Link to Page 606

 

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

ê2007 Statutes of Nevada, Page 607 (Chapter 175, SB 210)ê

 

necessary for its purposes, after the adoption by the Board of a resolution declaring such acquisition necessary for its purposes. This power must be exercised in the manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired must be taken in the name of the Authority.

       (e) Sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of this act, including the lease of any facility acquired by the Authority which is to be operated and maintained as a public project and convention, auditorium or exhibit facility.

       (f) Fix, and from time to time increase or decrease, rates, tolls, rents or charges for services or facilities furnished in connection with any facility and take such action as necessary or desirable to effect their collection.

       (g) Receive, control, invest and order the expenditure of money pertaining to any facility or related properties, including but not limited to annual grants from the Federal Government, the State, the county and incorporated cities in the county for capital improvements for facilities.

       (h) Enter into contracts, leases or other arrangements for commercial advertising purposes with any person or government.

       (i) Exercise all or any part or combination of the powers granted in this act to the Authority, except as otherwise provided in this act.

       (j) Sue and be sued.

       (k) Perform other acts necessary, convenient, desirable or appropriate to carry out the purposes and provisions of this act.

       (l) Engage in the sale and dispensing of alcoholic beverages in connection with activities conducted in connection with the facility, operate a bar in connection therewith and obtain all necessary licenses and permits and provide any bonds or security necessary or advisable.

       (m) Engage in the preparation, sale, serving and dispensing of food and beverages in connection with the facilities and activities conducted in connection therewith.

       (n) Provide security for all authorized facilities and activities by means of security guards, burglar alarm systems, fire alarm systems and other modern methods of protection and detection, with all materials, supplies and equipment incidental thereto.

       (o) Use or make available all facilities of the Authority or any portion thereof for any event, activity, meeting, convention, entertainment, promotions, party or other purpose approved by the Board, with or without charge, as determined by the Board.

       (p) Sell, or cause to be sold, promotional items.

       3.  The Board, in addition to the other powers conferred upon it, may:

       (a) Set aside a fund in an amount which it considers necessary, which may be expended in the discretion of the Board for the purpose of promoting or attracting conventions, meetings and like gatherings which will utilize the facilities of the Authority. Such an expenditure shall be deemed to be made for a public purpose.

       (b) Solicit and promote tourism generally, individually and through annual grants to chambers of commerce, convention authorities and other convention generating entities, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the Authority, and to enhance the general economy.

 


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

ê2007 Statutes of Nevada, Page 608 (Chapter 175, SB 210)ê

 

agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the Authority, and to enhance the general economy. Such promotion may include advertising the facilities under control of the Board and the resources of the community or area, including without restriction tourist accommodations, transportation, entertainment and climate.

       (c) Enter into contracts for advertising and pay the cost thereof, including reasonable commissions.

       (d) Authorize the expenditure of money subject to its control and derived from any source within its jurisdiction and authority, regardless of any purported limitations thereon incident to any transfer or remittance to the Board of the proceeds of any license tax or other money collected by any political subdivision, but subject to all valid contractual or statutory restrictions which may apply to any such money or remittances or to the use or disposition thereof.

       (e) Borrow money or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, for use in furtherance of any of the authorized purposes of the Authority and meet and comply with any conditions imposed thereon, which are within the authority or discretion of the Board.

       (f) Appoint an Executive Director, the Authority Treasurer, the Auditor for the Authority, assistants to officers and establish such other offices and appoint such other officers as it deems necessary. All appointive officers serve at the pleasure of the Board and shall perform such duties as may be designated by the Board and are entitled to receive a salary set by the Board. The Board shall, by agreement pursuant to chapter 288 of NRS, or by resolution, set the annual, sick and disability leave, salary or wages, pensions, insurance and other benefits for appointed and hired Authority officers and employees.

       4.  Any contracts, leases, franchises or other transactions authorized or executed by the Board are not affected by the fact that the term of office of any or all of its members may expire before completion of the transaction authorized.

       5.  When any member of the Board or officer or employee of the Authority travels for the transaction of business of the Authority, the Board may pay him the actual expenses necessary for such travel, including travel expenses, room, board, gratuities, car rental, telephone, taxi fares and any other expense reasonably incurred in connection with such travel. Travel fares must be the amount charged by public conveyance unless the Board determines that travel by private conveyance is more economical, or travel by public conveyance is impractical or unavoidable over any of the routes to be traveled. The Board may allow for traveling by private conveyance an amount not to exceed the maximum allowance per mile for travel by private conveyance established by the State Board of Examiners for state officers and employees [specified in NRS 281.160.] generally.

      Sec. 26.  This act becomes effective on July 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 609ê

 

CHAPTER 176, SB 357

Senate Bill No. 357–Senator Wiener

 

CHAPTER 176

 

AN ACT relating to education; revising provisions relating to student loans administered by the Western Interstate Commission for Higher Education for students enrolled in certain educational programs; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law directs the Governor to enter into a compact on behalf of this State to form the Western Interstate Commission for Higher Education, which coordinates the educational needs of the 13 western states for the purpose of providing higher education. (Chapter 397 of NRS) The Commission is authorized to provide loans to students enrolled in certain programs and current law provides for the terms of repayment of those loans. (NRS 397.064) Section 1 of this bill revises the interest rate and delinquency charge that may be charged to students who receive certain loans from the Commission.

 

 

      Whereas, The members of the 74th Session of the Nevada Legislature hereby recognize the need to ensure that an adequate, well-trained workforce is available to meet the immediate and future needs of the residents and employers of this State; and

      Whereas, An evaluation of the immediate and projected workforce needs of this State would provide valuable information pertaining to the existing shortages and anticipated shortages in the workforce of this State; and

      Whereas, The members of the 74th Session of the Nevada Legislature hereby urge the Board of Regents of the University of Nevada to use the projections and data that are available from the Department of Employment, Training and Rehabilitation and other agencies and organizations in identifying which educational programs offered by the Nevada System of Higher Education would strengthen Nevada’s economy and the general welfare of its residents; and

      Whereas, The Nevada System of Higher Education is in a unique position to offer those educational programs to students enrolled in the System and to thereby assist in alleviating the existing shortages and anticipated shortages in the workforce needs; and

      Whereas, The Western Interstate Commission for Higher Education is a regional organization created by the Western Regional Education Compact to facilitate resource sharing among the higher education systems of the western states; and

      Whereas, The Western Interstate Commission for Higher Education has developed the Health Care Access Program of Nevada to address the growing number of medically underserved citizens in rural areas of this State through an alternative loan forgiveness program; and

      Whereas, Through the Health Care Access Program of Nevada, the Western Interstate Commission for Higher Education has the ability to financially assist the residents of Nevada who are enrolled in programs of study in health related fields, including nursing, pharmacy, physical therapy and physician assistance; and

 


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

ê2007 Statutes of Nevada, Page 610 (Chapter 176, SB 357)ê

 

financially assist the residents of Nevada who are enrolled in programs of study in health related fields, including nursing, pharmacy, physical therapy and physician assistance; and

      Whereas, The Health Care Access Program has successfully placed 110 graduates of postsecondary education in clinics across this State in an effort to meet the medical needs of residents who live in medically underserved areas; and

      Whereas, The members of the 74th Session of the Nevada Legislature hereby encourage the Board of Regents of the University of Nevada and the Western Interstate Commission for Higher Education to collaborate in evaluating the workforce needs of this State and offering educational programs and incentives to meet those needs; and

      Whereas, The Board of Regents plays a vital role in ensuring that an adequate, well-trained workforce is available to meet the growing demands of the residents and employers of this State; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 397.064 is hereby amended to read as follows:

      397.064  Loans, from the Western Interstate Commission for Higher Education’s Fund for Student Loans, to students who enter the program on or after July 1, 1985, must be made upon the following terms:

      1.  All loans must bear a competitive interest [at 8 percent per annum] rate, which must be established by the three Nevada State Commissioners, acting jointly, from the first day of the academic term for which the student received the loan. The three Nevada State Commissioners, acting jointly, may delegate to the Director of the Western Interstate Commission for Higher Education the authority to establish the interest rate pursuant to this section.

      2.  Except as otherwise provided in NRS 397.0617, each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship for which the loan is made.

      3.  The loan must be repaid in monthly installments over the period allowed, as set forth in subsection 4, with the first installment due 1 year after the date of the termination of his education or the completion of his internship for which the loan is made. The amounts of the installments may not be less than $50 and may be calculated to allow a smaller payment at the beginning of the repayment period, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period allowed for repayment.

      4.  The three Nevada State Commissioners, acting jointly, shall, or shall delegate to the Director of the Western Interstate Commission for Higher Education the power to, schedule the repayment within the following periods:

      (a) Five years for loans which total less than $10,000.

      (b) Eight years for loans which total $10,000 or more but less than $20,000.

      (c) Ten years for loans which total $20,000 or more.

      5.  A student loan may not exceed 50 percent of the student fees for any academic year.

 


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

ê2007 Statutes of Nevada, Page 611 (Chapter 176, SB 357)ê

 

      6.  A delinquency charge may be assessed on any installment delinquent 10 days or more in [the] an amount [of 8 percent of the installment or $4, whichever is greater, but not more than $15.] that must be established by the three Nevada State Commissioners, acting jointly. The Nevada State Commissioners, acting jointly, may delegate to the Director of the Western Interstate Commission for Higher Education the authority to establish an appropriate delinquency charge pursuant to this subsection.

      7.  The reasonable costs of collection and an attorney’s fee may be recovered in the event of delinquency.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 177, SB 74

Senate Bill No. 74–Senator McGinness

 

CHAPTER 177

 

AN ACT relating to infrastructure funds; specifying additional purposes for which money in the infrastructure fund of certain counties may be expended; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes counties to enact an ordinance imposing a tax for infrastructure. (NRS 377B.100) In a county whose population is less than 100,000 (currently Carson City, Elko, Douglas, Nye, Lyon, Churchill, Humboldt, White Pine, Pershing, Lander, Mineral, Lincoln, Storey, Eureka and Esmeralda Counties), the tax may be imposed on retailers at a rate of not more than one-quarter of 1 percent of gross receipts. (NRS 377B.110) The tax imposed by such counties is required to be paid to the Department of Taxation and, after an amount is deducted as compensation to the State for collecting the tax, the remainder is transferred to the county treasurer of the county from which it was collected. (NRS 377B.130) The money is then deposited in the county treasury for credit to the infrastructure fund. (NRS 377B.150) The permissible expenditures from the infrastructure fund are set forth in NRS 377B.160.

      Section 1 of this bill provides that money in the infrastructure fund of such counties may also be expended for certain projects relating to streets and highways that are described in subsection 2 of NRS 373.028, and for the acquisition, establishment, construction, expansion, improvement or equipping of facilities relating to public safety or to cultural and recreational or judicial functions.

      Existing law also authorizes the board of county commissioners in such counties to issue bonds and other securities to obtain money to pay the cost of authorized projects. (NRS 377B.190) Section 1 of this bill provides that money in the infrastructure fund of such counties may also be expended for the payment of principal and interest on such bonds and other securities.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 377B.160 is hereby amended to read as follows:

      377B.160  The money in the infrastructure fund, including interest and any other income from the fund:

 


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

ê2007 Statutes of Nevada, Page 612 (Chapter 177, SB 74)ê

 

      1.  In a county whose population is 400,000 or more, must only be expended by the water authority, distributed by the water authority to its members, distributed by the water authority pursuant to NRS 377B.170 to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in [such a] the county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, expended by the board of county commissioners for:

      (a) The acquisition, establishment, construction, improvement or equipping of water and wastewater facilities;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or

      (c) Any combination of those purposes.

Ê The board of county commissioners may only expend money from the infrastructure fund pursuant to this subsection in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100.

      2.  In a county whose population is 100,000 or more but less than 400,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:

      (a) The acquisition, establishment, construction or expansion of:

             (1) Projects for the management of floodplains or the prevention of floods; or

             (2) Facilities relating to public safety;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a);

      (c) The ongoing expenses of operation and maintenance of projects described in subparagraph (1) of paragraph (a), if such projects were included in a plan adopted by the board of county commissioners pursuant to subsection 6 of NRS 377B.100 before January 1, 2003; or

      (d) Any combination of those purposes.

      3.  In a county whose population is less than 100,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:

      (a) The acquisition, establishment, construction, improvement or equipping of:

             (1) Water facilities; or

             (2) Wastewater facilities;

      (b) The acquisition, establishment, construction, operation, maintenance or expansion of:

             (1) Projects for the management of floodplains or the prevention of floods; or

             (2) Facilities for the disposal of solid waste;

      (c) The construction or renovation of facilities for schools;

      (d) The construction or renovation of facilities having cultural or historical value;

      (e) Projects described in subsection 2 of NRS 373.028;

      (f) The acquisition, establishment, construction, expansion, improvement or equipping of facilities relating to public safety or to cultural and recreational or judicial functions;

 


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

ê2007 Statutes of Nevada, Page 613 (Chapter 177, SB 74)ê

 

      (g) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects, facilities and activities described in paragraphs (a) to [(d),] (f), inclusive; or

      [(f)] (h) Any combination of those purposes.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 178, SB 87

Senate Bill No. 87–Senator Amodei

 

CHAPTER 178

 

AN ACT relating to legislative audits; providing for audits by the Legislative Auditor of entities which are not state agencies but which receive appropriations of public money; requiring such an entity, as a condition of the acceptance of an appropriation, to agree to make available to the Legislative Auditor all records of information that he determines to be necessary to conduct such an audit; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      This act requires the Legislative Auditor, as directed by the Legislative Commission, to audit an entity which is not an “agency of this State” as defined in NRS 218.737 but which receives an appropriation of public money. The audit must examine the use of the public money by the entity. This act also requires such an entity, as a condition of the acceptance of an appropriation of public money, to agree to make available to the Legislative Auditor all records of information that the Legislative Auditor determines to be necessary to conduct the audit. Such an audit will be subject to the terms set forth in NRS 218.737 to 218.893, inclusive, governing audits conducted by the Legislative Auditor.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Legislative Auditor, as directed by the Legislative Commission pursuant to NRS 218.850, shall conduct a special audit of an entity which is not an agency of this State but which receives an appropriation of public money during any fiscal year. Such an audit must, without limitation, examine the use of the public money received by the entity.

      2.  As a condition of the acceptance of any appropriation of public money, an entity which is not an agency of this State must agree to make available to the Legislative Auditor all books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor determines to be necessary to conduct an audit pursuant to this section.

      Sec. 2.  NRS 218.737 is hereby amended to read as follows:

      218.737  As used in NRS 218.737 to 218.893, inclusive, and section 1 of this act, “agency of the State” includes all offices, departments, boards, commissions and institutions of the State and the judicial department of the State, but does not include the Legislative Branch of Government.

 


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

ê2007 Statutes of Nevada, Page 614 (Chapter 178, SB 87)ê

 

commissions and institutions of the State and the judicial department of the State, but does not include the Legislative Branch of Government.

      Sec. 3.  NRS 218.850 is hereby amended to read as follows:

      218.850  1.  Each of the audits provided for in this chapter must be made and concluded as directed by the Legislative Commission and in accordance with the terms of NRS 218.737 to 218.893, inclusive [.] , and section 1 of this act.

      2.  The Legislative Commission shall direct the Legislative Auditor to make any special audit or investigation that in its judgment is proper and necessary to carry out the purpose of this chapter or to assist the Legislature in the proper discharge of its duties.

      Sec. 4.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 179, SB 99

Senate Bill No. 99–Senator Hardy

 

CHAPTER 179

 

AN ACT relating to industrial insurance; providing that an employee of a contractor or subcontractor who is covered under a consolidated insurance program that is established and administered by the owner or principal contractor of certain construction projects is an employee of the contractor or subcontractor for the purpose of determining the loss experience of the contractor or subcontractor and shall not be deemed an employee of the owner or principal contractor for the purpose of determining the loss experience of the owner or principal contractor; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      A private company, public entity or utility that is the owner or principal contractor of a construction project whose estimated total cost equals or exceeds a threshold amount established by the Commissioner of Insurance may establish and administer a consolidated insurance program that provides industrial insurance coverage for the employees of contractors and subcontractors who are engaged in the construction project. (NRS 616B.710) Under existing law, an employee of a contractor or subcontractor who is covered under the consolidated insurance program is considered an employee of the owner or principal contractor of the construction project for the purpose of determining the loss experience of the owner or principal contractor. (NRS 616B.732) This bill provides instead that such an employee is considered an employee of the contractor or subcontractor, not the owner or principal contractor of the construction project, for the purpose of establishing the loss experience of the owner, principal contractor, contractor and subcontractor.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616B.732 is hereby amended to read as follows:

      616B.732  If an owner or principal contractor establishes and administers a consolidated insurance program pursuant to NRS 616B.710, each employee of a contractor or subcontractor who is covered under the consolidated insurance program [shall] :

 


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

ê2007 Statutes of Nevada, Page 615 (Chapter 179, SB 99)ê

 

each employee of a contractor or subcontractor who is covered under the consolidated insurance program [shall] :

      1.  Is an employee of the contractor or subcontractor for the purpose of determining the loss experience of the contractor or subcontractor.

      2.  Shall not be deemed to be an employee of the owner or principal contractor for the purpose of determining the loss experience of the owner or principal contractor.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 180, AB 143

Assembly Bill No. 143–Assemblymen Goedhart, Beers, Goicoechea, Grady, Hardy, Marvel, Settelmeyer, Stewart and Weber

 

Joint Sponsors: Senators Beers and McGinness

 

CHAPTER 180

 

AN ACT relating to the Commission on Ethics; requiring the Commission to render certain opinions within a certain period; increasing the time within which the Executive Director of the Commission is required to complete his investigation of the facts and circumstances relating to certain requests for an opinion; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes a public officer or employee to request from the Commission on Ethics an opinion interpreting the statutory ethical standards and applying those standards to a particular set of facts and circumstances which directly relate to the propriety of his own past, present or future conduct as an officer or employee. (NRS 281.511) This bill requires the Commission to render the opinion as soon as practicable or within 45 days after receiving the request.

      Existing law also authorizes certain other persons to request from the Commission an opinion interpreting the statutory ethical standards and applying those standards to a particular set of facts and circumstances. Upon receipt of such a request, the Executive Director of the Commission must investigate the facts and circumstances relating to the request and determine whether there is just and sufficient cause for the Commission to render an opinion in the matter. The Executive Director has 45 days after the receipt of the request to investigate and present his recommendation to a panel of the Commission. (NRS 281.511) This bill increases from 45 days to 60 days the period given the Executive Director to make his investigation and present his recommendation to a panel of the Commission.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 281.511 is hereby amended to read as follows:

      281.511  1.  The Commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances [upon] as soon as practicable or within 45 days after receiving a request, whichever is sooner, on a form prescribed by the Commission, from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee.

