regents shall administer the Trust Fund. The Board of Regents may accept gifts and grants for deposit in the Trust Fund. All money held by the State Treasurer or received by the Board of Regents for that purpose must be deposited in the Trust Fund. The money in the Trust Fund must be invested as the money in other state funds is invested. After deducting all applicable charges, all interest and income earned on the money in the Trust Fund must be credited to the Trust Fund.

      3.  As used in this section:

      (a) “Fireman” means a person who is a salaried employee or volunteer member of a fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires.

      (b) “Local government” means a county, city, unincorporated town or metropolitan police department.

      (c) “Police officer” means a person who is a salaried employee of a police department or other law enforcement agency organized or operated by a local government and whose principal duty is to enforce the law.

      (d) “Volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

             (1) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

             (2) A political subdivision of this State.

      Sec. 14.  NRS 396.548 is hereby amended to read as follows:

      396.548  The Board of Regents shall require employees of the System to provide to the board of trustees of each school district of this State, as appropriate, information regarding the:

      1.  Number of pupils who graduated from a high school in the district in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university , state college or community college within the System.

      2.  Costs incurred by the System in providing remedial instruction pursuant to subsection 1.

      Sec. 15.  NRS 396.838 is hereby amended to read as follows:

      396.838  “University” means the [University and Community College System of Nevada,] Nevada System of Higher Education, the State University constituting a body corporate and politic, a political subdivision of this State, with the seat located in the City of Reno, in the County of Washoe and State of Nevada.

      Sec. 16.  NRS 43.080 is hereby amended to read as follows:

      43.080  “Municipality” means the State of Nevada, or any corporation, instrumentality or other agency thereof, or any incorporated city, any unincorporated town, or any county, school district, conservancy district, drainage district, irrigation district, general improvement district, other corporate district constituting a political subdivision of this State, housing authority, urban renewal authority, other type of authority, the [University and Community College System of Nevada,] Nevada System of Higher Education, the Board of Regents of the University of Nevada, or any other body corporate and politic of the State of Nevada, but excluding the Federal Government.

 


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drainage district, irrigation district, general improvement district, other corporate district constituting a political subdivision of this State, housing authority, urban renewal authority, other type of authority, the [University and Community College System of Nevada,] Nevada System of Higher Education, the Board of Regents of the University of Nevada, or any other body corporate and politic of the State of Nevada, but excluding the Federal Government.

      Sec. 17.  NRS 277.069 is hereby amended to read as follows:

      277.069  1.  Except as otherwise provided in subsections 2 and 3, any party to an agreement entered into pursuant to NRS 277.067, or any entity established by such an agreement, may:

      (a) Obligate itself to contribute money for the purchase of insurance, the establishment of a reserve or fund for coverage, the payment of any debt, or for any other purpose related to the undertaking;

      (b) Borrow money for any such purpose;

      (c) Issue notes and bonds evidencing the borrowing; and

      (d) Secure payment of the notes and bonds by a pledge of revenues.

      2.  Except as otherwise provided in subsection 3, any obligation to contribute money which is undertaken pursuant to a cooperative agreement:

      (a) Is binding notwithstanding that it is intended to remain in force beyond the current budget year or the terms of office of the present members of the governing body of the obligor.

      (b) If undertaken to pay any debt, does not remain in force more than 30 years after the date of the borrowing.

      (c) If undertaken to pay claims and administrative expenses, does not remain in force more than 10 years, except with respect to claims arising from occurrences during the period it is in force.

      3.  Except for a pledge of revenues or obligation to contribute money which pledges revenues or commits money derived from a source other than taxation, any pledge or obligation which is made or undertaken pursuant to a cooperative agreement by an agency of the State or the [University and Community College System of] Nevada System of Higher Education does not remain in force after the end of the biennium in which it is made or undertaken.

      Sec. 18.  NRS 277.0695 is hereby amended to read as follows:

      277.0695  1.  NRS 277.067 and 277.069 provide full authority for the exercise of the powers granted in those sections. No other act or law relating to the authorization or issuance of securities that provides for an election applies to any proceedings taken or acts done pursuant to those sections.

      2.  An issuance of bonds or notes, pledge of revenues, or obligation to contribute money which is made or undertaken pursuant to NRS 277.067 and 277.069 shall be deemed not to create indebtedness for the purposes of any limitation on indebtedness contained in any general or special law or charter.

      3.  Except as otherwise provided in this section and in NRS 277.067 and 277.069, the issuance of any bonds or notes pursuant to NRS 277.069 must be made in accordance with:

      (a) The Local Government Securities Law, if the bonds or notes are issued by or on behalf of a municipality as that term is defined in NRS [350.542;] 350.538;

      (b) The State Securities Law, if the bonds or notes are issued by or on behalf of an agency of the State; or

 


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      (c) The University Securities Law, if the bonds or notes are issued by or on behalf of the [University and Community College System of Nevada.] Nevada System of Higher Education.