 


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

ê2007 Statutes of Nevada, Page 616 (Chapter 180, AB 143)ê

 

questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee. He may also request the Commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of his own present or future conduct, the opinion of the Commission is:

      (a) Binding upon the requester as to his future conduct; and

      (b) Final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.

      2.  The Commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:

      (a) Upon request from a specialized or local ethics committee.

      (b) Except as otherwise provided in this subsection, upon request from a person, if the requester submits:

             (1) The request on a form prescribed by the Commission; and

             (2) All related evidence deemed necessary by the Executive Director and the panel to make a determination of whether there is just and sufficient cause to render an opinion in the matter.

      (c) Upon the Commission’s own motion regarding the propriety of conduct by a public officer or employee. The Commission shall not initiate proceedings pursuant to this paragraph based solely upon an anonymous complaint.

Ê The Commission shall not render an opinion interpreting the statutory ethical standards or apply those standards to a given set of facts and circumstances if the request is submitted by a person who is incarcerated in a correctional facility in this State.

      3.  Upon receipt of a request for an opinion by the Commission or upon the motion of the Commission pursuant to subsection 2, the Executive Director shall investigate the facts and circumstances relating to the request to determine whether there is just and sufficient cause for the Commission to render an opinion in the matter. The public officer or employee that is the subject of the request may submit to the Executive Director any information relevant to the request. The Executive Director shall complete an investigation and present his recommendation relating to just and sufficient cause to the panel within [45 days] 60 days after the receipt of or the motion of the Commission for the request, unless the public officer or employee waives this time limit. If the Executive Director determines after an investigation that just and sufficient cause exists for the Commission to render an opinion in the matter, he shall state such a recommendation in writing, including, without limitation, the specific evidence that supports his recommendation. If, after an investigation, the Executive Director does not determine that just and sufficient cause exists for the Commission to render an opinion in the matter, he shall state such a recommendation in writing, including, without limitation, the specific reasons for his recommendation. Within 15 days after the Executive Director has provided his recommendation in the matter to the panel, the panel shall make a final determination regarding whether just and sufficient cause exists for the Commission to render an opinion in the matter, unless the public officer or employee waives this time limit. The panel shall not determine that there is just and sufficient cause for the Commission to render an opinion unless the panel has provided the public officer or employee an opportunity to respond to the allegations against him.

 


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

ê2007 Statutes of Nevada, Page 617 (Chapter 180, AB 143)ê

 

panel has provided the public officer or employee an opportunity to respond to the allegations against him. The panel shall cause a record of its proceedings in each matter to be kept, and such a record must remain confidential until the panel determines whether there is just and sufficient cause for the Commission to render an opinion in the matter.

      4.  If the panel determines that just and sufficient cause exists for the Commission to render an opinion requested pursuant to this section, the Commission shall hold a hearing and render an opinion in the matter within 30 days after the determination of just and sufficient cause by the panel, unless the public officer or employee waives this time limit.

      5.  Each request for an opinion that a public officer or employee submits to the Commission pursuant to subsection 1, each opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request are confidential unless the public officer or employee who requested the opinion:

      (a) Acts in contravention of the opinion, in which case the Commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

      (b) Discloses the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto; or

      (c) Requests the Commission to disclose the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto.

      6.  Except as otherwise provided in this subsection, each document in the possession of the Commission or its staff that is related to a request for an opinion regarding a public officer or employee submitted to or initiated by the Commission pursuant to subsection 2, including, without limitation, the Commission’s copy of the request and all materials and information gathered in an investigation of the request, is confidential until the panel determines whether there is just and sufficient cause to render an opinion in the matter. The public officer or employee who is the subject of a request for an opinion submitted or initiated pursuant to subsection 2 may in writing authorize the Commission to make its files, material and information which are related to the request publicly available.

      7.  Except as otherwise provided in paragraphs (a) and (b), the proceedings of a panel are confidential until the panel determines whether there is just and sufficient cause to render an opinion. A person who:

      (a) Requests an opinion from the Commission pursuant to paragraph (b) of subsection 2 may:

             (1) At any time, reveal to a third party the alleged conduct of a public officer or employee underlying the request that he filed with the Commission or the substance of testimony, if any, that he gave before the Commission.

             (2) After the panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he requested an opinion from the Commission.

      (b) Gives testimony before the Commission may:

             (1) At any time, reveal to a third party the substance of testimony that he gave before the Commission.

             (2) After the panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he gave testimony before the Commission.

 


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

ê2007 Statutes of Nevada, Page 618 (Chapter 180, AB 143)ê

 

      8.  Whenever the Commission holds a hearing pursuant to this section, the Commission shall:

      (a) Notify the person about whom the opinion was requested of the place and time of the Commission’s hearing on the matter;

      (b) Allow the person to be represented by counsel; and

      (c) Allow the person to hear the evidence presented to the Commission and to respond and present evidence on his own behalf.

Ê The Commission’s hearing may be held no sooner than 10 days after the notice is given unless the person agrees to a shorter time.

      9.  If a person who is not a party to a hearing before the Commission, including, without limitation, a person who has requested an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask a question of a witness at the hearing, the person must submit the question to the Executive Director in writing. The Executive Director may submit the question to the Commission if he deems the question relevant and appropriate. This subsection does not require the Commission to ask any question submitted by a person who is not a party to the proceeding.

      10.  If a person who requests an opinion pursuant to subsection 1 or 2 does not:

      (a) Submit all necessary information to the Commission; and

      (b) Declare by oath or affirmation that he will testify truthfully,

Ê the Commission may decline to render an opinion.

      11.  For good cause shown, the Commission may take testimony from a person by telephone or video conference.

      12.  For the purposes of NRS 41.032, the members of the Commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking an action related to the rendering of an opinion pursuant to this section.

      13.  A meeting or hearing that the Commission or the panel holds to receive information or evidence concerning the propriety of the conduct of a public officer or employee pursuant to this section and the deliberations of the Commission and the panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 181, AB 201

Assembly Bill No. 201–Committee on Ways and Means

 

CHAPTER 181

 

AN ACT making a supplemental appropriation to the Budget Division of the Department of Administration for overtime and increased costs; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Budget Division of the Department of Administration the sum of $135,218 to pay overtime costs in Fiscal Year 2007 relating to budget preparation and legislative participation and the increased costs of the Single Audit Report.

 


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

ê2007 Statutes of Nevada, Page 619 (Chapter 181, AB 201)ê

 

$135,218 to pay overtime costs in Fiscal Year 2007 relating to budget preparation and legislative participation and the increased costs of the Single Audit Report. This appropriation is supplemental to that made by section 8 of chapter 434, Statutes of Nevada 2005, at page 1937.

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

________

 

CHAPTER 182, AB 259

Assembly Bill No. 259–Assemblyman Claborn

 

CHAPTER 182

 

AN ACT relating to wildlife; requiring the Department of Wildlife to submit a financial report to the Legislature relating to certain accounts and subaccounts administered by the Department; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law creates the Department of Wildlife. The Department is required to administer the laws of this State relating to wildlife and the provisions of chapter 488 of NRS relating to watercraft and the use of watercraft. (NRS 501.331)

      Section 26 of this bill requires the Department to submit to the Legislature, on or before the fifth calendar day of each regular session, a financial report setting forth the activity and status of the Wildlife Obligated Reserve Account and any other account or subaccount administered by the Department for which the use of the money in the account or subaccount is restricted. The report must include, without limitation, a description of each project for which money is spent and a description of each recipient of that money.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-25.  (Deleted by amendment.)

      Sec. 26.  NRS 501.331 is hereby amended to read as follows:

      501.331  [There] The Department of Wildlife is hereby created . [the Department of Wildlife which shall] The Department:

      1.  Shall administer the wildlife laws of this State and chapter 488 of NRS.

      2.  Shall, on or before the fifth calendar day of each regular session of the Legislature, submit to the Legislature a financial report for each of the immediately preceding 2 fiscal years setting forth the activity and status of the Wildlife Obligated Reserve Account in the State General Fund, each subaccount within that Account and any other account or subaccount administered by the Department for which the use of the money in the account or subaccount is restricted. The report must include, without limitation:

      (a) A description of each project for which money is expended from each of those accounts and subaccounts and a description of each recipient of that money; and

      (b) The total amount of money expended from each of those accounts and subaccounts for each fiscal year, including, without limitation, the amount of any matching contributions received for those accounts and subaccounts for each fiscal year.

 


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

ê2007 Statutes of Nevada, Page 620 (Chapter 182, AB 259)ê

 

amount of any matching contributions received for those accounts and subaccounts for each fiscal year.

      Secs. 27-38.  (Deleted by amendment.)

      Sec. 39.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 183, AB 540

Assembly Bill No. 540–Committee on Ways and Means

 

CHAPTER 183

 

AN ACT making a supplemental appropriation to the Department of Health and Human Services for expenses relating to foster care; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Health and Human Services for Clark County Integration the sum of $3,320,695 for an unanticipated shortfall in purchased placement costs and for 14 full-time equivalent positions needed for the increased foster care caseload. This appropriation is supplemental to that made by section 20 of chapter 434, Statutes of Nevada 2005, at page 1940.

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

________

 

CHAPTER 184, AB 549

Assembly Bill No. 549–Committee on Ways and Means

 

CHAPTER 184

 

AN ACT making a supplemental appropriation to the Emergency Medical Services Section of the Department of Health and Human Services for radio system repair; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Emergency Medical Services Section of the Department of Health and Human Services the sum of $79,553 for repairs to the 450 MHz radio system. This appropriation is supplemental to that made by section 20 of chapter 434, Statutes of Nevada 2005, at page 1940.

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

________

 


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

ê2007 Statutes of Nevada, Page 621ê

 

CHAPTER 185, AB 570

Assembly Bill No. 570–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 185

 

AN ACT relating to elections; revising the date upon which the governing body of a county or city is required to conduct a canvass of election returns; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the governing body of a county or city to complete a canvass of election returns on or before the fifth working day following an election. (NRS 267.050, 293.387, 293.393, 293C.387, 309.060, 309.335, 318.118, 539.055, 539.155, 541.360) Sections 1-2.7 of this bill amend that requirement to provide that the canvass of the election returns must be completed on or before the sixth working day following an election. Sections 3-5 and 17 of this bill amend the Charters of the Cities of Caliente, Carlin, Elko and Wells in the same manner. Sections 18-20 of this bill amend the Airport Authority Acts for Battle Mountain, Carson City and Reno-Tahoe in the same manner.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.387 is hereby amended to read as follows:

      293.387  1.  As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners, the board shall meet and canvass the returns. The canvass must be completed on or before the [fifth] sixth working day following the election.

      2.  In making its canvass, the board shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      3.  The county clerk shall, as soon as the result is declared, enter upon the records of the board an abstract of the result, which must contain the number of votes cast for each candidate. The board, after making the abstract, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:

      (a) A copy of the certified abstract; and

      (b) A mechanized report of the abstract in compliance with regulations adopted by the Secretary of State,

Ê and transmit them to the Secretary of State not more than 6 working days after the election.

      4.  The Secretary of State shall, immediately after any primary election, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.

      Sec. 1.3.  NRS 293.393 is hereby amended to read as follows:

      293.393  1.  On or before the [fifth] sixth working day after any general election or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the Legislature or any state officer who is elected statewide, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.

 


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

ê2007 Statutes of Nevada, Page 622 (Chapter 185, AB 570)ê

 

state officer who is elected statewide, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.

      2.  Abstracts of votes must be prepared in the manner prescribed by the Secretary of State by regulation.

      3.  The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county and township offices.

      4.  Each certificate must be delivered to the person elected upon application at the office of the county clerk.

      Sec. 1.7.  NRS 293C.387 is hereby amended to read as follows:

      293C.387  1.  The election returns from a special election, primary city election or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until they are canvassed by the mayor and the governing body of the city.

      2.  After the governing body of a city receives the returns from all the precincts and districts in the city, it shall meet with the mayor to canvass the returns. The canvass must be completed on or before the [fifth] sixth working day following the election.

      3.  In completing the canvass of the returns, the governing body of the city and the mayor shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      4.  After the canvass is completed, the governing body of the city and mayor shall declare the result of the canvass.

      5.  The city clerk shall enter upon the records of the governing body of the city an abstract of the result. The abstract must be prepared in the manner prescribed by regulations adopted by the Secretary of State and must contain the number of votes cast for each candidate.

      6.  After the abstract is entered, the:

      (a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them during that period, unless access is ordered by a court of competent jurisdiction or by the governing body of the city.

      (b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to:

             (1) Certify the abstract;

             (2) Make a copy of the certified abstract;

             (3) Make a mechanized report of the abstract in compliance with regulations adopted by the Secretary of State;

             (4) Transmit a copy of the certified abstract and the mechanized report of the abstract to the Secretary of State within [6] 7 working days after the election; and

             (5) Transmit on paper or by electronic means to each public library in the city, or post on a website maintained by the city or the city clerk on the Internet or its successor, if any, a copy of the certified abstract within 30 days after the election.

      7.  After the abstract of the results from a:

      (a) Primary city election has been certified, the city clerk shall certify the name of each person nominated and the name of the office for which he is nominated.

 


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

ê2007 Statutes of Nevada, Page 623 (Chapter 185, AB 570)ê

 

      (b) General city election has been certified, the city clerk shall:

             (1) Issue under his hand and official seal to each person elected a certificate of election; and

             (2) Deliver the certificate to the persons elected upon their application at the office of the city clerk.

      8.  The officers elected to the governing body of the city qualify and enter upon the discharge of their respective duties on the first regular meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2.

      Sec. 2.  NRS 267.050 is hereby amended to read as follows:

      267.050  Within [5] 6 working days after the date of the election the legislative authority of the incorporated city shall:

      1.  Meet and canvass the returns of the election.

      2.  Declare the result thereof.

      3.  Issue certificates of election to the 15 qualified electors having the highest vote therefor.

      Sec. 2.2.  NRS 309.060 is hereby amended to read as follows:

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

      Sec. 2.3.  NRS 309.335 is hereby amended to read as follows:

      309.335  At any regular or special meeting of the board held within [5] 6 working days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.

      Sec. 2.4.  NRS 318.118 is hereby amended to read as follows:

      318.118  1.  In the case of a district created wholly or in part for exterminating and abating mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica, the board may:

      (a) Take all necessary or proper steps for the extermination of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica from that territory migrate or are caused to be carried into the district;

      (b) Subject to the paramount control of any county or city in which the district has jurisdiction, abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica from that territory migrate or are caused to be carried into the district;

 


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

ê2007 Statutes of Nevada, Page 624 (Chapter 185, AB 570)ê

 

      (c) If necessary or proper, in the furtherance of the objects of this chapter, build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and acquire by purchase, condemnation or by other lawful means, in the name of the district, any lands, rights-of-way, easements, property or material necessary for any of those purposes;

      (d) Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals or ditches;

      (e) Enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica exist upon those lands;

      (f) Abate public nuisances in accordance with this chapter;

      (g) Ascertain if there has been a compliance with notices to abate the breeding of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica upon those lands;

      (h) Treat with oil, other larvicidal material, or other chemicals or other material any breeding places of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica upon those lands;

      (i) Sell or lease any land, rights-of-way, easements, property or material acquired by the district; and

      (j) Sell real property pursuant to this subsection to the highest bidder at public auction after 5 days’ notice given by publication.

      2.  In connection with the basic power stated in this section, the district may:

      (a) Levy annually a general ad valorem property tax of not exceeding:

             (1) Fifteen cents on each $100 of assessed valuation of taxable property; or

             (2) Twenty cents on each $100 of assessed valuation of taxable property if the board of county commissioners of each county in which the district is located approves such a tax in excess of 15 cents on each $100 of assessed valuation of taxable property.

      (b) Levy a tax in addition to a tax authorized in paragraph (a), if the additional tax is authorized by the qualified electors of the district, as provided in subsections 4 to 7, inclusive.

      3.  The proceeds of any tax levied pursuant to the provisions of this section must be used for purposes pertaining to the basic purpose stated in this section, including, without limitation, the establishment and maintenance of:

      (a) A cash-basis fund of not exceeding in any fiscal year 60 percent of the estimated expenditures for the fiscal year to defray expenses between the beginning of the fiscal year and the respective times tax proceeds are received in the fiscal year; and

      (b) An emergency fund of not exceeding in any fiscal year 25 percent of the estimated expenditures for the fiscal year to defray unusual and unanticipated expenses incurred during epidemics or threatened epidemics from diseases from sources which the district may exterminate or abate.

      4.  Whenever it appears to the board of a district authorized to exercise the basic power stated in subsection 1 that the amount of money required during an ensuing fiscal year will exceed the amount that can be raised by a levy permitted by paragraph (a) of subsection 2, the board may:

 


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

ê2007 Statutes of Nevada, Page 625 (Chapter 185, AB 570)ê

 

      (a) At a special election or the next primary or general election submit to the qualified electors of the district a question of whether a tax shall be voted for raising the additional money;

      (b) Provide the form of the ballot for the election, which must contain the words “Shall the district vote a tax to raise the additional sum of ........?” or words equivalent thereto;

      (c) Provide the form of the notice of the election and provide for the notice to be given by publication; and

      (d) Arrange other details in connection with the election.

      5.  A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.

      6.  Except as otherwise provided in this chapter:

      (a) The secretary of the district shall give notice of the election by publication and shall arrange such other details in connection with the election as the board may direct;

      (b) The election board officers shall conduct the election in the manner prescribed by law for the holding of general elections and shall make their returns to the secretary of the district; and

      (c) The board shall canvass the returns of the election at any regular or special meeting held within [5] 6 working days following the date of the election, or at such later time as the returns are available for canvass, and shall declare the results of the election.

      7.  If a majority of the qualified electors of the district who voted on any proposition authorizing the additional tax voted in favor of the proposition, and the board so declares the result of the election:

      (a) The district board shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount must be prorated for each county by the district board in the same way that the district’s original total estimate of money is prorated, and the district board shall furnish the board of county commissioners and auditor of each county a written statement of the apportionment for that county; and

      (b) The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county for the district.

      8.  The district shall not:

      (a) Borrow money except for medium-term obligations pursuant to chapter 350 of NRS;

      (b) Levy special assessments; or

      (c) Fix any rates, fees or other charges except as otherwise provided in this section.

 


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

ê2007 Statutes of Nevada, Page 626 (Chapter 185, AB 570)ê

 

      9.  The district may determine to cause an owner of any real property to abate any nuisance pertaining to the basic power stated in this section, after a hearing on a proposal for such an abatement and notice thereof by mail addressed to the last known owner or owners of record at his or their last known address or addresses, as ascertained from any source the board deems reliable, or in the absence of the abatement within a reasonable period fixed by the board, to cause the district to abate the nuisance, as follows:

      (a) At the hearing the district board shall redetermine whether the owner must abate the nuisance and prevent its recurrence, and shall specify a time within which the work must be completed;

      (b) If the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae, or otherwise, by taking appropriate measures to prevent the recurrence of further breeding;

      (c) The cost of abatement must be repaid to the district by the owner;

      (d) The money expended by the district in abating a nuisance or preventing its recurrence is a lien upon the property on which the nuisance is abated or its recurrence prevented;

      (e) Notice of the lien must be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within 6 months after the first item of expenditure by the board;

      (f) An action to foreclose the lien must be commenced within 6 months after the filing and recording of the notice of lien;

      (g) The action must be brought by the district board in the name of the district;

      (h) When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure must be paid to the district and the surplus, if any, must be paid to the owner of the property if known, and if not known, must be paid into the court in which the lien was foreclosed for the use of the owner if ascertained; and

      (i) The lien provisions of this section do not apply to the property of any county, city, district or other public corporation, except that the governing body of the county, city, district or other public corporation shall repay to any district exercising the basic power stated in subsection 1 the amount expended by the district upon any of its property pursuant to this chapter upon presentation by the district board of a verified claim or bill.

      Sec. 2.5.  NRS 539.055 is hereby amended to read as follows:

      539.055  1.  The board of county commissioners shall meet on [the second Monday] or before the sixth working day succeeding such election and proceed to canvass the votes cast thereat.

      2.  If upon such canvass it appears that a majority of the electors voted “Irrigation District—Yes,” the board, by an order entered upon its minutes, shall:

      (a) Declare such territory duly organized as an irrigation district under the name and style theretofore designated.

      (b) Declare the persons receiving respectively the highest number of votes for directors to be duly elected.

      (c) Cause a copy of such order and a plat of the district, each duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands is situated. Certified copies thereof shall also be filed with the county clerks of such counties.

 


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

ê2007 Statutes of Nevada, Page 627 (Chapter 185, AB 570)ê

 

      3.  Thereafter, the organization of the district shall be complete.

      Sec. 2.6.  NRS 539.155 is hereby amended to read as follows:

      539.155  1.  The returns shall be delivered to the secretary of the district. No list, tally paper or returns from any election shall be set aside or rejected for want of form if they can be satisfactorily understood.

      2.  The board of directors shall meet at its usual place of meeting on [the second Monday] or before the sixth working day after an election to canvass the returns, and it shall proceed in the same manner and with like effect, as near as may be, as the board of county commissioners in canvassing the returns of general elections.

      3.  When the board of directors shall have declared the result, the secretary shall make full entries in his record in like manner as is required of the county clerk in general elections.

      Sec. 2.7.  NRS 541.360 is hereby amended to read as follows:

      541.360  The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district. At any regular or special meeting of the board held not earlier than [5] 6 working days following the date of the election, the returns thereof must be canvassed and the results thereof declared. If any election held pursuant to NRS 541.340 is consolidated with any primary or general election, the returns thereof must be made and canvassed at the time and in the manner provided by law for the canvass of the returns of such a primary or general election. The canvassing body shall promptly certify and transmit to the board a statement of the result of the vote upon the proposition submitted pursuant to NRS 541.340. Upon receipt of the statement, the board shall tabulate and declare the results of the proposition voted on at the election.

      Sec. 3.  Section 5.100 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 67, is hereby amended to read as follows:

       Sec. 5.100  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

       1.  The election returns from any municipal election shall be filed with the City Clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the City Council.

       2.  The City Council shall meet within [5] 6 working days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the City Clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the City Council.

       3.  The City Clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.

       4.  If any election should result in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.

 


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

ê2007 Statutes of Nevada, Page 628 (Chapter 185, AB 570)ê

 

      Sec. 4.  Section 5.090 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 616, is hereby amended to read as follows:

       Sec. 5.090  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

       1.  The election returns from any municipal election shall be filed with the City Clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the Board of Councilmen.

       2.  The Board of Councilmen shall meet on or before the [first Tuesday] sixth working day after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the City Clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the Board of Councilmen.

       3.  The City Clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.

       4.  If any election should result in a tie, the Board of Councilmen shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.

      Sec. 5.  Section 5.090 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 51, Statutes of Nevada 2001, at page 464, is hereby amended to read as follows:

       Sec. 5.090  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

       1.  The election returns from a municipal election must be filed with the City Clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until the returns are canvassed by the City Council.

       2.  The City Council shall meet within [5] 6 working days after an election and canvass the returns and declare the result. The election returns must be sealed and kept by the City Clerk for 2 years, and no person may have access thereto except on order of a court of competent jurisdiction or by order of the City Council.

       3.  The City Clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first Monday in July next following their election.

       4.  If any election should result in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.

      Secs. 6-16.  (Deleted by amendment.)

 


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

ê2007 Statutes of Nevada, Page 629 (Chapter 185, AB 570)ê

 

      Sec. 17.  Section 5.090 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 470, is hereby amended to read as follows:

       Sec. 5.090  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

       1.  The election returns from any municipal election shall be filed with the City Clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the Board of Councilmen.

       2.  The Board of Councilmen shall meet on or before the [1st Tuesday] sixth working day after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the City Clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the Board of Councilmen.

       3.  The City Clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.

       4.  If any election should result in a tie, the Board of Councilmen shall summon the candidates who received the tie vote and determine the tie by lot. The Clerk shall then issue to the winner a certificate of election.

      Sec. 18.  Section 22 of the Airport Authority Act for Battle Mountain, being chapter 458, Statutes of Nevada 1983, at page 1214, is hereby amended to read as follows:

       Sec. 22.  Election: Conduct; canvass of returns; declaration of results.

       1.  The Election Board shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the Secretary of the Authority.

       2.  At any regular or special meeting of the Board of County Commissioners of Lander County held within [5] 6 working days following the date of the election, the returns thereof must be canvassed and the results thereof declared.

      Sec. 19.  Section 16 of the Airport Authority Act for Carson City, being chapter 844, Statutes of Nevada 1989, at page 2028, is hereby amended to read as follows:

       Sec. 16.  Election: Conduct; canvas of returns; declaration of results.

       1.  The Election Board shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make its returns to the Secretary of the Board.

       2.  The Board of Supervisors shall, within [5] 6 working days after the election, canvass the returns and declare the results of the election.

 


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

ê2007 Statutes of Nevada, Page 630 (Chapter 185, AB 570)ê

 

      Sec. 20.  Section 22 of the Reno-Tahoe Airport Authority Act, being chapter 474, Statutes of Nevada 1977, at page 974, is hereby amended to read as follows:

       Sec. 22.  Election: Conduct; canvass of returns; declaration of results.

       1.  The Election Board or boards shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the Secretary of the Authority.

       2.  At any regular or special meeting of the Board held within [5] 6 working days following the date of the election, the returns thereof shall be canvassed and the results thereof declared.

________

 

CHAPTER 186, AB 608

Assembly Bill No. 608–Committee on Ways and Means

 

CHAPTER 186

 

AN ACT making supplemental appropriations to the Department of Business and Industry; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

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 Business and Industry, Administration, the sum of $17,725 for Department of Information Technology charges for PC/LAN tech and Silvernet services from Fiscal Year 2003-2004. This appropriation is supplemental to that made by section 23 of chapter 327, Statutes of Nevada 2003, at page 1835, and section 24 of chapter 434, Statutes of Nevada 2005, at page 1941.

      2.  There is hereby appropriated from the State General Fund to the Consumer Affairs Division of the Department of Business and Industry the sum of $2,869 for past expenditures. This appropriation is supplemental to that made by section 23 of chapter 327, Statutes of Nevada 2003, at page 1835.

      3.  There is hereby appropriated from the State General Fund to the Nevada Athletic Commission of the Department of Business and Industry the sum of $9,446 for a shortfall that resulted from the retirement of the Executive Director. This appropriation is supplemental to that made by section 24 of chapter 434, Statutes of Nevada 2005, at page 1941.

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

________

 


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

ê2007 Statutes of Nevada, Page 631ê

 

CHAPTER 187, AB 616

Assembly Bill No. 616–Committee on Ways and Means

 

CHAPTER 187

 

AN ACT making a supplemental appropriation to the Department of Public Safety, Dignitary Protection, for unanticipated shortfalls in Fiscal Year 2006-2007 for dignitary protection; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Public Safety, Dignitary Protection, the sum of $50,240 for an unanticipated shortfall for Fiscal Year 2006-2007 for dignitary protection. This appropriation is supplemental to that made by section 30 of chapter 434, Statutes of Nevada 2005, at page 1942.

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

________

 

CHAPTER 188, SB 132

Senate Bill No. 132–Committee on Judiciary

 

CHAPTER 188

 

AN ACT relating to civil liability; revising the definition of a recreational activity for the purposes of the provision governing liability to persons using premises for a recreational activity; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      This bill amends existing law, which includes a nonexclusive list of activities that are considered recreational activities for the purposes of the provision governing liability to persons using premises for recreational activities, to provide specifically that riding a road or mountain bicycle, cross-county skiing and snowshoeing are recreational activities. (NRS 41.510)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.510 is hereby amended to read as follows:

      41.510  1.  Except as otherwise provided in subsection 3, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to keep the premises safe for entry or use by others for participating in any recreational activity, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.

 


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

ê2007 Statutes of Nevada, Page 632 (Chapter 188, SB 132)ê

 

      2.  Except as otherwise provided in subsection 3, if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities, upon his premises:

      (a) He does not thereby extend any assurance that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.

      (b) That person does not thereby acquire any property rights in or rights of easement to the premises.

      3.  This section does not:

      (a) Limit the liability which would otherwise exist for:

             (1) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.

             (2) Injury suffered in any case where permission to participate in recreational activities [,] was granted for a consideration other than the consideration, if any, paid to the landowner by the State or any subdivision thereof. For the purposes of this subparagraph, the price paid for a game tag sold pursuant to NRS 502.145 by an owner, lessee or manager of the premises shall not be deemed consideration given for permission to hunt on the premises.

             (3) Injury caused by acts of persons to whom permission to participate in recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.

      (b) Create a duty of care or ground of liability for injury to person or property.

      4.  As used in this section, “recreational activity” includes, but is not limited to:

      (a) Hunting, fishing or trapping;

      (b) Camping, hiking or picnicking;

      (c) Sightseeing or viewing or enjoying archaeological, scenic, natural or scientific sites;

      (d) Hang gliding or para-gliding;

      (e) Spelunking;

      (f) Collecting rocks;

      (g) Participation in winter sports, including cross-country skiing, snowshoeing or riding a snowmobile, or water sports;

      (h) Riding animals [or] , riding in vehicles [;] or riding a road or mountain bicycle;

      (i) Studying nature;

      (j) Gleaning;

      (k) Recreational gardening; and

      (l) Crossing over to public land or land dedicated for public use.

      Sec. 2.  The amendatory provisions of this act apply to a cause of action that accrues on or after October 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 633ê

 

CHAPTER 189, SB 182

Senate Bill No. 182–Committee on Finance

 

CHAPTER 189

 

AN ACT making a supplemental appropriation to the Department of Education, other state education programs, to fund the Counselor National Board Certification Program and teacher signing bonuses; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Education, other state education programs:

      1.  The sum of $125,000 to fund projected expenditures for the Counselor National Board Certification Program through the end of Fiscal Year 2007. This appropriation is supplemental to that made by section 15 of chapter 434, Statutes of Nevada 2005, at page 1938.

      2.  The sum of $1,496,000 to fund projected expenditures for teacher signing bonuses through the end of Fiscal Year 2007. This appropriation is supplemental to that made by section 15 of chapter 434, Statutes of Nevada 2005, at page 1938.

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

________

 

CHAPTER 190, SB 187

Senate Bill No. 187–Committee on Finance

 

CHAPTER 190

 

AN ACT making a supplemental appropriation to the Nevada Highway Patrol Division of the Department of Public Safety to pay the increased costs of vehicle fuel; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $645,946 to pay the increased costs of vehicle fuel. This appropriation is supplemental to that made by section 32 of chapter 434, Statutes of Nevada 2005, at page 1943.

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

________

 


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

ê2007 Statutes of Nevada, Page 634ê

 

CHAPTER 191, SB 339

Senate Bill No. 339–Committee on Finance

 

CHAPTER 191

 

AN ACT making supplemental appropriations to the Department of Cultural Affairs for anticipated budgetary shortfalls for Fiscal Year 2006-2007; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Cultural Affairs:

      1.  For the Nevada Historical Society of the Division of Museums and History the sum of $6,194 for an anticipated shortfall in utility costs for Fiscal Year 2006-2007.

      2.  For the Nevada State Museum in Carson City the sum of $16,566 for an anticipated shortfall in utility costs for Fiscal Year 2006-2007.

      Sec. 2.  The appropriations made in section 1 of this act are supplemental to those made in section 19 of chapter 434, Statutes of Nevada 2005, at page 1939.

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

________

 

CHAPTER 192, SB 340

Senate Bill No. 340–Committee on Finance

 

CHAPTER 192

 

AN ACT making a supplemental appropriation to the Department of Taxation for outstanding Fiscal Year 2005-2006 information technology costs; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Taxation the sum of $208,573 for outstanding Fiscal Year 2005-2006 information technology costs. This appropriation is supplemental to that made by section 9 of chapter 434, Statutes of Nevada 2005, at page 1937.

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

________

 


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

ê2007 Statutes of Nevada, Page 635ê

 

CHAPTER 193, SB 456

Senate Bill No. 456–Committee on Finance

 

CHAPTER 193

 

AN ACT relating to technology; extending the date for the reversion of a portion of the appropriation made by the 2005 Legislature to the Department of Administration for the digital microwave project; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the 2005 Legislature made an appropriation from the State Highway Fund to the Department of Administration for information technology projects, and provided for the reversion to that Fund of any portion of that appropriation which has not been committed for expenditure by June 30, 2007. (Chapter 434, Statutes of Nevada 2005, pp. 1943, 1948) This bill extends the reversion date to June 30, 2009, for the unexpended portion of that appropriation designated for expenditure on the digital microwave project.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 32 of chapter 434, Statutes of Nevada 2005, at page 1943, is hereby amended to read as follows:

       Sec. 32.  1.  The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for the fiscal years beginning July 1, 2005, and ending June 30, 2006, and beginning July 1, 2006, and ending June 30, 2007:

             Department of Motor Vehicles:

                   Director’s Office............................................................. $3,717,623............................. $3,716,160

                   Administrative Services.................................................. 4,282,688................................ 5,322,554

                   Hearings Office................................................................ 1,005,118................................... 977,690

                   Automation....................................................................... 3,852,685................................ 3,576,713

                   Field services................................................................... 16,037,073............................. 14,990,320

                   Compliance enforcement............................................... 3,161,502................................ 3,099,163

                   Central services................................................................ 7,209,673................................ 7,206,679

                   Management services..................................................... 2,003,298................................ 2,002,089

                   Motor carrier..................................................................... 2,738,185................................ 2,762,426

             Department of Public Safety:

                   Training Division.............................................................. 1,382,688................................ 1,593,330

                   Highway Patrol.............................................................. 57,691,377............................. 55,036,790

                   Highway safety plan & administration........................... 194,105............................... 213,662

                   Division of Investigations.................................................. 354,553................................... 299,214

                   State Emergency Response Commission....................... 317,471............................... 308,295

             Department of Business and Industry:

                    Transportation Services Authority................................ 2,105,265............................ 2,229,396

 


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

ê2007 Statutes of Nevada, Page 636 (Chapter 193, SB 456)ê

 

             Department of Administration:

                    Information Technology Projects.............................. $3,147,920.......................................... $4,172,823

                   Buildings and Grounds....................................................... 150,000............................................................. 0

             Legislative Fund, Legislative Commission................................ 7,500..................................................... 7,500

       2.  Any remaining balance of that portion of the appropriation made by subsection 1 to the Department of Administration for information technology projects which is designated for the digital microwave project must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of that appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 18, 2009.

      Sec. 2.  Section 54 of chapter 434, Statutes of Nevada 2005, at page 1948, is hereby amended to read as follows:

       Sec. 54.  1.  Except as otherwise provided in sections 32, 51 and 66 of this act, unencumbered balances of the appropriations made in this act for the Fiscal Years 2005-2006 and 2006-2007 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2 [,] and section 32 of this act, unencumbered balances of these appropriations revert to the fund from which appropriated on or before September 15, 2006, and September 21, 2007, of each fiscal year, respectively.

       2.  Any encumbered balance of the appropriations made to the Legislative Fund by section 10 of this act does not revert to the State General Fund but constitutes a balance carried forward.

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

________

 

CHAPTER 194, SB 470

Senate Bill No. 470–Committee on Finance

 

CHAPTER 194

 

AN ACT relating to state financial administration; extending the reversion date of the appropriation made during the 73rd Session of the Nevada Legislature to the Interim Finance Committee for allocation to the Department of Business and Industry for the Integrated Consumer Affairs Tracking System; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 


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

ê2007 Statutes of Nevada, Page 637 (Chapter 194, SB 470)ê

 

Legislative Counsel’s Digest:

      The 73rd Session of the Nevada Legislature made an appropriation to the Interim Finance Committee for allocation to the Department of Business and Industry for the Integrated Consumers Affairs Tracking System. (Chapter 434, Statutes of Nevada 2005, p. 1945) This bill extends the reversion date for the appropriation from June 30, 2007, to June 30, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 39 of chapter 434, Statutes of Nevada 2005, at page 1945, is hereby amended to read as follows:

       Sec. 39.  1.  There is hereby appropriated from the State General Fund the sum of $933,916 to the Interim Finance Committee for allocation to the Information Technology Projects account within the Department of Administration for the following technology projects:

       (a) Department of Agriculture, License Payment System $278,201

       (b) Department of Business and Industry, Integrated Consumer Affairs Tracking System              $341,096

       (c) Department of Business and Industry, Labor Commissioner Wage Claim System      $259,619

       (d) Department of Conservation and Natural Resources, Division of Water Resources Video Conferencing System       $55,000

       2.  Amounts appropriated pursuant to subsection 1 may only be allocated by the Interim Finance Committee upon submittal of a detailed project plan, including cost estimates, based on the results of a requirements study, gap analysis and/or request for proposal as appropriate.