      Sec. 19.  NRS 348.200 is hereby amended to read as follows:

      348.200  “Public body” means this State, the [University and Community College System of Nevada,] Nevada System of Higher Education, or a city or town, incorporated or unincorporated, county, school district, other public educational institution, other district, authority or other body corporate and politic comprising a political subdivision of the State or acting on behalf thereof.

      Sec. 20.  NRS 350.554 is hereby amended to read as follows:

      350.554  “Public body” means the [University and Community College System of Nevada,] Nevada System of Higher Education, the Board of Regents of the University of Nevada, any county, city, town, school district, other type district, authority, commission or other type of body corporate and politic constituting a political subdivision of the State, other than the municipality proceeding hereunder.

      Sec. 21.  NRS 353B.004 is hereby amended to read as follows:

      353B.004  “System” means the [University and Community College System of Nevada.] Nevada System of Higher Education.

      Sec. 22.  NRS 353B.090 is hereby amended to read as follows:

      353B.090  1.  The Board shall develop the Nevada Higher Education Prepaid Tuition Program for the prepayment of tuition at a guaranteed rate which is established based on the annual actuarial study required pursuant to NRS 353B.190 for undergraduate studies at a university , state college or community college that is a member of the System.

      2.  The Board shall adopt regulations for the implementation of the Program, including, without limitation, regulations setting forth requirements for residency, a limit on the number of qualified beneficiaries, the termination, withdrawal and transfer of money paid into the Trust Fund, the time within which the money paid into the Trust Fund must be used, and payment schedules.

      Sec. 23.  NRS 353B.100 is hereby amended to read as follows:

      353B.100  1.  The Board may enter into a prepaid tuition contract with a purchaser.

      2.  The Board shall create a prepaid tuition contract in accordance with the provisions of this section.

      3.  The prepaid tuition contract must include, without limitation:

      (a) The terms and conditions under which the purchaser shall remit payment, including, without limitation:

             (1) The amount and number of payments that are required from the purchaser on behalf of the qualified beneficiary;

             (2) The date upon which each payment is due; and

             (3) A provision for a reasonable penalty for a delinquent payment or default.

      (b) The name and date of birth of the qualified beneficiary on whose behalf the prepaid tuition contract is drawn.

      (c) The terms and conditions under which another person may be substituted as the qualified beneficiary.

      (d) The terms and conditions under which the purchaser, or another person designated by the purchaser, may terminate the prepaid tuition contract, receive a refund of money that he has paid into the Trust Fund or withdraw money that he has paid into the Trust Fund, including, without limitation, a provision allowing the Board to impose a fee that amounts to more than a de minimis penalty.

 


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withdraw money that he has paid into the Trust Fund, including, without limitation, a provision allowing the Board to impose a fee that amounts to more than a de minimis penalty.

      (e) A provision that the Board shall, after making a reasonable effort to contact the purchaser, report any money that has been deposited under a prepaid tuition contract that has not been terminated and has not been used within a specified period to the State Treasurer for proper disposition.

      (f) The number of semesters for which the purchaser is contracting.

      (g) A provision that money paid into the Trust Fund under a prepaid tuition contract may be applied toward tuition at:

             (1) A university , state college or community college that is a member of the System;

             (2) An accredited college or university in this State that is not a member of the System; or

             (3) An accredited community college, college or university in another state.

Ê Payments authorized pursuant to subparagraph (2) or (3) must not exceed the projected highest payment for tuition for the current academic year at a university that is a member of the System.

      (h) Any other term or condition that the Board considers necessary or proper.

      Sec. 24.  NRS 375A.700 is hereby amended to read as follows:

      375A.700  1.  The Department shall deposit all payments received pursuant to NRS 375A.100 in the State Treasury:

      (a) For credit to the Estate Tax Account in the State General Fund, an amount determined by the Department as necessary to pay the costs of administration of this chapter and to refund any overpayments of tax.

      (b) For credit to the Estate Tax Account in the Endowment Fund of the [University and Community College System of Nevada,] Nevada System of Higher Education, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).

      (c) For credit to the Fund for School Improvement created pursuant to NRS 387.032, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).

      2.  The interest earned on the money in the Estate Tax Account must be credited to the Account.

      Sec. 25.  NRS 375A.705 is hereby amended to read as follows:

      375A.705  1.  All money received by the Board of Regents of the University of Nevada pursuant to paragraph (b) of subsection 1 of NRS 375A.700 must be accounted for separately in the Endowment Fund of the [University and Community College System of Nevada.] Nevada System of Higher Education.

      2.  The money in the Estate Tax Account must be invested pursuant to the same investment policies as the other money in the Endowment Fund is invested. All interest and income earned on the money in the Account must be credited to the Account.

      3.  The Board of Regents of the University of Nevada may, upon approval by the Legislature when in regular session or by the Interim Finance Committee when the Legislature is not in regular session, expend any money in the Estate Tax Account.