       3.  Any remaining balance of the sums appropriated by paragraphs (a), (c) and (d) of subsection 1 must not be allocated by the Interim Finance Committee after June 30, 2007, and reverts to the State General Fund as soon as all payments of money committed have been made. Any remaining balance of the sum appropriated by paragraph (b) of subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

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

________

 


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

ê2007 Statutes of Nevada, Page 638ê

 

CHAPTER 195, SB 495

Senate Bill No. 495–Committee on Legislative Operations and Elections

 

CHAPTER 195

 

AN ACT relating to ethics in government; revising provisions concerning the filing of disclosures of certain representation; authorizing the imposition of a penalty against a public officer or employee who realizes financial benefit from an ethics violation; revising the penalty for the acceptance or receipt of an honorarium; and providing other matters properly relating thereto.

 

[Approved: May 29, 2007]

 

Legislative Counsel’s Digest:

      The Nevada Ethics in Government Law sets forth standards for the conduct of public officers and employees, which standards are interpreted and enforced by the Commission on Ethics. (NRS 281.411-281.581) Section 18 of this bill requires the Legislative Counsel to move those provisions of NRS to a new chapter of NRS to be numbered 281A which will include the provisions currently codified as NRS 281.411 to 281.581, inclusive.

      Section 10 of this bill moves the deadline for the annual filing of a disclosure of representation before certain agencies by certain public officers and employees from January 10 to January 15, which is consistent with the deadlines by which statements of financial disclosure are required to be filed. (NRS 281.491, 281.559, 281.561)

      Under existing law, if a violation of the ethics provisions by a current or former public officer or employee results in the realization by another person of a financial benefit, the Commission is authorized to impose an additional civil penalty against the officer or employee. (NRS 281.551) Section 14 of this bill authorizes the imposition of such an additional penalty if the public officer or employee that committed the violation realizes any financial benefit.

      Under existing law, a public officer or employee who accepts or receives an honorarium is guilty of a gross misdemeanor. (NRS 281.553) Section 16 of this bill removes the criminal penalty and makes the punishment for such a violation a civil penalty, which is the same penalty as for violations of the other ethics provisions.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-9.  (Deleted by amendment.)

      Sec. 10.  NRS 281.491 is hereby amended to read as follows:

      281.491  In addition to the requirements of the code of ethical standards:

      1.  A member of the Executive Branch or public employee of the Executive Branch shall not accept compensation from any private person to represent or counsel him on any issue pending before the agency in which that officer or employee serves, if the agency makes decisions. Any such officer or employee who leaves the service of the agency shall not, for 1 year after leaving the service of the agency, represent or counsel for compensation a private person upon any issue which was under consideration by the agency during his service. As used in this subsection, “issue” includes a case, proceeding, application, contract or determination, but does not include the proposal or consideration of legislative measures or administrative regulations.

      2.  A member of the Legislative Branch, or a member of the Executive Branch or public employee whose public service requires less than half of his time, may represent or counsel a private person before an agency in which he does not serve.

 


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

ê2007 Statutes of Nevada, Page 639 (Chapter 195, SB 495)ê

 

time, may represent or counsel a private person before an agency in which he does not serve. Any other member of the Executive Branch or public employee shall not represent a client for compensation before any state agency of the Executive or Legislative Branch of government.

      3.  Not later than January [10] 15 of each year, any Legislator or other public officer who has, within the preceding year, represented or counseled a private person for compensation before a state agency of the Executive Branch shall disclose for each such representation or counseling during the previous calendar year:

      (a) The name of the client;

      (b) The nature of the representation; and

      (c) The name of the state agency.

Ê The disclosure must be made in writing and filed with the Commission, on a form prescribed by the Commission. The Commission shall retain a disclosure filed pursuant to this subsection for 6 years after the date on which the disclosure was filed.

      Secs. 11-13.  (Deleted by amendment.)

      Sec. 14.  NRS 281.551 is hereby amended to read as follows:

      281.551  1.  In addition to any other penalty provided by law, the Commission may impose on a public officer or employee or former public officer or employee civil penalties:

      (a) Not to exceed $5,000 for a first willful violation of [this chapter;] NRS 281.411 to 281.581, inclusive;

      (b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of [this chapter;] NRS 281.411 to 281.581, inclusive; and

      (c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation of [this chapter.] NRS 281.411 to 281.581, inclusive.

      2.  In addition to other penalties provided by law, the Commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511 against a person who prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of [this chapter.] NRS 281.411 to 281.581, inclusive.

      3.  If the Commission finds that a violation of a provision of [this chapter] NRS 281.411 to 281.581, inclusive, by a public officer or employee or former public officer or employee has resulted in the realization of a financial benefit by the current or former public officer or employee or another person , [of a financial benefit,] the Commission may, in addition to other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

      4.  If the Commission finds that:

      (a) A willful violation of [this chapter] NRS 281.411 to 281.581, inclusive, has been committed by a public officer removable from office by impeachment only, the Commission shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.

      (b) A willful violation of [this chapter] NRS 281.411 to 281.581, inclusive, has been committed by a public officer removable from office pursuant to NRS 283.440, the Commission may file a proceeding in the appropriate court for removal of the officer.

 


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

ê2007 Statutes of Nevada, Page 640 (Chapter 195, SB 495)ê

 

pursuant to NRS 283.440, the Commission may file a proceeding in the appropriate court for removal of the officer.

      (c) Three or more willful violations have been committed by a public officer removable from office pursuant to NRS 283.440, the Commission shall file a proceeding in the appropriate court for removal of the officer.

      5.  An action taken by a public officer or employee or former public officer or employee relating to NRS [281.481, 281.491, 281.501 or 281.505] 281.411 to 281.581, inclusive, is not a willful violation of a provision of those sections if the public officer or employee establishes by sufficient evidence that he satisfied all of the following requirements:

      (a) He relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee or upon the manual published by the Commission pursuant to NRS 281.471;

      (b) He was unable, through no fault of his own, to obtain an opinion from the Commission before the action was taken; and

      (c) He took action that was not contrary to a prior published opinion issued by the Commission.

      6.  In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS [281.481, 281.491, 281.501 or 281.505] 281.411 to 281.581, inclusive, is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

      7.  The provisions of NRS [281.481 to 281.541,] 281.411 to 281.581, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees. If the Commission finds that a public officer or employee has committed a willful violation of [this chapter] NRS 281.411 to 281.581, inclusive, which it believes may also constitute a criminal offense, the Commission shall refer the matter to the Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.

      8.  The imposition of a civil penalty pursuant to subsection 1, 2 or 3 is a final decision for the purposes of judicial review.

      9.  A finding by the Commission that a public officer or employee has violated any provision of [this chapter] NRS 281.411 to 281.581, inclusive, must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  NRS 281.553 is hereby amended to read as follows:

      281.553  1.  A public officer or public employee shall not accept or receive an honorarium.

      2.  An honorarium paid on behalf of a public officer or public employee to a charitable organization from which the officer or employee does not derive any financial benefit is deemed not to be accepted or received by the officer or employee for the purposes of this section.

      3.  This section does not prohibit:

      (a) The receipt of payment for work performed outside the normal course of a person’s public office or employment if the performance of that work is consistent with the applicable policies of his public employer regarding supplemental employment.

 


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

ê2007 Statutes of Nevada, Page 641 (Chapter 195, SB 495)ê

 

      (b) The receipt of an honorarium by the spouse of a public officer or public employee if it is related to the spouse’s profession or occupation.

      4.  As used in this section, “honorarium” means the payment of money or anything of value for an appearance or speech by the public officer or public employee in his capacity as a public officer or public employee. The term does not include the payment of:

      (a) The actual and necessary costs incurred by the public officer or public employee, his spouse or his aid for transportation and for lodging and meals while the public officer or public employee is away from his residence.

      (b) Compensation which would otherwise have been earned by the public officer or public employee in the normal course of his public office or employment.

      (c) A fee for a speech related to the officer’s or employee’s profession or occupation outside of his public office or employment if:

             (1) Other members of the profession or occupation are ordinarily compensated for such a speech; and

             (2) The fee paid to the public officer or public employee is approximately the same as the fee that would be paid to a member of the private sector whose qualifications are similar to those of the officer or employee for a comparable speech.

      (d) A fee for a speech delivered to an organization of legislatures, legislators or other elected officers.

      5.  [A] In addition to any other penalty imposed pursuant to NRS 281.551, a public officer or public employee who violates the provisions of this section [is guilty of a gross misdemeanor and, upon conviction, forfeits] shall forfeit the amount of the honorarium.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, move NRS 281.411 to 281.581, inclusive, to a new chapter of NRS to be numbered chapter 281A of NRS, preserving as much of the existing numbering as practicable, and appropriately change any internal references to reflect the change in location and numbering.

      2.  In preparing the supplements to the Nevada Administrative Code, appropriately change any references to NRS 281.411 to 281.581, inclusive, to reflect the change in the location and numbering of the provisions.

________

 


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

ê2007 Statutes of Nevada, Page 642ê

 

CHAPTER 196, SB 10

Senate Bill No. 10–Senator Cegavske

 

CHAPTER 196

 

AN ACT relating to crimes; prohibiting a person from knowingly and intentionally capturing an image of the private area of another person under certain circumstances; prohibiting a person from knowingly distributing, disclosing, displaying, transmitting or publishing an image captured under such circumstances; prohibiting the inspection or release of such images under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      This bill, which is patterned after similar provisions of federal law, prohibits a person from knowingly and intentionally capturing an image of the private area of another person without the consent of the other person and under circumstances in which the other person has a reasonable expectation of privacy. This bill also prohibits a person from distributing, disclosing, displaying, transmitting or publishing an image that the person knows or has reason to know was made under such circumstances. A person who violates either provision for a first offense is guilty of a gross misdemeanor and for a second or subsequent offense is guilty of a category E felony. This bill does not prohibit any lawful law enforcement or correctional activity for the purpose of investigating or prosecuting such violations, but this bill does prohibit the inspection or release of such images under certain circumstances to protect the privacy of the victim.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, a person shall not knowingly and intentionally capture an image of the private area of another person:

      (a) Without the consent of the other person; and

      (b) Under circumstances in which the other person has a reasonable expectation of privacy.

      2.  Except as otherwise provided in subsection 4, a person shall not distribute, disclose, display, transmit or publish an image that the person knows or has reason to know was made in violation of subsection 1.

      3.  A person who violates this section:

      (a) For a first offense, is guilty of a gross misdemeanor.

      (b) For a second or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      4.  This section does not prohibit any lawful law enforcement or correctional activity, including, without limitation, capturing, distributing, disclosing, displaying, transmitting or publishing an image for the purpose of investigating or prosecuting a violation of this section.

      5.  If a person is charged with a violation of this section, any image of the private area of a victim that is contained within:

 


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

ê2007 Statutes of Nevada, Page 643 (Chapter 196, SB 10)ê

 

      (a) Court records;

      (b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;

      (c) Records of criminal history, as that term is defined in NRS 179A.070; and

      (d) Records in the Central Repository for Nevada Records of Criminal History,

Ê is confidential and, except as otherwise provided in subsections 6 and 7, must not be inspected by or released to the general public.

      6.  An image that is confidential pursuant to subsection 5 may be inspected or released:

      (a) As necessary for the purposes of investigation and prosecution of the violation;

      (b) As necessary for the purpose of allowing a person charged with a violation of this section and his attorney to prepare a defense; and

      (c) Upon authorization by a court of competent jurisdiction as provided in subsection 7.

      7.  A court of competent jurisdiction may authorize the inspection or release of an image that is confidential pursuant to subsection 5, upon application, if the court determines that:

      (a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the inspection or release; and

      (b) Reasonable notice of the application and an opportunity to be heard have been given to the victim.

      8.  As used in this section:

      (a) “Broadcast” means to transmit electronically an image with the intent that the image be viewed by any other person.

      (b) “Capture,” with respect to an image, means to videotape, photograph, film, record by any means or broadcast.

      (c) “Female breast” means any portion of the female breast below the top of the areola.

      (d) “Private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast of a person.

      (e) “Under circumstances in which the other person has a reasonable expectation of privacy” means:

             (1) Circumstances in which a reasonable person would believe that he could disrobe in privacy, without being concerned that an image of his private area would be captured; or

             (2) Circumstances in which a reasonable person would believe that his private area would not be visible to the public, regardless of whether he is in a public or private place.

________

 


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

ê2007 Statutes of Nevada, Page 644ê

 

CHAPTER 197, SB 293

Senate Bill No. 293–Senators Cegavske, Nolan, Coffin, Hardy, Heck, Mathews, McGinness, Raggio, Wiener and Woodhouse

 

CHAPTER 197

 

AN ACT relating to motor vehicles; revising certain restrictions imposed on driver’s licenses held by minors; providing that under certain circumstances a parent or legal guardian of a minor who commits certain traffic violations is liable for the monetary penalties and restitution imposed on the minor for the violations; providing that such a parent or legal guardian may be required to perform community service if unable to pay the monetary penalties or restitution because of financial hardship; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Existing law prohibits a person who is 16 or 17 years of age who obtains a driver’s license from transporting a passenger under 18 years of age who is not a member of his immediate family during the first 3 months after the license is issued. (NRS 483.2523) Section 1 of this bill increases from 3 months to 6 months the time during which a person who is 16 or 17 years of age who obtains a driver’s license must abide by this provision.

      Under existing law, if a child is adjudicated delinquent for committing certain unlawful acts, the juvenile court may hold the parent or legal guardian of the child liable for any monetary penalties and restitution imposed on the child. (Chapter 62E of NRS) Sections 3 and 4 of this bill require the juvenile court to hold the parent or legal guardian of a child liable for any monetary penalties and restitution imposed on the child if the parent or guardian knowingly and willfully allows the child to operate a motor vehicle without a valid driver’s license or instruction permit or in violation of any restrictions imposed on a valid driver’s license or instruction permit held by the child. This bill also provides that a court may order the parent or legal guardian to perform community service if the parent or legal guardian is unable to pay the monetary penalties or restitution because of financial hardship.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.2523 is hereby amended to read as follows:

      483.2523  1.  A person to whom a driver’s license is issued pursuant to NRS 483.2521 shall not, during the first [3] 6 months after the date on which the driver’s license is issued, transport as a passenger a person who is under 18 years of age, unless the person is a member of his immediate family.

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

      (a) For a first offense, must be ordered to comply with the provisions of this section for 6 months after the date on which the driver’s license is issued.

      (b) For a second or subsequent offense, must be ordered to:

             (1) Pay a fine in an amount not to exceed $250;

             (2) Comply with the provisions of this section for such additional time as determined by the court; or

             (3) Both pay such a fine and comply with the provisions of this section for such additional time as determined by the court.

 


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

ê2007 Statutes of Nevada, Page 645 (Chapter 197, SB 293)ê

 

      3.  A violation of this section:

      (a) Is not a moving traffic violation for the purposes of NRS 483.473; and

      (b) Is not grounds for suspension or revocation of the driver’s license for the purposes of NRS 483.360.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  Chapter 62E of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the juvenile court:

      (a) Adjudicates a child delinquent for the unlawful act of operating a motor vehicle without a valid driver’s license or instruction permit for the type or class of vehicle being driven or in violation of any restrictions imposed on a valid driver’s license or instruction permit held by the child; and

      (b) Finds that the parent or guardian of the child knowingly and willfully allowed the child to operate the vehicle without a valid driver’s license or instruction permit for the type or class of vehicle being driven or in violation of any restrictions imposed on a valid driver’s license or instruction permit held by the child,

Ê the juvenile court shall order the parent or guardian of the child to be held jointly and severally liable with the child for all fines, fees, assessments and other monetary penalties and any restitution imposed on the child for the unlawful act and any other traffic offense committed by the child while operating the vehicle, including, without limitation, any other traffic offense in violation of chapter 483 or 484 of NRS.

      2.  If, because of financial hardship, the parent or guardian is unable to pay any fine, fee, assessment or other monetary penalty or any restitution that the juvenile court imposes on the parent or guardian pursuant to this section, the juvenile court may order the parent or guardian to perform community service.

      3.  As used in this section, “juvenile court” means:

      (a) The juvenile court; or

      (b) The justice court or municipal court if the juvenile court has transferred the case and record to the justice court or municipal court pursuant to NRS 62B.380.

      Sec. 4.  NRS 62E.500 is hereby amended to read as follows:

      62E.500  1.  The provisions of NRS 62E.500 to 62E.730, inclusive [:] and section 3 of this act:

      (a) Apply to the disposition of a case involving a child who is adjudicated delinquent.

      (b) Except as otherwise provided in NRS 62E.700 [,] and section 3 of this act, do not apply to the disposition of a case involving a child who is found to have committed a minor traffic offense.

      2.  If a child is adjudicated delinquent:

      (a) The juvenile court may issue any orders or take any actions set forth in NRS 62E.500 to 62E.730, inclusive, and section 3 of this act that the juvenile court deems proper for the disposition of the case; and

      (b) If required by a specific statute, the juvenile court shall issue the appropriate orders or take the appropriate actions set forth in the statute.

________

 


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

ê2007 Statutes of Nevada, Page 646ê

 

CHAPTER 198, SB 243

Senate Bill No. 243–Committee on Judiciary

 

CHAPTER 198

 

AN ACT relating to civil actions; requiring an affidavit and a report in an action against certain design professionals involving nonresidential construction; requiring a court to dismiss such an action if the attorney filing the action fails to file the affidavit or report or fails to name the expert consulted in the affidavit; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires an attorney who files a civil action against certain design professionals for a constructional defect in a residence on behalf of the plaintiff to file an affidavit with the court at the same time the attorney serves the first pleading in the action. The affidavit must state that the attorney has reviewed the facts of the case, has consulted with an expert who the attorney believes is knowledgeable in the discipline relevant to the action and has concluded that the action has a reasonable basis in law and fact. In addition to the affidavit, the attorney must submit a report prepared by the expert that includes, among other things, the expert’s resume, a copy of each nonprivileged document reviewed by the expert in preparing the report, the expert’s conclusions and a statement that the expert has concluded that there is a reasonable basis for filing the action. (NRS 40.6884) If the attorney fails to file the affidavit or report or fails to name in the affidavit the expert consulted, the court is required to dismiss the action. (NRS 40.6885)

      This bill establishes similar requirements for an attorney in an action against certain design professionals involving nonresidential construction.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 11 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  1.  “Action involving nonresidential construction” means an action that:

      (a) Is commenced against a design professional; and

      (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance, including, without limitation, the design, construction, manufacture, repair or landscaping of a new nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance.

Ê The term includes, without limitation, an action for professional negligence.

      2.  As used in this section:

      (a) “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more nonresidential buildings or structures, but is not a part of the nonresidential building or structure.

 


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

ê2007 Statutes of Nevada, Page 647 (Chapter 198, SB 243)ê

 

nonresidential building or structure. The term includes, without limitation, the parcel of real property, recreational facilities, walls, sidewalks, driveways, landscaping and other structures, installations, facilities and amenities associated with or benefiting one or more nonresidential buildings or structures.

      (b) “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture.

      Sec. 4.  “Complainant” means a person who files an action involving nonresidential construction.

      Sec. 5.  1.  Except as otherwise provided in subsection 2, in an action involving nonresidential construction, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

      (a) Has reviewed the facts of the case;

      (b) Has consulted with an expert;

      (c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

      (d) Has concluded on the basis of his review and the consultation with the expert that the action has a reasonable basis in law and fact.

      2.  The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if he could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, he shall file an affidavit concurrently with the service of the first pleading in the action stating his reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.

      3.  In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and must include, without limitation:

      (a) The resume of the expert;

      (b) A statement that the expert is experienced in each discipline which is the subject of the report;

      (c) A copy of each nonprivileged document reviewed by the expert in preparing his report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

      (d) The conclusions of the expert and the basis for the conclusions; and

      (e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

      4.  In an action in which an affidavit is required to be filed pursuant to subsection 1:

      (a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the complainant or his attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

 


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

ê2007 Statutes of Nevada, Page 648 (Chapter 198, SB 243)ê

 

efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

      (b) The complainant or his attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

      (c) The court may dismiss the action if the complainant and his attorney fail to comply with the requirements of paragraph (b).

      5.  An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.

      6.  As used in this section, “expert” means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

      Sec. 6.  1.  The court shall dismiss an action involving nonresidential construction if the attorney for the complainant fails to:

      (a) File an affidavit required pursuant to section 5 of this act;

      (b) File a report required pursuant to subsection 3 of section 5 of this act; or

      (c) Name the expert consulted in the affidavit required pursuant to subsection 1 of section 5 of this act.

      2.  The fact that an attorney for a complainant has complied or failed to comply with the provisions of sections 2 to 6, inclusive, of this act is admissible in the action.

      Sec. 7.  The provisions of this act apply to an action commenced on or after October 1, 2007.

________

 

CHAPTER 199, AB 42

Assembly Bill No. 42–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 199

 

AN ACT relating to agriculture; clarifying the authority of the State Department of Agriculture to apply for or accept any gifts, grants, donations or contributions from any source in the administration of various programs by the Department; authorizing the Department to make certain grants or subgrants in the administration of those programs; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      This bill clarifies the authority of the State Department of Agriculture to apply for or accept any gifts, grants, donations or contributions from any source, and authorizes the Department, in the administration of a program by the Department, to make a grant or subgrant of money to those departments, agencies, political subdivisions, corporations or natural persons.

 


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

ê2007 Statutes of Nevada, Page 649 (Chapter 199, AB 42)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 561.245 is hereby amended to read as follows:

      561.245  In the administration of various programs by the Department as provided by law, the Department may [cooperate,] :

      1.  Cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this State, a public or private corporation, a natural person [,] or a group of natural persons . [, but such] The cooperation does not relieve any person, department, agency, corporation or political subdivision of any responsibility or liability existing under any provision of law.

      2.  In addition to any money or other contribution accepted pursuant to NRS 561.255, apply for or accept any gifts, grants, donations or contributions from any source.

      3.  Except as otherwise provided in NRS 561.335 and 561.355, make grants or subgrants of money to any person, department, agency, corporation or political subdivision specified in subsection 1.

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

________

 

CHAPTER 200, AB 56

Assembly Bill No. 56–Committee on Commerce and Labor

 

CHAPTER 200

 

AN ACT relating to contractors; revising the administrative penalties that may be imposed against a contractor who knowingly enters into a contract with an unlicensed contractor; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a contractor who knowingly enters into a contract with an unlicensed contractor may be punished by the imposition of an administrative fine of not more than $50,000. (NRS 624.300, 624.3015) This bill revises the administrative penalties that may be imposed against a contractor who enters into such a contract by requiring the imposition of an administrative fine and providing for the suspension or revocation of his license.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 624.300 is hereby amended to read as follows:

      624.300  1.  Except as otherwise provided in subsections 3 and [4,] 5, the Board may:

      (a) Suspend or revoke licenses already issued;

      (b) Refuse renewals of licenses;

      (c) Impose limits on the field, scope and monetary limit of the license;

      (d) Impose an administrative fine of not more than $10,000;

 


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

ê2007 Statutes of Nevada, Page 650 (Chapter 200, AB 56)ê

 

      (e) Order a licensee to repay to the account established pursuant to NRS 624.470, any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee;

      (f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

             (1) Perform the corrective work himself;

             (2) Hire and pay another licensee to perform the corrective work; or

             (3) Pay to the owner of the construction project a specified sum to correct the condition; or

      (g) Issue a public reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

Ê if the licensee commits any act which constitutes a cause for disciplinary action.

      2.  If the Board suspends or revokes the license of a contractor for failure to establish financial responsibility, the Board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the Board, not to exceed 12 months, be separately covered by a bond or bonds approved by the Board and conditioned upon the performance of and the payment of labor and materials required by the contract.

      3.  If a licensee violates [the] :

      (a) The provisions of NRS 624.3014, subsection 2 or 3 of NRS 624.3015, subsection 1 of NRS 624.302 or subsection 1 of NRS 624.305, the Board may impose for each violation an administrative fine in an amount that is not more than $50,000.

      (b) The provisions of subsection 4 of NRS 624.3015:

             (1) For a first offense, the Board shall impose an administrative fine of not less than $1,000 and not more than $50,000, and may suspend the license of the licensee for 6 months;

             (2) For a second offense, the Board shall impose an administrative fine of not less than $5,000 and not more than $50,000, and may suspend the license of the licensee for 1 year; and

             (3) For a third or subsequent offense, the Board shall impose an administrative fine of not less than $10,000 and not more than $50,000, and may revoke the license of the licensee.

      4.  The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to [this subsection.] subsection 3. The standards must include, without limitation, provisions requiring the Board to consider:

      (a) The gravity of the violation;

      (b) The good faith of the licensee; and

      (c) Any history of previous violations of the provisions of this chapter committed by the licensee.

      [4.] 5.  If a licensee is prohibited from being awarded a contract for a public work pursuant to NRS 338.017, the Board may suspend the license of the licensee for the period of the prohibition.

      [5.] 6.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the Board from taking disciplinary action.

 


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

ê2007 Statutes of Nevada, Page 651 (Chapter 200, AB 56)ê

 

      [6.] 7.  If the Board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the Board from taking disciplinary action pursuant to this section.

      [7.] 8.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      [8.] 9.  The Board shall not issue a private reprimand to a licensee.

      [9.] 10.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      [10.] 11.  An administrative fine imposed pursuant to this section, NRS 624.341 or 624.710 plus interest at a rate that is equal to the prime rate at the largest bank in this State, as determined by the Commissioner of Financial Institutions on January 1 or July 1, as appropriate, immediately preceding the date of the order imposing the administrative fine, plus 4 percent, must be paid to the Board before the issuance or renewal of a license to engage in the business of contracting in this State. The interest must be collected from the date of the order until the date the administrative fine is paid.

      [11.] 12.  All fines and interest collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

      Sec. 2.  NRS 624.3015 is hereby amended to read as follows:

      624.3015  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

      1.  Acting in the capacity of a contractor beyond the scope of the license.

      2.  Bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the Board.

      3.  Knowingly bidding to contract or entering into a contract with a contractor for work in excess of his limit or beyond the scope of his license.

      4.  Knowingly entering into a contract with a contractor while that contractor is not licensed . [, or bidding to contract or entering into a contract with a contractor for work in excess of his limit or beyond the scope of his license.

      4.] 5.  Constructing or repairing a mobile home, manufactured home or commercial coach, unless the contractor:

      (a) Is licensed pursuant to NRS 489.311; or

      (b) Owns, leases or rents the mobile home, manufactured home or commercial coach.

      [5.] 6.  Engaging in any work or activities that require a contractor’s license while the license is placed on inactive status pursuant to NRS 624.282.

________

 


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

ê2007 Statutes of Nevada, Page 652ê

 

CHAPTER 201, AB 68

Assembly Bill No. 68–Committee on Health and Human Services

 

CHAPTER 201

 

AN ACT relating to public health; expanding the grounds for which the Health Division of the Department of Health and Human Services is authorized to deny, suspend or revoke a license to operate certain medical and care facilities and agencies; expanding the grounds for which termination of an employee or independent contractor of such a facility or agency is required; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, grounds for which the Health Division of the Department of Health and Human Services may deny, suspend or revoke a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups include conviction of certain crimes by the applicant or licensee or continued employment by the licensee of persons convicted of those crimes. In addition, grounds for which the Health Division may deny, suspend or revoke a license to operate an agency to provide personal care services in the home or an agency to provide nursing in the home include continued employment by the licensee of a person convicted of certain crimes. (NRS 449.160, 449.188) If the administrator of, or the person licensed to operate, such a facility or agency receives information or evidence that an employee or independent contractor has been convicted of certain crimes, the administrator or licensee is required to terminate the employment or contract of that person. (NRS 449.185) This bill expands the list of crimes for which such action is authorized or required to include the abuse, neglect, exploitation or isolation of elderly or vulnerable persons, violations of provisions relating to the State Plan for Medicaid, and any criminal act concerning Medicaid or Medicare.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.188 is hereby amended to read as follows:

      449.188  1.  In addition to the grounds listed in NRS 449.160, the Health Division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:

      (a) The applicant or licensee has been convicted of:

             (1) Murder, voluntary manslaughter or mayhem;

             (2) Assault with intent to kill or to commit sexual assault or mayhem;

             (3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

             (4) Abuse or neglect of a child or contributory delinquency;

             (5) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

             (6) [A] Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS [200.50955 or 200.5099;] 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

 


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

ê2007 Statutes of Nevada, Page 653 (Chapter 201, AB 68)ê

 

provision of NRS [200.50955 or 200.5099;] 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

             (7) A violation of any provision of law relating to the State Plan for Medicaid, including, without limitation, a violation of any provision of NRS 422.450 to 422.590, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

             (8) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

             (9) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

             [(8)] (10) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

      (b) The licensee has , in violation of NRS 449.185, continued to employ a person who has been convicted of a crime listed in paragraph (a).

      2.  In addition to the grounds listed in NRS 449.160, the Health Division may deny a license to operate an agency to provide personal care services in the home or an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has , in violation of NRS 449.185, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      3.  As used in this section:

      (a) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (b) “Medicare” has the meaning ascribed to it in NRS 439B.130.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 202, AB 215

Assembly Bill No. 215–Committee on Commerce and Labor

 

CHAPTER 202

 

AN ACT relating to financial institutions; limiting interstate banking by an out-of-state depository institution that establishes or acquires a branch office in certain counties pursuant to certain statutory provisions; authorizing certain out-of-state depository institutions to issue a credit card under certain circumstances; prohibiting the issuer of a credit card from increasing the rate of interest it charges to a cardholder under certain circumstances; requiring the issuer of a credit card to provide certain information to credit reporting agencies under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 


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

ê2007 Statutes of Nevada, Page 654 (Chapter 202, AB 215)ê

 

Legislative Counsel’s Digest:

      Existing law provides limitations upon banking in this State by out-of-state depository institutions and out-of-state holding companies. (Chapter 666 of NRS) An exception to these limitations allows the establishment of a branch office or the acquisition of an existing branch of a depository institution in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties). (NRS 666.410) Section 1 of this bill provides that an out-of-state depository institution that establishes or acquires a branch office pursuant to this exception is still considered an out-of-state depository institution for the purposes of all other provisions limiting interstate banking. Section 1 also provides that an out-of-state depository institution that has established or acquired, or been approved to establish or acquire, a branch pursuant to this exception may also establish or acquire a branch in a county whose population is 100,000 or more, but only so long as the out-of-state depository institution continues to operate a branch in a county whose population is less than 100,000.

      Existing law governs the issuance of credit cards by financial institutions in this State. (Chapter 97A of NRS) Section 1.4 of this bill prohibits the issuer of a credit card from increasing the interest rate it charges a cardholder based upon a late payment by the cardholder to an unrelated credit card issuer or creditor. Section 1.4 also prohibits a credit card issuer from including a universal default clause in a contract or other agreement relating to a credit card account. Section 1.6 of this bill prohibits the issuer of a credit card from prohibiting or attempting to prohibit a merchant from offering a discount to a customer to induce the customer to pay for goods or services by cash, check or other means instead of with a credit card. Section 1.8 of this bill provides that if a cardholder voluntarily closes a credit card account to avoid a change in the terms or conditions of the account made by the issuer of the credit card, the issuer must notify any credit reporting agency to which it provides information concerning the cardholder’s account that the closure of the account was voluntary on the part of the cardholder.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 666.410 is hereby amended to read as follows:

      666.410  1.  An out-of-state depository institution without a branch in Nevada or an out-of-state holding company without a depository institution in Nevada may not establish a de novo branch in this State or acquire, through merger or otherwise, a branch of a depository institution in Nevada without acquiring the institution itself or its charter, except that, with the written approval of the Commissioner:

      [1.] (a) An out-of-state depository institution without a branch in Nevada [or an out-of-state holding company without a depository institution in Nevada] may establish a branch office or acquire an existing branch in a county whose population is less than 100,000 without acquiring or merging with a Nevada depository institution or a Nevada holding company . [; and] Except as otherwise provided in subsection 2, an out-of-state depository institution that establishes or acquires a branch office pursuant to this paragraph continues to be considered an out-of-state depository institution without a branch in Nevada for the purposes of all other provisions of this chapter.

      [2.] (b) An out-of-state depository institution without a branch in Nevada which is owned or controlled by a holding company that is entitled to the exemption set forth in section 4(c)(i) of the Bank Holding Company Act of 1956, as amended, 12 U.S.C. § 1843(c)(i), may acquire an existing branch in Nevada without acquiring or merging with a Nevada depository institution or a Nevada holding company.

 


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

ê2007 Statutes of Nevada, Page 655 (Chapter 202, AB 215)ê

 

Act of 1956, as amended, 12 U.S.C. § 1843(c)(i), may acquire an existing branch in Nevada without acquiring or merging with a Nevada depository institution or a Nevada holding company.

      2.  An out-of-state depository institution that on or before April 1, 2007, has, pursuant to paragraph (a) of subsection 1, established or acquired, or been approved by the Commissioner to establish or acquire, a branch in a county whose population is less than 100,000, may establish or acquire a branch in a county whose population is 100,000 or more so long as the out-of-state depository institution continues to operate a branch in a county whose population is less than 100,000.

      3.  An out-of-state depository institution that establishes or acquires a branch office pursuant to this section may issue a credit card pursuant to the provisions of chapter 97A of NRS.

      Sec. 1.2.  Chapter 97A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.4 and 1.6 of this act.

      Sec. 1.4.  1.  An issuer shall not:

      (a) Increase the interest rate it charges a cardholder for the use of the card based upon the late payment by the cardholder to another issuer or a creditor of the cardholder that is not an affiliate or subsidiary of the issuer; or

      (b) Include a universal default clause in a contract or other agreement relating to a credit card account.

      2.  Notwithstanding the provisions of subsection 1, an issuer may increase the interest rate it charges a cardholder for the use of the card based on a change in the credit rating of the cardholder.

      3.  As used in this section:

      (a) “Affiliate or subsidiary of the issuer” means an affiliate or subsidiary that conducts business under a name that is:

             (1) The same as the name of the issuer; or

             (2) Sufficiently similar to the name of the issuer that a cardholder could reasonably believe that he is conducting business with the issuer.

      (b) “Universal default clause” means a clause or provision that allows an issuer to increase the interest rate it charges a cardholder for the use of the card based upon the late payment by the cardholder to another issuer or a creditor of the cardholder that is not an affiliate or subsidiary of the issuer.

      Sec. 1.6.  An issuer shall not, by contract or any other method, prohibit or attempt to prohibit a merchant who provides goods or services to a cardholder from offering a discount to the cardholder to induce the customer to pay for the goods or services by cash, check or other means instead of by use of a credit card or credit card account.

      Sec. 1.8.  NRS 97A.140 is hereby amended to read as follows:

      97A.140  1.  An issuer located in this State shall not issue a credit card to a cardholder unless the issuer first:

      (a) Provides the written notice required pursuant to NRS 97A.145 to the cardholder; and

      (b) Receives a written or oral request from the cardholder for the issuance of the credit card.

      2.  An issuer shall provide the cardholder with the terms and conditions that govern the use of the credit card, in writing, before or at the time of the receipt of the credit card.

 


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

ê2007 Statutes of Nevada, Page 656 (Chapter 202, AB 215)ê

 

receipt of the credit card. A cardholder shall be deemed to have accepted the written terms and conditions provided by the issuer upon subsequent actual use of the credit card.

      3.  The rate of interest charged, and any other fees or charges imposed for the use of the credit card, must be in an amount agreed upon by the issuer and cardholder.

      4.  An issuer may unilaterally change any term or condition for the use of a credit card without prior written notice to the cardholder unless the change will adversely affect or increase the costs to the cardholder for the use of the credit card. If the change will increase such costs, the issuer shall provide [notice] to the cardholder :

      (a) An identifiable notice of the change at least 30 days before the change becomes effective [.] ; and

      (b) An opportunity to avoid the change, including, without limitation, by voluntarily closing his credit card account after providing notice to the issuer. If the cardholder closes his credit card account and the issuer provides any information about the account to a credit reporting agency, the issuer must notify the agency that the cardholder voluntarily closed the credit card account.

      5.  Unless otherwise stated as a term or condition, the law of this State governs all transactions relating to the use of a credit card if an issuer, or the service provider of an issuer, is located in this State.

      Sec. 2.  1.  This section and section 1 of this act become effective upon passage and approval.

      2.  Sections 1.2 to 1.8, inclusive, of this act become effective on July 1, 2007.

________

 

CHAPTER 203, AB 235

Assembly Bill No. 235–Assemblymen Bobzien, Buckley, Conklin, Leslie, McClain, Kihuen, Koivisto, Manendo, Parks, Segerblom and Smith

 

CHAPTER 203

 

AN ACT relating to pharmacy; requiring a practitioner to include on a prescription the symptom or purpose for which a prescription drug is prescribed if requested by the patient; requiring such information to be included on the label of a prescription if requested by the patient; authorizing a practitioner to prohibit the inclusion on the label of a prescription certain information concerning the substitution of a generic drug for a drug with a brand name; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires a practitioner to include on a prescription the symptom or purpose for which the drug is prescribed if requested by the patient. Section 2 of this bill requires each pharmacy located outside Nevada that provides prescription drugs to residents of this State to include in the information it is required to report to the State Board of Pharmacy concerning each prescription, the symptom or purpose for which the drug is prescribed if requested by the patient. Section 3 of this bill requires the symptom or purpose for which a drug is prescribed to be included on a written prescription under certain circumstances.