 


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      Sec. 26.  NRS 375A.710 is hereby amended to read as follows:

      375A.710  1.  There is hereby created the Committee on the Estate Tax Account for the Endowment of the [University and Community College System of Nevada,] Nevada System of Higher Education, composed of:

      (a) Two members of the Board of Regents of the University of Nevada, appointed by the Chairman of the Board with the approval of the other members.

      (b) Two members who are administrators of the [University and Community College System of Nevada,] Nevada System of Higher Education, appointed by the Chancellor of the [University and Community College System of Nevada.] Nevada System of Higher Education.

      (c) Two members who are members of the faculty of the [University and Community College System of Nevada,] Nevada System of Higher Education, appointed by the faculty.

      (d) One member who is a student, appointed by the student governments of the [University and Community College System of Nevada.] Nevada System of Higher Education.

      2.  If any authority having the power to appoint a member of the Committee ceases to exist, the Governor shall exercise that power in a manner consistent with the intent of this section.

      3.  The member of the Committee who is appointed pursuant to paragraph (d) of subsection 1 shall serve a term of 1 year. All other members of the Committee shall serve terms of 3 years.

      4.  The Committee shall make recommendations to the Board of Regents of the University of Nevada concerning the expenditure of the money in the Estate Tax Account in the Endowment Fund.

      Sec. 27.  NRS 375B.410 is hereby amended to read as follows:

      375B.410  The money collected pursuant to the provisions of this chapter must be used only for the purpose of education, to be divided between the common schools and the [University and Community College System of] Nevada System of Higher Education for their support and maintenance.

      Sec. 28.  NRS 412.143 is hereby amended to read as follows:

      412.143  1.  The Adjutant General may authorize the payment of [no] not more than 100 percent of the consolidated fee each semester for each member of the active Nevada National Guard who attends one of the universities or state colleges within the [University and Community College System of] Nevada System of Higher Education as a full-time or part-time student from money appropriated for this purpose.

      2.  The Adjutant General may authorize the payment of [no] not more than 100 percent of the credit-hour cost each semester for each member of the active Nevada National Guard who attends one of the community colleges within the [University and Community College System of] Nevada System of Higher Education as a full-time or part-time student from money appropriated for this purpose.

      3.  To be eligible to receive benefits, a person must be a member in good standing of the active Nevada National Guard at the beginning of and throughout the entire semester for which benefits are received.

      Sec. 29.  NRS 439.630 is hereby amended to read as follows:

      439.630  1.  The Task Force for the Fund for a Healthy Nevada shall:

 


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      (a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

             (1) Promote public health;

             (2) Improve health services for children, senior citizens and persons with disabilities;

             (3) Reduce or prevent the use of tobacco;

             (4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

             (5) Offer other general or specific information on health care in this State.

      (b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities.

      (c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive, and to fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. From the money reserved to the Department pursuant to this paragraph, the Department may subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, and fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive, and administering any program established pursuant to NRS 422.274 or 422.2745. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

      (d) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

             (1) Respite care or relief of family caretakers;

             (2) Transportation to new or existing services to assist senior citizens in living independently; and

             (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.

      (e) Allocate, by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

 


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      (f) Allocate, by contract or grant, for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children.

      (g) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:

             (1) Programs that provide respite for persons caring for persons with disabilities;

             (2) Programs that provide positive behavioral supports to persons with disabilities; and

             (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

      (h) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to fund in whole or in part any program established pursuant to NRS 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in administering any program established pursuant to NRS 422.2745.

      (i) Maximize expenditures through local, federal and private matching contributions.

      (j) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.

      (k) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities , state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

      (l) To make the allocations required by paragraphs (e), (f) and (g):

             (1) Prioritize and quantify the needs for these programs;

             (2) Develop, solicit and accept applications for allocations;

             (3) Conduct annual evaluations of programs to which allocations have been awarded; and

             (4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.

      (m) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.

      2.  The Task Force may take such other actions as are necessary to carry out its duties.

      3.  The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.

      4.  To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

      (a) Prioritize and quantify the needs of senior citizens for these programs;

 


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      (b) Develop, solicit and accept grant applications for allocations;

      (c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

      (d) Award grants or other allocations;

      (e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

      (f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.

      5.  The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, or to pay for any program established pursuant to NRS 422.274 or 422.2745.

      6.  The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (e), (f) or (g) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.

      Sec. 30.  NRS 463.385 is hereby amended to read as follows:

      463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this State an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

      2.  The Commission shall:

      (a) Collect the tax annually on or before June 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

      (b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

      (c) Include the proceeds of the tax in its reports of state gaming taxes collected.

      3.  Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

 


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of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

      4.  The Commission shall pay over the tax as collected to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund, and the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education, which are hereby created in the State Treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.

      5.  During each fiscal year , the State Treasurer shall deposit the tax paid over to him by the Commission as follows:

      (a) The first $5,000,000 of the tax in the Capital Construction Fund for Higher Education;

      (b) Twenty percent of the tax in the Special Capital Construction Fund for Higher Education; and

      (c) The remainder of the tax in the State Distributive School Account in the State General Fund.