 


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

ê2007 Statutes of Nevada, Page 657 (Chapter 203, AB 235)ê

 

included on a written prescription under certain circumstances. Section 4 of this bill authorizes a practitioner to prohibit the inclusion on the label of a prescription certain information concerning the substitution of a generic drug for a brand name drug. Section 5 of this bill requires each label of a prescription to include the symptom or purpose for which a drug is prescribed under certain circumstances. Section 6 of this bill requires the symptom or purpose for which a dangerous drug is prescribed to be included on a written prescription under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      Before issuing a prescription, a practitioner may ask the patient whether he wishes to have included on the label of the prescription the symptom or purpose for which the drug is prescribed. If the patient requests that the information be included on the label, the practitioner shall include on the prescription the symptom or purpose for which the drug is prescribed.

      Sec. 2.  NRS 639.23284 is hereby amended to read as follows:

      639.23284  1.  Every pharmacy located outside Nevada that provides mail order service to a resident of Nevada:

      (a) Shall report to the Board any change of information that appears on its license and pay the fee required by regulation of the Board.

      (b) Shall make available for inspection all pertinent records, reports, documents or other material or information required by the Board.

      (c) As required by the Board, must be inspected by the Board or:

             (1) The regulatory board or licensing authority of the state or country in which the pharmacy is located; or

             (2) The Drug Enforcement Administration.

      (d) As required by the Board, shall provide the following information concerning each prescription for a drug that is shipped, mailed or delivered to a resident of Nevada:

             (1) The name of the patient;

             (2) The name of the prescriber;

             (3) The number of the prescription;

             (4) The date of the prescription;

             (5) The name of the drug; [and]

             (6) The symptom or purpose for which the drug is prescribed, if requested by the patient pursuant to section 1 of this act; and

             (7) The strength and quantity of the dose.

      2.  In addition to complying with the requirements of subsection 1, every Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to subsection 9 of NRS 223.560 that provides mail order service to a resident of Nevada shall not sell, distribute or furnish to a resident of this State:

      (a) A controlled substance;

      (b) A prescription drug that has not been approved by the Federal Food and Drug Administration;

      (c) A generic prescription drug that has not been approved by the Federal Food and Drug Administration;

 


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

ê2007 Statutes of Nevada, Page 658 (Chapter 203, AB 235)ê

 

      (d) A prescription drug for which the Federal Food and Drug Administration has withdrawn or suspended its approval; or

      (e) A quantity of prescription drugs at one time that includes more drugs than are prescribed to the patient as a 3-month supply of the drugs.

      Sec. 3.  NRS 639.2353 is hereby amended to read as follows:

      639.2353  Except as otherwise provided in a regulation adopted pursuant to NRS 453.385 or 639.2357:

      1.  A prescription must be given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner;

      (c) By an oral order transmitted by an agent of the practitioner; or

      (d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the Board.

      2.  A written prescription must contain:

      (a) Except as otherwise provided in this section, the name and signature of the practitioner, and his address if not immediately available to the pharmacist;

      (b) The classification of his license;

      (c) The name of the patient, and his address if not immediately available to the pharmacist;

      (d) The name, strength and quantity of the drug prescribed;

      (e) The symptom or purpose for which the drug is prescribed, if included by the practitioner pursuant to section 1 of this act;

      (f) Directions for use; and

      [(f)] (g) The date of issue.

      3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

      5.  A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.

      6.  A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:

      (a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; or

      (b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner.

      Sec. 4.  NRS 639.2587 is hereby amended to read as follows:

      639.2587  If a generic drug is substituted for a drug prescribed by brand name, the pharmacist or practitioner:

      1.  Shall note the name of the manufacturer, packer or distributor of the drug actually dispensed on the prescription; and

 


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

ê2007 Statutes of Nevada, Page 659 (Chapter 203, AB 235)ê

 

      2.  [May] Unless prohibited by the practitioner, may indicate the substitution by writing or typing on the label [by use of] the words “substituted for” following the generic name and preceding the brand name of the drug.

      Sec. 5.  NRS 639.2801 is hereby amended to read as follows:

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

      1.  The date.

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

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

      4.  The number of dosage units.

      5.  The symptom or purpose for which the drug is prescribed, if included by the practitioner pursuant to section 1 of this act.

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

      [6.] 7.  The expiration date of the effectiveness of the drug or medicine dispensed, if that information is included on the original label of the manufacturer of that drug or medicine. If the expiration date specified by the manufacturer is not less than 1 year after the date of dispensing, the practitioner may use a date that is 1 year after the date of dispensing as the expiration date.

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

      [8.] 9.  The strength of the drug or medicine.

Ê The label must contain the warning:

 

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

      Sec. 6.  NRS 454.223 is hereby amended to read as follows:

      454.223  1.  Each prescription for a dangerous drug must be written on a prescription blank or as an order on the chart of a patient. A chart of a patient may be used to order multiple prescriptions for that patient.

      2.  A written prescription must contain:

      (a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;

      (b) The classification of his license;

      (c) The name of the patient, and his address if not immediately available to the pharmacist;

      (d) The name, strength and quantity of the drug or drugs prescribed;

      (e) The symptom or purpose for which the drug is prescribed, if included by the practitioner pursuant to section 1 of this act;

      (f) Directions for use; and

      [(f)] (g) The date of issue.

      3.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

________

 


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

ê2007 Statutes of Nevada, Page 660ê

 

CHAPTER 204, AB 359

Assembly Bill No. 359–Assemblymen Pierce, Parks, Horne, Anderson, Arberry, Atkinson, Bobzien, Buckley, Claborn, Denis, Gerhardt, Hogan, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Segerblom and Smith

 

Joint Sponsors: Senators Carlton, Wiener, Care and Titus

 

CHAPTER 204

 

AN ACT relating to liens; revising the definition of “lien claimant” to include certain express trust funds; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for mechanics’ and materialmen’s liens. (NRS 108.221-108.246) A mechanic’s or materialman’s lien arises if a “lien claimant” is not fully paid for furnishing work, materials or equipment for the improvement of property. If a mechanic’s or materialman’s lien arises, the “lien claimant” has a lien on the property for which the improvements were made. (NRS 108.222) This bill includes in the definition of “lien claimant” an express trust fund to whom any portion of a laborer’s compensation, including, without limitation, fringe benefits, must be paid and thus allows such an express trust fund to have a mechanic’s and materialman’s lien. (NRS 108.2214, 108.222)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 108.2214 is hereby amended to read as follows:

      108.2214  1.  “Lien claimant” means any person who provides work, material or equipment with a value of $500 or more to be used in or for the construction, alteration or repair of any improvement, property or work of improvement. The term includes, without limitation, every artisan, builder, contractor, laborer, lessor or renter of equipment, materialman, miner, subcontractor or other person who provides work, material or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist, in relation to the improvement, property or work of improvement.

      2.  As used in this section, “laborer” includes, without limitation, an express trust fund to which any portion of the total compensation of a laborer, including, without limitation, any fringe benefit, must be paid pursuant to an agreement with that laborer or the collective bargaining agent of that laborer.

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

________

 


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

ê2007 Statutes of Nevada, Page 661ê

 

CHAPTER 205, SB 142

Senate Bill No. 142–Committee on Human Resources and Education

 

CHAPTER 205

 

AN ACT relating to public health; revising provisions concerning the billing form that a hospital in this State is required to use for all patients discharged from the hospital; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      This bill eliminates references in existing law to the uniform billing form commonly referred to as the “UB-82,” therefore requiring hospitals to use the billing form prescribed by the Director of the Department of Health and Human Services for all patients discharged. (NRS 449.485, 686A.315) This bill further requires that all information must be complete, accurate and timely and submitted in an electronic form specified by the Department.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.485 is hereby amended to read as follows:

      449.485  1.  Each hospital in this State shall use for all patients discharged [the form commonly referred to as the “UB-82,” or a different] a form prescribed by the Director [with the approval of a majority of the hospitals licensed in this State,] and shall include in the form all information required by the Department. Any form prescribed by the Director must be a form that is commonly used nationwide by hospitals, if applicable, and comply with federal laws and regulations.

      2.  The Department shall by regulation:

      (a) Specify the information required to be included in the form for each patient; and

      (b) Require each hospital to provide specified information from the form to the Department.

Ê The information submitted must be complete, accurate and timely.

      3.  Each insurance company or other payer shall accept the form as the bill for services provided by hospitals in this State.

      4.  Except as otherwise provided in subsection 5, each hospital [with 100 or more beds] in this State shall provide the information required pursuant to paragraph (b) of subsection 2 [on magnetic tape or by other means] in an electronic form specified by the Department . [, or shall provide copies of the forms and pay the costs of entering the information manually from the copies.]

      5.  The Director may exempt a hospital from the requirements of subsection 4 if requiring the hospital to comply with the requirements would cause the hospital financial hardship.

      Sec. 2.  NRS 686A.315 is hereby amended to read as follows:

      686A.315  1.  If a hospital submits to an insurer the form [commonly referred to as the “UB-82,” the] prescribed by the Director of the Department of Health and Human Services pursuant to NRS 449.485, that form must contain or be accompanied by a statement [in substantially the following form:] that reads substantially as follows:

 


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

ê2007 Statutes of Nevada, Page 662 (Chapter 205, SB 142)ê

 

       Any person who misrepresents or falsifies essential information requested on this form may, upon conviction, be subject to a fine and imprisonment under state or federal law, or both.

 

      2.  If a person who is licensed to practice one of the health professions regulated by title 54 of NRS submits to an insurer the form commonly referred to as the “HCFA-1500” for a patient who is not covered by any governmental program which offers insurance coverage for health care, the form must be accompanied by a statement [in substantially the following form:] that reads substantially as follows:

 

       Any person who knowingly files a statement of claim containing any misrepresentation or any false, incomplete or misleading information may be guilty of a criminal act punishable under state or federal law, or both, and may be subject to civil penalties.

 

      3.  The failure to provide any of the statements required by this section is not a defense in a prosecution for insurance fraud pursuant to NRS 686A.291.

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

________

 

CHAPTER 206, SB 147

Senate Bill No. 147–Senator McGinness

 

CHAPTER 206

 

AN ACT relating to taxation; revising the definition of the term “project” for the purposes of using the proceeds of the county motor vehicle fuel tax; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows the board of county commissioners of any county which has a streets and highways plan as part of its master plan to impose a tax of not more than 9 cents per gallon on motor vehicle fuel. (NRS 373.030) A county must deposit the net proceeds of this tax in the regional street and highway fund in the county treasury. (NRS 373.110) A county whose population is 50,000 or more (currently Clark County, Washoe County and Carson City) may use the money in this fund to pay the cost of street and highway construction. However, a county whose population is less than 50,000 (currently counties other than Clark County, Washoe County and Carson City) may use the money in the fund to pay the cost of street and highway construction, maintenance or repair. (NRS 373.028, 373.130) This bill changes existing law by allowing a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) to use the money in its regional street and highway fund to pay the cost of street and highway construction, maintenance or repair.

 


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

ê2007 Statutes of Nevada, Page 663 (Chapter 206, SB 147)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 373.028 is hereby amended to read as follows:

      373.028  “Project” means:

      1.  In a county whose population is [50,000] 100,000 or more, street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.

      2.  In a county whose population is less than [50,000,] 100,000, street and highway construction, maintenance or repair, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of all types of property therefor.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 664ê

 

CHAPTER 207, SB 163

Senate Bill No. 163–Committee on Government Affairs

 

CHAPTER 207

 

AN ACT relating to state financial administration; providing for the Manager of the State Public Works Board to serve as the building official for certain improvements constructed, altered, repaired or remodeled pursuant to a lease-purchase or installment-purchase agreement; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the Manager of the State Public Works Board to be the building official for all buildings and structures on property of the State or held in trust for any division of the State Government. (NRS 341.100, 341.105) Existing law also provides that this requirement does not apply to improvements constructed, altered, repaired or remodeled by a state agency pursuant to a lease-purchase or installment-purchase agreement. (NRS 353.590) Section 1 of this bill changes existing law to provide that this requirement does apply to improvements constructed, altered, repaired or remodeled by a state agency pursuant to a lease-purchase or installment-purchase agreement.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.590 is hereby amended to read as follows:

      353.590  If an agreement pursuant to NRS 353.500 to 353.630, inclusive, involves the construction, alteration, repair or remodeling of an improvement:

      1.  [The] Except as otherwise provided in this section, the construction, alteration, repair or remodeling of the improvement may be conducted as specified in the agreement without complying with the provisions of:

      (a) Any law requiring competitive bidding; or

      (b) Chapter 341 of NRS.

      2.  The provisions of NRS 338.013 to 338.090, inclusive, apply to the construction, alteration, repair or remodeling of the improvement.

      3.  The provisions of:

      (a) Paragraph (h) of subsection 5 of NRS 341.100; and

      (b) NRS 341.105,

Ê apply to the construction, alteration, repair or remodeling of the improvement.

________

 


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

ê2007 Statutes of Nevada, Page 665ê

 

CHAPTER 208, SB 206

Senate Bill No. 206–Senator Coffin

 

CHAPTER 208

 

AN ACT relating to traffic laws; clarifying provisions concerning the effect of certain signals exhibited by official traffic-control devices; declaring void and without effect certain local ordinances and regulations; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill prohibits a local authority from adopting an ordinance or regulation or taking any other action that prohibits vehicular traffic from crossing an intersection when the red signal is exhibited if such traffic had already completely entered the intersection before the red signal was exhibited. (NRS 484.283)

      Section 2 of this bill declares that any ordinance or regulation adopted by a local authority is void and without effect to the extent that it violates the prohibition added by section 1 of this bill.

 

 

      Whereas, Before 1969, the provisions of the former NRS 484.0081 had stated that vehicular traffic shall not enter or be crossing an intersection when the red signal is exhibited; and

      Whereas, In 1969, the Nevada Legislature repealed the former NRS 484.0081 and enacted a section that was later codified as NRS 484.283; and

      Whereas, The provisions of NRS 484.283, as enacted by the Nevada Legislature in 1969, omitted the phrase “or be crossing,” thereby limiting the scope of the prohibition to the situation in which vehicular traffic enters an intersection when a red signal is exhibited; and

      Whereas, The change made by the Nevada Legislature in 1969 was based upon an earlier change made to the Uniform Vehicle Code in 1962 by the National Committee on Uniform Traffic Laws and Ordinances; and

      Whereas, The historical note accompanying the 1962 change to the Uniform Vehicle Code indicates that the purpose of removing the phrase “or be crossing” was to clarify “that a driver may now both legally enter the intersection on yellow and legally clear the intersection for use by traffic on intersecting streets even though a red signal is displayed while he is in the intersection”; and

      Whereas, Differences between the provisions of NRS 484.283 and certain of the ordinances and regulations of the cities and counties of this State have resulted in confusion as to whether vehicular traffic may permissibly cross an intersection on a red signal provided that such traffic completely entered the intersection before the red signal was displayed; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.283 is hereby amended to read as follows:

      484.283  1.  Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the Department of Transportation, only the colors green, yellow and red may be used, except for special pedestrian-control devices carrying a word legend as provided in NRS 484.325.

 


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

ê2007 Statutes of Nevada, Page 666 (Chapter 208, SB 206)ê

 

specifications adopted by the Department of Transportation, only the colors green, yellow and red may be used, except for special pedestrian-control devices carrying a word legend as provided in NRS 484.325. The lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.

      2.  When the signal is circular green alone:

      (a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless another device at the place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.

      3.  Where the signal is circular green with a green turn arrow:

      (a) Vehicular traffic facing the signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but the traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time the signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.

      4.  Where the signal is a green turn arrow alone:

      (a) Vehicular traffic facing the signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but the traffic must yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.

      (b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in NRS 484.325.

      5.  Where the signal is a green straight-through arrow alone:

      (a) Vehicular traffic facing the signal may proceed straight through, but must not turn right or left. Such vehicular traffic must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.

      6.  Where the signal is a steady yellow signal alone:

      (a) Vehicular traffic facing the signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic [shall] must not enter the intersection when the red signal is exhibited.

      (b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484.325, are thereby advised that there is insufficient time to cross the highway.

      7.  Where the signal is a steady red signal alone:

 


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

ê2007 Statutes of Nevada, Page 667 (Chapter 208, SB 206)ê

 

      (a) Vehicular traffic facing the signal must stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and, except as provided in paragraph (c), must remain stopped or standing until the green signal is shown.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484.325.

      (c) After complying with the requirement to stop, vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but must yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.

      (d) Vehicular traffic facing the signal may not proceed on or through any private or public property to enter the intersecting street where traffic is not facing a red signal to avoid the red signal.

      8.  Where the signal is a steady red with a green turn arrow:

      (a) Vehicular traffic facing the signal may enter the intersection only to make the movement indicated by the green turn arrow, but must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484.325.

      9.  If a signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions which by their nature can have no application. Any stop required must be made at a sign or pavement marking indicating where the stop must be made, but in the absence of any such device the stop must be made at the signal.

      10.  Whenever signals are placed over the individual lanes of a highway, the signals indicate, and apply to drivers of vehicles, as follows:

      (a) A downward-pointing green arrow means that a driver facing the signal may drive in any lane over which the green signal is shown.

      (b) A red “X” symbol means a driver facing the signal must not enter or drive in any lane over which the red signal is shown.

      11.  A local authority shall not adopt an ordinance or regulation or take any other action that prohibits vehicular traffic from crossing an intersection when:

      (a) The red signal is exhibited; and

      (b) The vehicular traffic in question had already completely entered the intersection before the red signal was exhibited. For the purposes of this paragraph, a vehicle shall be considered to have “completely entered” an intersection when all portions of the vehicle have crossed the limit line or other point of demarcation behind which vehicular traffic must stop when a red signal is displayed.

 


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

ê2007 Statutes of Nevada, Page 668 (Chapter 208, SB 206)ê

 

      Sec. 2.  1.  Any ordinance or regulation adopted by a local authority that is in existence on October 1, 2007, is hereby declared to be void and must not be given effect to the extent that it prohibits vehicular traffic from crossing an intersection when:

      (a) The red signal is exhibited; and

      (b) The vehicular traffic in question had already completely entered the intersection before the red signal was exhibited. For the purposes of this paragraph, a vehicle shall be considered to have “completely entered” an intersection when all portions of the vehicle have crossed the limit line or other point of demarcation behind which vehicular traffic must stop when a red signal is displayed.