      6.  There is hereby appropriated from the balance in the Special Capital Construction Fund for Higher Education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, and the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the Capital Construction Fund for Higher Education. The balance remaining unappropriated in the Capital Construction Fund for Higher Education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the State General Fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the [University and Community College System of] Nevada System of Higher Education an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the [University and Community College System of] Nevada System of Higher Education to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.

      7.  After the requirements of subsection 6 have been met for each fiscal year, when specific projects are authorized by the Legislature, money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education must be transferred by the State Controller and the State Treasurer to the State Public Works Board for the construction of capital improvement projects for the [University and Community College System of Nevada,] Nevada System of Higher Education, including, but not limited to, capital improvement projects for the community colleges of the [University and Community College System of Nevada.]

 


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Controller and the State Treasurer to the State Public Works Board for the construction of capital improvement projects for the [University and Community College System of Nevada,] Nevada System of Higher Education, including, but not limited to, capital improvement projects for the community colleges of the [University and Community College System of Nevada.] Nevada System of Higher Education. As used in this subsection, “construction” includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either Fund at the end of a fiscal year does not revert to the State General Fund but remains in those Funds for authorized expenditure.

      8.  The money deposited in the State Distributive School Account in the State General Fund under this section must be apportioned as provided in NRS 387.030 among the several school districts and charter schools of the State at the times and in the manner provided by law.

      9.  The Board of Regents of the University of Nevada may use any money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the Legislature.

      Sec. 31.  NRS 482.3749 is hereby amended to read as follows:

      482.3749  1.  The Department shall, in cooperation with the Nevada Commission on Sports and using any colors and designs that the Department deems appropriate, design, prepare and issue license plates which indicate status as a hall of fame athlete. The design of the license plates must include the words “hall of fame.”

      2.  The Department shall issue license plates that indicate status as a hall of fame athlete for a passenger car or a 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 indicate status as a hall of fame athlete if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate status as a hall of fame athlete.

      3.  An application for the issuance or renewal of license plates that indicate status as a hall of fame athlete is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of identity and status as a hall of fame athlete.

      4.  In addition to all other applicable registration and license fees and governmental services taxes:

      (a) A person who requests license plates that indicate status as a hall of fame athlete shall pay a fee to the Department of $35.

      (b) License plates that indicate status as a hall of fame athlete are renewable upon the payment to the Department of $10.

      5.  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 plates and:

 


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      (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

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

      6.  As used in this section, “hall of fame athlete” means a current or former athlete who has been inducted into a hall of fame pertaining to the sport in which the athlete participates or participated, including, but not limited to:

      (a) The National Baseball Hall of Fame, located in Cooperstown, New York.

      (b) The Basketball Hall of Fame, located in Springfield, Massachusetts.

      (c) The Pro Football Hall of Fame, located in Canton, Ohio.

      (d) The Hockey Hall of Fame, located in Toronto, Ontario, Canada.

      (e) The National Soccer Hall of Fame, located in Oneonta, New York.

      (f) The International Tennis Hall of Fame, located in Newport, Rhode Island.

      (g) The Pro Rodeo Hall of Fame, located in Colorado Springs, Colorado.

      (h) Any hall of fame which has been established at a university , state college or community college within the [University and Community College System of Nevada.] Nevada System of Higher Education.

      Sec. 32.  NRS 645.830 is hereby amended to read as follows:

      645.830  1.  The following fees must be charged by and paid to the Division:

 

For each original real estate broker’s, broker-salesman’s or corporate broker’s license            $105

For each original real estate salesman’s license..................................... 85

For each original branch office license................................................. 120

For real estate education, research and recovery to be paid at the time an application for an original license is filed       40

For real estate education, research and recovery to be paid at the time an application for renewal of a license is filed    40

For each renewal of a real estate broker’s, broker-salesman’s or corporate broker’s license   180

For each renewal of a real estate salesman’s license......................... 140

For each renewal of a real estate branch office license..................... 110

For each penalty for late filing of a renewal for a broker’s, broker-salesman’s or corporate broker’s license      95

For each penalty for late filing of a renewal for a salesman’s license 75

For each change of name or address....................................................... 20

For each transfer of a real estate salesman’s or broker-salesman’s license and change of association or employment   20

For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof        20

For each change of broker status from broker to broker-salesman... 20

For each change of broker status from broker-salesman to broker... 40

 


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For each reinstatement to active status of an inactive real estate broker’s, broker-salesman’s or salesman’s license       $20

For each reinstatement of a real estate broker’s license when the licensee fails to give immediate written notice to the Division of a change of name or business location........................ 30

For each reinstatement of a real estate salesman’s or broker-salesman’s license when he fails to notify the Division of a change of broker within 30 days of termination by previous broker     30

For each original registration of an owner-developer......................... 125

For each annual renewal of a registration of an owner-developer.. 125

For each enlargement of the area of an owner-developer’s registration..... 50

For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof             150

For each original accreditation of a course of continuing education 100

For each renewal of accreditation of a course of continuing education..... 50

For each annual approval of a course of instruction offered in preparation for an original license or permit     100

 

      2.  The fees prescribed by this section for courses of instruction offered in preparation for an original license or permit or for courses of continuing education do not apply to:

      (a) Any university , state college or community college of the [University and Community College System of Nevada.] Nevada System of Higher Education.

      (b) Any agency of the State.

      (c) Any regulatory agency of the Federal Government.

      3.  The Commission shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of any investigation of a person’s background.

      Sec. 33.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 34.  This act becomes effective upon passage and approval.

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CHAPTER 120, AB 436

Assembly Bill No. 436–Committee on Commerce and Labor

 

CHAPTER 120

 

AN ACT relating to manufacturers of tobacco products; providing additional procedures to aid in the enforcement of certain requirements for such manufacturers; revising the provisions governing the release from escrow of certain deposits by such manufacturers; providing civil and criminal penalties; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.

      Sec. 2.  The Legislature finds that:

      1.  Violations of the provisions of chapter 370A of NRS threaten the integrity of the Master Settlement Agreement, the fiscal soundness of the State and public health.

      2.  The enactment of the procedural enhancements set forth in sections 2 to 23, inclusive, of this act will aid in the enforcement of the provisions of chapter 370A of NRS and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State and public health.

      Sec. 3.  As used in sections 2 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, “menthol,” “lights,” “kings” and “100s,” and includes any brand name, whether or not occurring alone or in conjunction with any other word, any trademark, logo, symbol, motto, selling message or recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

      Sec. 5.  “Cigarette” has the meaning ascribed to it in NRS 370A.050.

      Sec. 6.  “Directory” means the directory created pursuant to section 17 of this act.

      Sec. 7.  “Distributor” means a person that is authorized to affix stamps to cigarette packages pursuant to this chapter or any person that is required to pay the taxes on cigarettes imposed pursuant to this chapter.

      Sec. 8.  “Manufacturer of tobacco products” has the meaning ascribed to it in NRS 370A.060.

      Sec. 9.  “Master Settlement Agreement” has the meaning ascribed to it in NRS 370A.070.

      Sec. 10.  “Nonparticipating manufacturer” means any manufacturer of tobacco products that is not a participating manufacturer.

      Sec. 11.  “Participating manufacturer” has the meaning ascribed to it in NRS 370A.080.

 


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      Sec. 12.  “Qualified escrow fund” has the meaning ascribed to it in NRS 370A.090.

      Sec. 13.  “Stamp” means the indicia required to be placed on a cigarette package that evidences payment of the taxes on cigarettes imposed pursuant to this chapter.

      Sec. 14.  “Units sold” has the meaning ascribed to it in NRS 370A.120.

      Sec. 15.  1.  A manufacturer of tobacco products whose cigarettes are sold in this State, whether or not directly or through a distributor, retailer or similar intermediary or intermediaries shall, not later than April 30 of each year, execute and deliver to the Attorney General and the Department, on a form provided by the Department, a certification which certifies under penalty of perjury that, as of the date of that certification, the manufacturer of tobacco products is either:

      (a) A participating manufacturer; or

      (b) In full compliance with subsection 2 of NRS 370A.140, including any quarterly installment payments required pursuant to section 20 of this act.

      2.  Except as otherwise provided in section 16 of this act:

      (a) A participating manufacturer shall include in its certification pursuant to this section a list of its brand families. The participating manufacturer shall update that list at least 30 calendar days before it adds to or modifies its brand families by executing and delivering a supplemental certification to the Attorney General and the Department.

      (b) A nonparticipating manufacturer shall, in its certification pursuant to this section:

             (1) Include:

                   (I) A list of all of its brand families and the number of units sold for each brand family that were sold in the State during the preceding calendar year; and

                   (II) A list of all of its brand families that have been sold in the State at any time during the current calendar year;

             (2) Indicate, by an asterisk, any brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of the certification; and

             (3) Identify, by name and address, any other manufacturer of those brand families in the preceding or current calendar year.

Ê A nonparticipating manufacturer shall update the information required by this paragraph at least 30 calendar days before it adds to or modifies its brand families by executing and delivering a supplemental certification to the Attorney General and the Department.

      3.  In addition to the requirements of subsection 2, the certification of a nonparticipating manufacturer pursuant to this section must certify:

      (a) That the nonparticipating manufacturer is registered to do business in the State or has appointed a resident agent for service of process and provided notice thereof as required by section 18 of this act;

      (b) That the nonparticipating manufacturer has:

             (1) Established and continues to maintain a qualified escrow fund; and

             (2) Executed a qualified escrow agreement governing the qualified escrow fund that has been reviewed and approved by the Attorney General;

 


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      (c) That the nonparticipating manufacturer is in full compliance with chapter 370A of NRS and any regulations adopted pursuant thereto;

      (d) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto;

      (e) The account number of that qualified escrow fund and any subaccount number for this State;

      (f) The amount the nonparticipating manufacturer placed in that qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Department to confirm the information required by this paragraph; and

      (g) The amount and date of any withdrawal or transfer of money the nonparticipating manufacturer made at any time from that qualified escrow fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto.