      2.  As used in this section, “local authority” has the meaning ascribed to it in NRS 484.079.

________

 

CHAPTER 209, SB 219

Senate Bill No. 219–Committee on Human Resources and Education

 

CHAPTER 209

 

AN ACT relating to veterans; creating the Gift Account for Veterans in the State General Fund; requiring that the additional fees collected by the Department of Motor Vehicles for the issuance or renewal of special license plates for the support of outreach programs and services for veterans and their families be deposited with the State Treasurer for credit to the Account; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill creates the Gift Account for Veterans in the State General Fund and authorizes money deposited in the Account to be used only for the support of outreach programs and services for veterans and their families. Section 2 of this bill changes the purpose for the issuance of the special plates from the support for veterans’ homes to the support of outreach programs and services for veterans and their families. Section 3 of this bill requires that all additional fees collected by the Department of Motor Vehicles for the issuance or renewal of special license plates for the support of outreach programs and services for veterans and their families must be deposited with the State Treasurer for credit to the Gift Account for Veterans.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 417.145 is hereby amended to read as follows:

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

      2.  Money received from:

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

      (b) Other payments for medical care and services;

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

 


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

ê2007 Statutes of Nevada, Page 669 (Chapter 209, SB 219)ê

 

      (d) Federal grants and other money received pursuant to paragraph (c) of subsection 1 of NRS 417.147;

      (e) Money collected pursuant to the schedule of rates established pursuant to subsection 2 of NRS 417.147 for occupancy of rooms at veterans’ homes; and

      (f) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property for the use of veterans’ homes, if the use of [such] those gifts has not been restricted by the donor,

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

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

      4.  The Veterans’ Home Account must be administered by the Executive Director, with the advice of the administrators, and except as otherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money deposited in the Veterans’ Home Account may only be expended for:

      (a) The establishment, management, maintenance and operation of veterans’ homes;

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

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

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

      5.  Except as otherwise provided in subsection 7, gifts of personal property for the use of veterans’ homes:

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

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

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

      7.  The Gift Account for Veterans’ Homes is hereby established in the State General Fund. Gifts of money or personal property which the donor has restricted to one or more uses at a veterans’ home must be used only in the manner designated by the donor. Gifts of money which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

      8.  The Gift Account for Veterans is hereby created in the State General Fund. The Executive Director shall administer the Gift Account for Veterans. The money deposited in the Gift Account for Veterans pursuant to NRS 482.3764 may only be used for the support of outreach programs and services for veterans and their families. The interest and income earned on the money in the Gift Account for Veterans, after deducting any applicable charges, must be credited to the Gift Account for Veterans. All money in the Gift Account for Veterans must be paid out on claims approved by the Executive Director as other claims against the State are paid.

 


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

ê2007 Statutes of Nevada, Page 670 (Chapter 209, SB 219)ê

 

claims approved by the Executive Director as other claims against the State are paid. Any money remaining in the Gift Account for Veterans at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

      9.  The Executive Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for Veterans’ Homes [that are attributable to the money deposited in that account pursuant to subsection 2 of NRS 482.3764.] and the Gift Account for Veterans.

      Sec. 2.  NRS 482.3763 is hereby amended to read as follows:

      482.3763  1.  The Director shall order the preparation of special license plates [in] for the support of [veterans’ homes,] outreach programs and services for veterans and their families and establish procedures for the application for and issuance of the plates.

      2.  The Department shall, upon application therefor and payment of the prescribed fees, issue special license plates [in] for the support of [veterans’ homes] outreach programs and services for veterans and their families to:

      (a) A veteran of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard; or

      (b) The spouse, parent or child of a person described in paragraph (a).

Ê The plates must be inscribed with the word “VETERAN” and with the seal of the branch of the Armed Forces of the United States or the seal of the National Guard, as applicable, requested by the applicant. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates [in] for the support of [veterans’ homes] outreach programs and services for veterans and their families if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates [in] for the support of [veterans’ homes] outreach programs and services for veterans and their families pursuant to subsection 4.

      3.  If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

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

      4.  In addition to all other applicable registration and license fees and governmental services taxes, and to the special fee [for veterans’ homes,] imposed pursuant to NRS 482.3764 for the support of outreach programs and services for veterans and their families, the fee for:

      (a) The initial issuance of the special license plates is $35.

      (b) The annual renewal sticker is $10.

      5.  If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $10.

      Sec. 3.  NRS 482.3764 is hereby amended to read as follows:

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

 


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

ê2007 Statutes of Nevada, Page 671 (Chapter 209, SB 219)ê

 

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

             (1) Collect a special fee for [a veterans’ home] the support of outreach programs and services for veterans and their families in the amount of $25; and

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

      (b) An annual renewal sticker, it shall:

             (1) Collect a special fee for [a veterans’ home] the support of outreach programs and services for veterans and their families in the amount of $20; and

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

      2.  The Department shall deposit [the first $100,000] all money collected pursuant to this section [each year] with the State Treasurer for credit to the Gift Account for [Veterans’ Homes, established] Veterans created by subsection [7] 8 of NRS 417.145. [Thereafter, any additional amount collected pursuant to this section during the year must be deposited in the State General Fund.]

      Sec. 4.  The State Controller shall, as soon as practicable on or after October 1, 2007, transfer to the Gift Account for Veterans created by NRS 417.145, as amended by section 1 of this act, all money in the Gift Account for Veterans’ Homes that was collected by the Department of Motor Vehicles for the issuance or renewal of special license plates in support of veterans’ homes and deposited in the Gift Account for Veterans’ Homes pursuant to NRS 482.3764.

________

 

CHAPTER 210, SB 267

Senate Bill No. 267–Committee on Legislative Operations and Elections

 

CHAPTER 210

 

AN ACT relating to the Legislative Committee on Public Lands; revising the duties of the Committee; authorizing the Committee to review and comment on issues relating to water resources in this State; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Existing law establishes the duties of the Legislative Committee on Public Lands. Certain duties of the Committee, including reviewing the programs and activities of: (1) the Colorado River Commission of Nevada; (2) all public water authorities, districts and systems in this State; and (3) all other public or private entities who have agreements with counties concerning the planning, development or distribution of water resources, expire by limitation on June 30, 2007. (NRS 218.5368)

      Section 1 of this bill authorizes the Committee to engage in various activities relating to water resources, including, without limitation, studying and commenting on laws, regulations and policies regulating the use, allocation and management of water resources in Nevada. Section 2 of this bill removes the provision that requires certain duties of the Committee to expire by limitation on June 30, 2007.

 


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

ê2007 Statutes of Nevada, Page 672 (Chapter 210, SB 267)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.5368 is hereby amended to read as follows:

      218.5368  1.  The Committee shall:

      [1.] (a) Actively support the efforts of state and local governments in the western states regarding public lands and state sovereignty as impaired by federal ownership of land.

      [2.] (b) Advance knowledge and understanding in local, regional and national forums of Nevada’s unique situation with respect to public lands.

      [3.] (c) Support legislation that will enhance state and local roles in the management of public lands and will increase the disposal of public lands.

      [4.  Review]

      2.  The Committee:

      (a) Shall review the programs and activities of:

      [(a)] (1) The Colorado River Commission of Nevada;

      [(b)] (2) All public water authorities, districts and systems in the State of Nevada, including, without limitation, the Southern Nevada Water Authority, the Truckee Meadows Water Authority, the Virgin Valley Water District, the Carson Water Subconservancy District, the Humboldt River Basin Water Authority and the Truckee-Carson Irrigation District; and

      [(c)] (3) All other public or private entities with which any county in the State has an agreement regarding the planning, development or distribution of water resources, or any combination thereof [.

      5.  On] ;

      (b) Shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the review conducted pursuant to [subsection 4.] paragraph (a); and

      (c) May review and comment on other issues relating to water resources in this State, including, without limitation:

             (1) The laws, regulations and policies regulating the use, allocation and management of water in this State; and

             (2) The status of existing information and studies relating to water use, surface water resources and groundwater resources in this State.

      Sec. 2.  Section 11 of chapter 408, Statutes of Nevada 2003, at page 2507, is hereby amended to read as follows:

       Sec. 11.  [1.]  This act becomes effective on July 1, 2003.

       [2.  The amendatory provisions of section 9 of this act expire by limitation on June 30, 2007.]

      Sec. 3.  This act becomes effective on June 29, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 673ê

 

CHAPTER 211, SB 300

Senate Bill No. 300–Senator Hardy

 

CHAPTER 211

 

AN ACT relating to motor carriers; revising the definition of “intrastate driver” to exclude drivers who work for a public utility; repealing the exemption of commercial intrastate drivers from the hours-of-service limitations in certain emergencies; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Existing law prohibits motor carriers from permitting intrastate drivers to drive more than a certain number of hours within a single day or week but provides an exemption from the hours-of-service limitations to allow an intrastate driver who works for a public utility or an intrastate driver who is transporting property or passengers during a state of emergency declared by a governmental official to exceed the hours-of-service limitations. (NRS 706.678, 706.682, 706.687) Section 4132 of the Motor Carrier Safety Reauthorization Act of 2005 exempted drivers of certain utility service vehicles from the federal hours-of-service regulations adopted by the Federal Motor Carrier Safety Administration.

      Section 2 of this bill exempts a driver who works for a public utility from the definition of an “intrastate driver” thereby allowing such a driver to be subject to federal hours-of-service regulations and exemptions. (NRS 706.678) Section 5 of this bill repeals the provision exempting intrastate drivers from the hours-of-service limitations during a declared state of emergency. (NRS 706.687)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.672 is hereby amended to read as follows:

      706.672  As used in NRS 706.672 to [706.687,] 706.692, inclusive, unless the context otherwise requires, the words and terms defined in NRS 706.675 and 706.678 have the meanings ascribed to them in those sections.

      Sec. 2.  NRS 706.678 is hereby amended to read as follows:

      706.678  “Intrastate driver” means a driver who operates a commercial motor vehicle exclusively within this State for a period of 7 or more consecutive days. The term does not include a person who is an employee of a public utility, as that term is defined in NRS 704.020.

      Sec. 3.  NRS 706.682 is hereby amended to read as follows:

      706.682  1.  [Except as otherwise provided in NRS 706.687, a] A motor carrier shall not allow or require an intrastate driver to drive, and an intrastate driver shall not drive:

      (a) Within any 24-hour period:

             (1) More than 12 hours following 10 consecutive hours off duty; or

             (2) For any number of hours after having accrued more than 15 consecutive hours of on-duty time; or

      (b) Within any period of 7 consecutive days, after having accrued 70 hours of on-duty time.

      2.  As used in this section:

      (a) “Motor carrier” has the meaning ascribed to it in 49 C.F.R. § 350.105.

 


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

ê2007 Statutes of Nevada, Page 674 (Chapter 211, SB 300)ê

 

      (b) “On-duty time” has the meaning ascribed to it in 49 C.F.R. § 395.2.

      Sec. 4.  NRS 706.692 is hereby amended to read as follows:

      706.692  1.  Except as otherwise provided in NRS 706.672 to [706.687,] 706.692, inclusive, the owner or operator of a motor vehicle to which any provisions of NRS 706.011 to 706.861, inclusive, apply, carrying passengers or property on any highway in the State of Nevada shall not require or permit any driver of the motor vehicle to drive it in any one period longer than the time permitted for that period by the order of the Authority or the Department.

      2.  In addition to other persons so required, the Labor Commissioner shall enforce the provisions of this section.

      Sec. 5.  NRS 706.687 is hereby repealed.

________

 

CHAPTER 212, SB 396

Senate Bill No. 396–Committee on Human Resources and Education

 

CHAPTER 212

 

AN ACT relating to subsurface installations; revising provisions relating to the notification required before beginning an excavation or demolition under certain circumstances; revising provisions governing certain complaints relating to the conduct of an excavation or demolition; and providing other matters properly relating thereto.

 

[Approved: May 30, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill amends the definition of “approximate location of a subsurface installation” to mean a strip of land not more than 24 inches on either side of the exterior surface of a subsurface installation, instead of 30 inches as defined by existing law. (NRS 455.082) Section 7 of this bill delays the effective date of the change until July 1, 2008. Section 6 of this bill requires the Public Utilities Commission of Nevada to report to the Legislative Commission before the next regular session of the Legislature concerning the effects of the change.

      Existing law requires a person to give notice to the appropriate association of operators of an excavation or demolition at least 2 working days, but not more than 14 calendar days, before the excavation or demolition. (NRS 455.110) Section 3 of this bill extends the time frame to not more than 28 calendar days before the excavation or demolition.

      Existing law authorizes certain persons to file a complaint to enjoin certain activities or practices of an operator or a person who is about to conduct an excavation or demolition and authorizes the court to issue a temporary restraining order under certain circumstances. (NRS 455.160) Section 4 of this bill adds the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the Attorney General, an operator or a person conducting an excavation or demolition to the list of persons authorized to file a complaint.

 


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

ê2007 Statutes of Nevada, Page 675 (Chapter 212, SB 396)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 455.082 is hereby amended to read as follows:

      455.082  “Approximate location of a subsurface installation” means a strip of land not more than [30] 24 inches on either side of the exterior surface of a subsurface installation. The term does not include the depth of the subsurface installation.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 455.110 is hereby amended to read as follows:

      455.110  1.  Except as otherwise provided in subsection 2, a person shall not begin an excavation or demolition if the excavation or demolition is to be conducted in an area that is known or reasonably should be known to contain a subsurface installation, except a subsurface installation owned or operated by the person conducting the excavation or demolition, unless he:

      (a) Notifies the appropriate association for operators pursuant to NRS 455.120, at least 2 working days but not more than [14] 28 calendar days before excavation or demolition is scheduled to commence. The notification may be written or provided by telephone and must state the name, address and telephone number of the person who is responsible for the excavation or demolition, the starting date of the excavation or demolition, anticipated duration and type of excavation or demolition to be conducted, the specific area of the excavation or demolition and whether explosives are to be used.

      (b) Cooperates with the operator in locating and identifying its subsurface installation by:

             (1) Meeting with its representative as requested; and

             (2) Making a reasonable effort that is consistent with the practice in the industry to mark with white paint, flags, stakes, whiskers or another method that is agreed to by the operator and the person who is responsible for the excavation or demolition, the proposed area of the excavation or demolition.

      2.  A person responsible for emergency excavation or demolition is not required to comply with the provisions of subsection 1 if there is a substantial likelihood that loss of life, health or property will result before the provisions of subsection 1 can be fully complied with. The person shall notify the operator of the action he has taken as soon as practicable.

      Sec. 4.  NRS 455.160 is hereby amended to read as follows:

      455.160  1.  [A commissioner] The Regulatory Operations Staff of the Public Utilities Commission of Nevada , the Attorney General, an operator, a person conducting an excavation or demolition, or the district attorney of a county or the city attorney of a city in which there is an excavation or demolition or a proposed excavation or demolition which he believes may cause death, serious physical harm or serious property damage may file a complaint in the district court for the county seeking to enjoin the activity or practice of an operator or a person who is responsible for the excavation or demolition.

      2.  Upon the filing of a complaint pursuant to subsection 1, the court may issue a temporary restraining order before holding an evidentiary hearing. [A temporary restraining order may be issued for no longer than 5 days.]

      Sec. 5.  NRS 455.170 is hereby amended to read as follows:

      455.170  1.  An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, [legal counsel for] the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.

 


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

ê2007 Statutes of Nevada, Page 676 (Chapter 212, SB 396)ê

 

Nevada by the Attorney General, a district attorney, a city attorney, [legal counsel for] the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.

      2.  Any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180, inclusive, is liable for a civil penalty:

      (a) Not to exceed $1,000 per day for each violation; and

      (b) Not to exceed $100,000 for any related series of violations within a calendar year.

      3.  Any person who negligently violates any such provision is liable for a civil penalty:

      (a) Not to exceed $200 per day for each violation; and

      (b) Not to exceed $1,000 for any related series of violations within a calendar year.

      4.  The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty must be determined by the Public Utilities Commission of Nevada upon receipt of a complaint by the Attorney General, [an employee] the Regulatory Operations Staff of the Public Utilities Commission of Nevada , [who is engaged in regulatory operations,] a district attorney, a city attorney, the agency that issued the permit to excavate or the operator or the person responsible for the excavation or demolition.

      5.  In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:

      (a) The gravity of the violation;

      (b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, before and after notification of a violation; and

      (c) Any history of previous violations of those provisions by the person charged with the violation.

      6.  A civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter.

      7.  Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.

      Sec. 6.  The Public Utilities Commission of Nevada shall, on or before December 31, 2008, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission concerning the effects of the revision of the definition of “approximate location of a subsurface installation” set forth in NRS 455.082, as amended by section 1 of this act. The report must include, without limitation, the number of occurrences of contact with, exposure of or damage to a subsurface installation resulting from any excavation or demolition in this State on and after July 1, 2008, as compared to similar occurrences before July 1, 2008.

      Sec. 7.  1.  This section and sections 2 to 6, inclusive, of this act become effective on October 1, 2007.

      2.  Section 1 of this act becomes effective on July 1, 2008.

________

 


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

ê2007 Statutes of Nevada, Page 677ê

 

CHAPTER 213, AB 253

Assembly Bill No. 253–Assemblyman Goedhart

 

CHAPTER 213

 

AN ACT relating to impact fees; clarifying that the costs of construction for which a local government may impose impact fees include the cost of connecting a capital improvement or facility expansion to water and sewer lines and facilities; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes local governments to impose by ordinance impact fees to pay the cost of constructing capital improvements and facility expansions required as the result of new development. (NRS 278B.160) This bill clarifies that the costs of construction for which impact fees may be imposed include the cost of connecting capital improvements and facility expansions to water and sewer lines and facilities.

      Existing law defines “service area” for the purpose of provisions of law relating to impact fees as any area within a city or county that is served and benefited by capital improvements or facilities expansions set forth in a capital improvements plan. (NRS 278B.100) This bill alters that definition so that new development must necessitate the capital improvements or facility expansions for an area to be considered a service area. This bill also provides that a service area cannot be the entire area of a city or county, unless the city has a population of less than 10,000 (currently Caliente, Carlin, Ely, Fallon, Fernley, Lovelock, Mesquite, Wells, West Wendover, Winnemucca and Yerington) or the county has a population of less than 15,000 (currently Esmeralda, Eureka, Lander, Lincoln, Mineral, Pershing, Storey and White Pine Counties).