      Sec. 16.  A manufacturer of tobacco products:

      1.  Shall not include a brand family in its certification pursuant to section 15 of this act unless, if the manufacturer is:

      (a) A participating manufacturer, the manufacturer affirms that the brand family is to be deemed to be its cigarettes for the purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; or

      (b) A nonparticipating manufacturer, the manufacturer affirms that the brand family is to be deemed to be its cigarettes for the purposes of chapter 370A of NRS.

Ê This subsection must not be construed as limiting or otherwise affecting the right of the State to maintain that a brand family constitutes cigarettes of a different manufacturer of tobacco products for the purposes of calculating payments under the Master Settlement Agreement or for the purposes of chapter 370A of NRS.

      2.  Shall maintain all invoices and documentation of sales, and any other information relied upon by the manufacturer for its certification pursuant to section 15 of this act, for at least 5 years, unless the manufacturer is otherwise required by law to maintain them for a greater period.

      Sec. 17.  1.  The Department shall create and maintain on its Internet website and otherwise make available for public inspection a directory that lists, except as otherwise provided in sections 2 to 23, inclusive, of this act, all manufacturers of tobacco products that have provided current and accurate certifications conforming to the requirements of sections 2 to 23, inclusive, of this act and all brand families that are listed in those certifications. The Department:

      (a) Shall not include or retain in the directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Department determines is not in compliance with sections 2 to 23, inclusive, of this act, unless the Department has determined that the violation has been cured to its satisfaction.

 


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      (b) Shall not include or retain in the directory a manufacturer of tobacco products or brand family if the Department concludes, for a nonparticipating manufacturer, that:

             (1) Any escrow payment required pursuant to chapter 370A of NRS for any period for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement which has been approved by the Attorney General; or

             (2) Any outstanding final judgment, including any interest thereon, for a violation of chapter 370A of NRS has not been fully satisfied for that manufacturer or brand family.

      2.  The Department shall update the directory as necessary to correct mistakes and to add or remove a manufacturer of tobacco products or brand family to keep the directory in conformity with the requirements of sections 2 to 23, inclusive, of this act.

      3.  Any determination of the Department not to include in or to remove from the directory a manufacturer of tobacco products or brand family is a final decision for the purposes of judicial review.

      Sec. 18.  1.  Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or other business entity must, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this State to act as its agent for the service of process on whom all process, in any action or proceeding against it concerning or arising out of the enforcement of this chapter, may be served in any manner authorized by law. Such service constitutes legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the Attorney General and the Department.

      2.  A nonparticipating manufacturer shall provide notice to the Attorney General and the Department at least 30 calendar days before the termination of the authority of an agent appointed pursuant to this section and shall provide proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent not less than 5 calendar days before the termination of appointment of an existing agent. If an agent terminates his appointment as an agent, the nonparticipating manufacturer shall notify the Attorney General and the Department of that termination within 5 calendar days and include with that notification proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent.

      3.  Any nonparticipating manufacturer whose cigarettes are sold in this State and who has not appointed and engaged an agent as required by this section shall be deemed to have appointed the Secretary of State as an agent and may be proceeded against in courts of this State by service of process upon the Secretary of State, except that the appointment of the Secretary of State as an agent does not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the directory.

      Sec. 19.  1.  Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Department, each distributor shall submit such information as the Department requires to facilitate compliance with the provisions of sections 2 to 23, inclusive, of this act, including, without limitation, a list by brand family of the total number of cigarettes or, in the case of “roll-your-own” tobacco, the equivalent unit count, for which the distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for those cigarettes.

 


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each distributor shall submit such information as the Department requires to facilitate compliance with the provisions of sections 2 to 23, inclusive, of this act, including, without limitation, a list by brand family of the total number of cigarettes or, in the case of “roll-your-own” tobacco, the equivalent unit count, for which the distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for those cigarettes. The distributor shall maintain for at least 5 years, and make available to the Department, all invoices and documentation of sales of all cigarettes of nonparticipating manufacturers and any other information relied upon in reporting to the Department.

      2.  The Department may disclose to the Attorney General any information received pursuant to sections 2 to 23, inclusive, of this act and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of sections 2 to 23, inclusive, of this act. The Department and Attorney General shall share with each other the information received pursuant to the provisions of sections 2 to 23, inclusive, of this act, and may share such information with other federal, state or local agencies only for purposes of enforcement of those provisions, the provisions of chapter 370A of NRS or the corresponding laws of other states.

      3.  The Department may require at any time from a nonparticipating manufacturer proof, from the financial institution in which that manufacturer has established a qualified escrow fund for the purpose of compliance with chapter 370A of NRS, of the amount of money in that fund, exclusive of interest, the amount and date of each deposit to that fund, and the amount and date of each withdrawal from that fund.

      4.  In addition to the information otherwise required to be submitted pursuant to sections 2 to 23, inclusive, of this act, the Department may require a distributor or manufacturer of tobacco products to submit any additional information, including, without limitation, samples of the packaging or labeling of each brand family, as is necessary to enable the Department to determine whether a manufacturer of tobacco products is in compliance with the provisions of sections 2 to 23, inclusive, of this act.

      5.  Every distributor shall provide to the Department and update as necessary an electronic mail address for receiving any notifications required to carry out sections 2 to 23, inclusive, of this act.

      Sec. 20.  1.  To promote compliance with the provisions of NRS 370A.140, the Department may adopt regulations requiring a manufacturer of tobacco products to make the escrow deposits required by NRS 370A.140 in quarterly installments during the year in which the sales covered by those deposits are made. The Department may require the production of information sufficient to enable the Department to determine the adequacy of the amount of each quarterly installment.

      2.  The Department may adopt such regulations as it deems necessary to carry out the provisions of sections 2 to 23, inclusive, of this act.

      Sec. 21.  1.  It is unlawful for any person to:

      (a) Affix a stamp to a package or other container of cigarettes of a manufacturer of tobacco products or brand family which is not included in the directory; or

      (b) Sell, or offer or possess for sale, in this State cigarettes of a manufacturer of tobacco products or brand family not included in the directory.

 


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

      3.  In addition to any other penalty authorized by law, the Department may impose on each person who violates any provision of subsection 1 a civil penalty for each such violation of not more than $5,000 or 500 percent of the retail value of the cigarettes involved in the violation, whichever is greater.

      4.  Any violation of subsection 1 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      5.  For the purposes of this section, each stamp affixed to and each sale or offer to sell cigarettes in violation of subsection 1 constitutes a separate violation.

      Sec. 22.  1.  The Attorney General, on behalf of the Department, may bring an action in the district court of this State to:

      (a) Enjoin any threatened or actual violation of the provisions of sections 2 to 23, inclusive, of this act by a distributor and to compel the distributor to comply with those provisions; or

      (b) Enforce any of the provisions of sections 2 to 23, inclusive, of this act.

      2.  In any action brought by the State to enforce the provisions of sections 2 to 23, inclusive, of this act, the State is entitled to recover any costs of investigation, expert witness fees, costs of the action and reasonable attorney’s fees.

      3.  If a court determines that a person has violated any provision of sections 2 to 23, inclusive, of this act, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the State General Fund.

      4.  The remedies and penalties provided in sections 2 to 23, inclusive, of this act are cumulative to each other and to the remedies and penalties available under any other law of this State.

      Sec. 23.  1.  If a court of competent jurisdiction finds that the provisions of sections 2 to 23, inclusive, of this act conflict and cannot be harmonized with the provisions of chapter 370A of NRS, then the provisions of chapter 370A of NRS shall be deemed to control.

      2.  If any section, subsection, subdivision, paragraph, sentence, clause or phrase of sections 2 to 23, inclusive, of this act causes chapter 370A of NRS to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of sections 2 to 23, inclusive, of this act shall be deemed to be invalid.

      3.  If any section, subsection, subdivision, paragraph, sentence, clause or phrase of sections 2 to 23, inclusive, of this act is for any reason held to be invalid, unlawful or unconstitutional, that decision shall be deemed not to affect the validity of the remaining portions of sections 2 to 23, inclusive, of this act or any part thereof.

      Sec. 24.  NRS 370A.150 is hereby amended to read as follows:

      370A.150  A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:

      1.  To pay a judgment or settlement on a released claim brought against that manufacturer by this State or by a releasing party located or residing in this State. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

 


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the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

      2.  To the extent that the manufacturer establishes that the amount it was required to deposit into escrow on account of units sold in the State in a particular year was greater than [this State’s allocable share of the total payments that the manufacturer would have been required to make in that year under] the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold if the manufacturer had been a participating manufacturer, [as such payments are determined pursuant to section IX(i)(2) of that Agreement and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the inflation adjustment,] the excess must be released from escrow and revert to the manufacturer.

      3.  To the extent not released from escrow under subsection 1 or 2, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.

      Sec. 25.  NRS 370A.150 is hereby amended to read as follows:

      370A.150  A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:

      1.  To pay a judgment or settlement on a released claim brought against that manufacturer by this State or by a releasing party located or residing in this State. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

      2.  [To the extent that the manufacturer establishes that the amount it was required to deposit into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold if the manufacturer had been a participating manufacturer, the excess must be released from escrow and revert to the manufacturer.

      3.]  To the extent not released from escrow under subsection 1 , [or 2,] deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.

      Sec. 26.  NRS 370A.150 is hereby amended to read as follows:

      370A.150  A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:

      1.  To pay a judgment or settlement on a released claim brought against that manufacturer by this State or by a releasing party located or residing in this State. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

 


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      2.  To the extent that the manufacturer establishes that the amount it was required to deposit into escrow in a particular year was greater than this State’s allocable share of the total payments that the manufacturer would have been required to make in that year under the Master Settlement Agreement if the manufacturer had been a participating manufacturer, as such payments are determined pursuant to section IX(i)(2) of that Agreement and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the inflation adjustment, the excess must be released from escrow and revert to the manufacturer.

      3.  To the extent not released from escrow under subsection 1 [,] or 2, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.

      Sec. 27.  1.  The first report required by section 19 of this act is due on or before October 20, 2005.

      2.  Notwithstanding the provisions of section 15 of this act, the initial certifications required by that section are due on or before November 15, 2005.

      3.  The Department of Taxation shall create and make available for public inspection the directory required pursuant to section 17 of this act on or before December 31, 2005.

      Sec. 28.  1.  This section and sections 1 to 20, inclusive, 22, 23, 24 and 27 of this act become effective:

      (a) Upon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and

      (b) On October 1, 2005, for all other purposes.

      2.  Section 21 of this act becomes effective on January 1, 2006.

      3.  Section 25 of this act becomes effective on the date a court of competent jurisdiction enters a judgment determining that the amendatory provisions of section 24 of this act are unconstitutional.

      4.  Section 26 of this act becomes effective on the date a court of competent jurisdiction enters a judgment determining that the amendatory provisions of section 25 of this act are unconstitutional.

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ê2005 Statutes of Nevada, Page 382ê

 

CHAPTER 121, AB 257

Assembly Bill No. 257–Assemblywoman Pierce

 

CHAPTER 121

 

AN ACT relating to property; prohibiting a financial institution under certain circumstances from including a provision in a loan agreement that allows the financial institution to satisfy a debt or liability owed to the financial institution under the loan agreement from certain money in an account unrelated to the loan agreement; exempting payments received pursuant to the federal Social Security Act from execution and attachment; and providing other matters properly relating thereto.

 

[Approved: May 18, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 657 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a financial institution shall not include in any loan agreement a provision that allows the financial institution to recover, take, appropriate or otherwise apply as a setoff against any debt or liability owing to the financial institution under the loan agreement money from an account unrelated to the loan agreement to the extent the money is exempt from execution pursuant to paragraph (x) of subsection 1 of NRS 21.090.

      2.  The provisions of subsection 1 do not apply to a provision in a loan agreement that specifically authorizes automatic withdrawals from an account.

      3.  The provisions of this section may not be varied by agreement and the rights conferred by this section may not be waived. Any provision included in an agreement that conflicts with this section is void.

      4.  As used in this section:

      (a) “An account unrelated to the loan agreement” includes, without limitation, an account pledged as security under the loan agreement, unless the specific account pledged as security is conspicuously described in the loan agreement.

      (b) “Financial institution” means an institution licensed pursuant to the provisions of this title or title 56 or chapter 645B, 645E or 649 of NRS, or a similar institution chartered or licensed pursuant to federal law.

      Sec. 2.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

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

 

 


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ê2005 Statutes of Nevada, Page 383 (Chapter 121, AB 257)ê

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received [under] pursuant to the federal Social Security Act [.] , including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Welfare Division of the Department of Human Resources or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed $200,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  A vehicle, if your equity in the vehicle is less than $15,000.

      11.  Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

      12.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

 


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ê2005 Statutes of Nevada, Page 384 (Chapter 121, AB 257)ê

 

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      15.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      16.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      17.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      18.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      19.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      20.  Payments received as restitution for a criminal act.

Ê These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption.

 


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ê2005 Statutes of Nevada, Page 385 (Chapter 121, AB 257)ê

 

notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

      Sec. 3.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $10,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.

 


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      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $200,000 in value and the dwelling is situated upon lands not owned by him.

      (n) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      (p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (q) Money, not to exceed $500,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

             (5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

 


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ê2005 Statutes of Nevada, Page 387 (Chapter 121, AB 257)ê

 

      (r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      (t) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      (u) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (v) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (w) Payments received as restitution for a criminal act.

      (x) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

      Sec. 4.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

Ê If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

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

 

 


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ê2005 Statutes of Nevada, Page 388 (Chapter 121, AB 257)ê

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received [under] pursuant to the federal Social Security Act [.] , including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Welfare Division of the Department of Human Resources or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed $200,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  A vehicle, if your equity in the vehicle is less than $15,000.

      11.  Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

      12.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

 


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ê2005 Statutes of Nevada, Page 389 (Chapter 121, AB 257)ê

 

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      15.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      16.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      17.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      18.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      19.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      20.  Payments received as restitution for a criminal act.

Ê These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption.

 


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ê2005 Statutes of Nevada, Page 390 (Chapter 121, AB 257)ê

 

file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

      If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

      IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

      Sec. 5.  The provisions of section 1 of this act apply to an agreement that is entered into or renewed on or after October 1, 2005.

________

 

 

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