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278B.100 is hereby amended to read as follows:

      278B.100  “Service area” means [the] any specified area within the boundaries of [the] a local government in which new development necessitates capital improvements or facility expansions and within which new development is served directly and benefited by the capital improvement or [facilities] facility expansion as set forth in the capital improvements plan. The term does not include any area that makes up the entire area of a local government, unless the local government is a city whose population is 10,000 or less or a county whose population is 15,000 or less.

      Sec. 2.  NRS 278B.160 is hereby amended to read as follows:

      278B.160  1.  A local government may by ordinance impose an impact fee in a service area to pay the cost of constructing a capital improvement or facility expansion necessitated by and attributable to new development. Except as otherwise provided in NRS 278B.220, the cost may include only:

      (a) The estimated cost of actual construction [;] , including, without limitation, the cost of connecting a capital improvement or facility expansion to a line or facility used to provide water or sewer service;

      (b) Estimated fees for professional services;

      (c) The estimated cost to acquire the land; and

 


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

ê2007 Statutes of Nevada, Page 678 (Chapter 213, AB 253)ê

 

      (d) The fees paid for professional services required for the preparation or revision of a capital improvements plan in anticipation of the imposition of an impact fee.

      2.  All property owned by a school district is exempt from the requirement of paying impact fees imposed pursuant to this chapter.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 214, SB 3

Senate Bill No. 3–Senator Townsend

 

CHAPTER 214

 

AN ACT relating to public employees; allowing the surviving spouse of certain deceased police officers and firefighters to continue to receive death benefits under industrial insurance after the surviving spouse remarries; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, if the death of an employee is caused by an injury by accident arising out of and in the course of employment covered by state laws on industrial insurance, the surviving spouse of the deceased employee may receive a compensation known as a death benefit. (NRS 616C.505) The death benefit presently ends upon the surviving spouse’s death or remarriage. (NRS 616C.505) This bill allows the surviving spouse of a deceased police officer or firefighter who died while actively employed as a police officer or firefighter to continue to receive certain compensation under the death benefit even if the surviving spouse remarries. This bill also allows the surviving spouse of certain retired police officers or firefighters to receive this benefit.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  Except as otherwise provided in this section, if the surviving spouse of a deceased police officer or firefighter who died while actively employed as a police officer or firefighter is entitled to be paid compensation pursuant to subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or 617.487, the surviving spouse:

      (a) Must be paid that compensation until the death of the surviving spouse, whether or not the surviving spouse remarries; and

      (b) Must not be paid any compensation pursuant to subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or 617.487 in one lump sum upon remarriage.

      2.  A surviving spouse of a deceased police officer or firefighter who was retired from employment as a police officer or firefighter at the time of death is entitled to receive compensation to the same extent and in the same manner as a surviving spouse specified in subsection 1 if:

 


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

ê2007 Statutes of Nevada, Page 679 (Chapter 214, SB 3)ê

 

      (a) The police officer or firefighter retired because of the injury or occupational disease for which compensation is paid to the surviving spouse pursuant to this section; and

      (b) The death of the police officer or firefighter was the direct and proximate result of the injury or occupational disease.

      3.  If the surviving spouse of a deceased police officer or firefighter specified in subsection 1 or 2 becomes the spouse of another employee or retiree who thereafter dies under circumstances that would otherwise entitle the surviving spouse to be paid compensation pursuant to subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or 617.487 with respect to the other employee, the surviving spouse:

      (a) Must not be paid compensation pursuant to subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or 617.487 with respect to the other employee; and

      (b) Shall be deemed to have predeceased the other employee for the purposes of chapters 616A to 616D, inclusive, and 617 of NRS.

      4.  Except as otherwise provided in subsections 1 and 2, the provisions of this section do not affect any compensation payable under chapter 617 of NRS.

      Sec. 2.  NRS 616C.505 is hereby amended to read as follows:

      616C.505  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit [,] and is payable as follows:

      1.  In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are payable in an amount not to exceed $5,000. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer.

      2.  [To] Except as otherwise provided in section 1 of this act, to the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until his death or remarriage, with 2 years’ compensation payable in one lump sum upon remarriage.

      3.  In the event of the subsequent death of the surviving spouse:

      (a) Each surviving child of the deceased employee must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years.

      (b) Except as otherwise provided in subsection 11, if the children have a guardian, the compensation they are entitled to receive may be paid to the guardian.

      4.  Upon the remarriage of a surviving spouse with children:

      (a) The surviving spouse must be paid 2 years’ compensation in one lump sum and further benefits must cease; and

      (b) Each child must be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.

Ê The provisions of this subsection do not apply to the remarriage of a surviving spouse of a deceased police officer or firefighter if the provisions of section 1 of this act apply to the surviving spouse.

      5.  If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support.

 


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

ê2007 Statutes of Nevada, Page 680 (Chapter 214, SB 3)ê

 

      6.  Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 33 1/3 percent of the average monthly wage.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, 66 2/3 percent of the average monthly wage.

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.

      7.  The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage.

      8.  In all other cases involving a question of total or partial dependency:

      (a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.

      9.  Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      10.  In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to him, funeral expenses are payable in an amount not to exceed $5,000.

      11.  If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019.

 


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

ê2007 Statutes of Nevada, Page 681 (Chapter 214, SB 3)ê

 

      12.  Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his proportionate share of compensation pursuant to this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if he is:

      (a) Over 18 years of age and incapable of supporting himself, until such time as he becomes capable of supporting himself; or

      (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.

      13.  As used in this section, “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death.

      Sec. 3.  The amendatory provisions of sections 1 and 2 of this act do not apply to a surviving spouse of a deceased police officer or firefighter if the surviving spouse is remarried before October 1, 2007.

________

 

CHAPTER 215, AB 421

Assembly Bill No. 421–Assemblywomen Weber and Kirkpatrick (by request)

 

CHAPTER 215

 

AN ACT relating to crimes; establishing the crime of participating in an organized retail theft ring; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a person commits the crime of theft if the person: (1) controls any property of another person with the intent to deprive that person of the property; (2) converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person; (3) obtains real, personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services; (4) comes into control of lost, mislaid or misdelivered property of another person and appropriates that property; (5) controls property of another person knowing or having reason to know that the property was stolen; (6) obtains services or parts, products or other items related to such services which he knows are available only for compensation without paying or agreeing to pay compensation; (7) takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person; (8) commits any act that is declared to be theft by a specific statute; (9) draws or passes a check, and in exchange obtains property or services, if he knows that the check will not be paid when presented; or (10) obtains gasoline or other fuel or automotive products which are available only for compensation without paying or agreeing to pay compensation. (NRS 205.0832) A person who commits theft is guilty of: (1) a misdemeanor, if the value of the property or services involved in the theft is less than $250; (2) a category C felony if the value of the property or services involved in the theft is $250 or more but less than $2,500; or (3) a category B felony, punishable by imprisonment for a minimum term of not less than 1 year and a maximum term of not less than 10 years, if the value of the property or services involved in the theft is $2,500 or more. (NRS 205.0835)

 


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

ê2007 Statutes of Nevada, Page 682 (Chapter 215, AB 421)ê

 

      Section 1 of this bill provides that a person who participates in an organized retail theft ring is guilty of a category B felony, punishable by imprisonment for: (1) a minimum term of not less than 1 year and a maximum term of not more than 10 years, if the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring during a period of 90 days is at least $2,500 but less than $10,000; or (2) a minimum term of not less than 2 years and a maximum term of not more than 15 years, if the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring during a period of 90 days is $10,000 or more. Under section 1, an organized retail theft ring is defined as three or more persons who associate for the purpose of engaging in the conduct of committing a series of thefts of retail merchandise against more than one merchant in this State or against one merchant but at more than one location of a retail business of the merchant in this State.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who participates in an organized retail theft ring is guilty of a category B felony and shall be punished by imprisonment in the state prison for:

      (a) If the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring in this State during a period of 90 days is at least $2,500 but less than $10,000, a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

      (b) If the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring in this State during a period of 90 days is $10,000 or more, a minimum term of not less than 2 years and a maximum term of not more than 15 years, and by a fine of not more than $20,000.

      2.  In addition to any other penalty, the court shall order a person who violates this section to pay restitution.

      3.  For the purposes of this section, in determining the aggregated value of the property or services involved in all thefts committed by an organized retail theft ring in this State during a period of 90 days:

      (a) The amount involved in a single theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained; and

      (b) The amounts involved in all thefts committed by all participants in the organized retail theft ring must be aggregated.

      4.  In any prosecution for a violation of this section, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which any theft committed by any participant in an organized retail theft ring was committed, regardless of whether the defendant was ever physically present in that jurisdiction.

      5.  As used in this section:

      (a) “Merchant” has the meaning ascribed to it in NRS 597.850.

      (b) “Organized retail theft ring” means three or more persons who associate for the purpose of engaging in the conduct of committing a series of thefts of retail merchandise against more than one merchant in this State or against one merchant but at more than one location of a retail business of the merchant in this State.

 


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

ê2007 Statutes of Nevada, Page 683 (Chapter 215, AB 421)ê

 

of thefts of retail merchandise against more than one merchant in this State or against one merchant but at more than one location of a retail business of the merchant in this State.

      Sec. 2.  NRS 205.0821 is hereby amended to read as follows:

      205.0821  As used in NRS 205.0821 to 205.0835, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 205.0822 to 205.0831, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 205.0833 is hereby amended to read as follows:

      205.0833  1.  Conduct denominated theft in NRS 205.0821 to 205.0835, inclusive, and section 1 of this act constitutes a single offense embracing the separate offenses commonly known as larceny, receiving or possessing stolen property, embezzlement, obtaining property by false pretenses, issuing a check without sufficient money or credit, and other similar offenses.

      2.  A criminal charge of theft may be supported by evidence that an act was committed in any manner that constitutes theft pursuant to NRS 205.0821 to 205.0835, inclusive, and section 1 of this act notwithstanding the specification of a different manner in the indictment or information, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if it determines that, in a specific case, strict application of the provisions of this subsection would result in prejudice to the defense by lack of fair notice or by surprise.

      Sec. 4.  NRS 205.0835 is hereby amended to read as follows:

      205.0835  1.  Unless a greater penalty is imposed by a specific statute [,] and unless the provisions of section 1 of this act apply under the circumstances, a person who commits theft in violation of any provision of NRS 205.0821 to 205.0835, inclusive, and section 1 of this act shall be punished pursuant to the provisions of this section.

      2.  If the value of the property or services involved in the theft is less than $250, the person who committed the theft is guilty of a misdemeanor.

      3.  If the value of the property or services involved in the theft is $250 or more but less than $2,500, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      4.  If the value of the property or services involved in the theft is $2,500 or more, the person who committed the theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

      5.  In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.

________

 


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

ê2007 Statutes of Nevada, Page 684ê

 

CHAPTER 216, AB 518

Assembly Bill No. 518–Committee on Commerce and Labor

 

CHAPTER 216

 

AN ACT relating to telecommunication service; revising provisions governing the regulation of certain incumbent local exchange carriers; revising provisions governing the regulation of competitive suppliers of telecommunication service; allowing for greater competition among various telecommunication providers; repealing provisions governing the plan of alternative regulation and PAR carriers; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the Public Utilities Commission of Nevada to regulate public utilities that provide telecommunication service to the public. With regard to local telephone service, each service territory has an incumbent local exchange carrier that has an obligation to serve the customers within that particular territory. If no other telecommunication provider is authorized to serve the customers in that particular territory, the incumbent local exchange carrier essentially has a monopoly with regard to local telephone service. (Chapter 704 of NRS)

      To foster competition in the local telephone market, existing law allows the Commission to establish a plan of alternative regulation (PAR), whereby an incumbent local exchange carrier may elect to become a PAR carrier under a regulatory scheme which allows flexibility of pricing for certain competitive, discretionary and deregulated services. Under the PAR regulatory scheme, the PAR carrier is allowed to sell such services under less regulated conditions, and other telecommunication providers, known as competitive suppliers, have the opportunity to compete with the PAR carrier in the local telephone market. However, as the incumbent local exchange carrier, the PAR carrier generally retains its obligations as the provider of last resort of basic telephone service and must ensure that such telephone service remains available at affordable rates to the customers within its service territory. (NRS 704.040, 704.68904-704.68984)

      This bill repeals the PAR regulatory scheme and replaces it with a regulatory scheme that is intended to promote more competition in the local telephone market. Under this bill, all telecommunication providers, with the exception of certain small-scale providers of last resort, are classified as competitive suppliers. This bill reduces the regulatory authority of the Commission over such competitive suppliers and provides for greater flexibility of pricing with regard to most components of local telephone service, including basic telephone service.

      This bill also requires the Commission to adopt regulations establishing the terms, conditions and procedures under which: (1) an incumbent local exchange carrier may be excused from its obligations as the provider of last resort; and (2) those obligations may be reinstated. The regulations must also establish the manner of giving prior notice and the terms of any bond necessary to protect consumers and ensure continuity of basic telephone service when a provider other than an incumbent local exchange carrier intends to terminate or discontinue such service.

      Finally, to maintain the availability of telephone service to rural, insular and high-cost areas, this bill requires the Commission to continue to levy and collect a uniform and equitable assessment from all telecommunication providers. The proceeds of the assessment must be used to reimburse providers of last resort so that they are able to provide telephone service to rural, insular and high-cost areas.

 


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

ê2007 Statutes of Nevada, Page 685 (Chapter 216, AB 518)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 30, inclusive, of this act.

      Sec. 2.  “Basic network service” means the provision of stand-alone telephone service furnished to a residential customer through the customer’s primary residential line as the only service that:

      1.  Is not:

      (a) Part of a package of services;

      (b) Sold in a promotion;

      (c) Purchased pursuant to a contract; or

      (d) Otherwise offered at a discounted price; and

      2.  Provides to the customer:

      (a) Voice-grade access to the public switched telephone network with a minimum bandwidth of 300 to 3,000 hertz;

      (b) Dual tone multifrequency signaling and single party service;

      (c) Access to:

             (1) Operator services;

             (2) Telephone relay services;

             (3) Local directory assistance;

             (4) Interexchange service; and

             (5) Emergency 911 service.

      (d) The first single-line directory listing; and

      (e) Universal lifeline service for those eligible for such service.

      Sec. 3.  “Business line service” means flat or measured rate service for business lines or business trunk lines.

      Sec. 4.  1.  “Competitive supplier” means a telecommunication provider that is subject to the provisions of sections 18 to 30, inclusive, of this act.

      2.  The term does not include a small-scale provider of last resort unless the provider is authorized by the Commission pursuant to section 21 of this act to be regulated as a competitive supplier.

      Sec. 5.  “Fund to maintain the availability of telephone service” means the fund established by the Commission pursuant to NRS 704.040 to maintain the availability of telephone service.

      Sec. 6.  “Incumbent local exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.

      Sec. 7.  “Interexchange carrier” means any person providing either or both intrastate and interstate telecommunication service for a fee between two or more exchanges.

      Sec. 8.  “Local exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 153(26), as that section existed on December 1, 2006.

      Sec. 9.  “Provider of last resort” means the telecommunication provider designated by the regulations of the Commission to provide basic network service and business line service to any person requesting and eligible to receive telephone service in a particular service territory.

 


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

ê2007 Statutes of Nevada, Page 686 (Chapter 216, AB 518)ê

 

      Sec. 10.  “Small-scale provider of last resort” means an incumbent local exchange carrier that is a provider of last resort of basic network service and business line service to customers through less than 60,000 access lines.

      Sec. 11.  “Telecommunication” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information sent and received, regardless of the facilities, equipment or technology used.

      Sec. 12.  “Telecommunication provider” or “telephone company” means any person required to obtain from the Commission a certificate of public convenience and necessity pursuant to NRS 704.330 to provide telecommunication service.

      Sec. 13.  “Telecommunication service” or “telephone service” means the offering of telecommunication for a fee directly to the public, or such classes of users as to be effectively available directly to the public, regardless of the equipment, facilities or technology used.

      Sec. 14.  1.  The Commission shall by regulation establish a procedure for an incumbent local exchange carrier to provide notice via the Internet of interconnection agreements entered into with another telecommunication provider.

      2.  The procedure established by the Commission pursuant to this section for providing notice via the Internet is the exclusive method for providing such notice, and the Commission may not require another method of notice.

      3.  When an incumbent local exchange carrier provides notice via the Internet pursuant to this section, the notice must include a link to the public area of its website where an electronic copy of the interconnection agreements may be obtained.

      Sec. 15.  1.  The Commission shall adopt regulations that establish:

      (a) The obligations of incumbent local exchange carriers as providers of last resort giving due consideration to the status of the incumbent local exchange carriers as either competitive suppliers or small-scale providers of last resort.

      (b) The terms, conditions and procedures under which:

             (1) An incumbent local exchange carrier may be excused from the obligations of the provider of last resort; and

             (2) The Commission may request an incumbent local exchange carrier to reinstate the obligations of the provider of last resort.

      (c) The manner of giving prior written notice of not less than 180 days before another provider of basic network service or business line service may terminate or discontinue such services and the terms of any bond necessary to protect consumers and ensure continuity of such services.

      2.  The regulations adopted by the Commission may not allow an incumbent local exchange carrier to be excused from the obligations of the provider of last resort in situations where the incumbent local exchange carrier, before the effective date of this act, made an agreement to or was specifically ordered to act as the provider of last resort.

      Secs. 16 and 17.  (Deleted by amendment.)

      Sec. 18.  1.  Except as otherwise provided in this section, any telecommunication provider operating within this State is a competitive supplier that is subject to the provisions of sections 18 to 30, inclusive, of this act.

 


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

ê2007 Statutes of Nevada, Page 687 (Chapter 216, AB 518)ê

 

      2.  A small-scale provider of last resort is not a competitive supplier that is subject to the provisions of sections 18 to 30, inclusive, of this act, unless the small-scale provider of last resort is authorized by the Commission pursuant to section 21 of this act to be regulated as a competitive supplier.

      Sec. 19.  The provisions of sections 18 to 30, inclusive, of this act do not:

      1.  Apply to the Commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

      2.  Limit or modify:

      (a) The duties of a competitive supplier that is an incumbent local exchange carrier regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

      (b) The authority of the Commission to act pursuant to NRS 704.6881 and 704.6882.

      Sec. 20.  The Commission may adopt any regulations that are necessary to carry out the provisions of sections 18 to 30, inclusive, of this act.

      Sec. 20.5.  1.  Each competitive supplier that is an incumbent local exchange carrier on the effective date of this act shall:

      (a) On or before October 1, 2008, prepare and submit to the Commission and the Bureau of Consumer Protection in the Office of the Attorney General a report regarding competition in the local markets for telecommunication service, including, without limitation, competition from available alternative services that serve as technological substitutes for telecommunication service. The report must be based on information that is reasonably available from public sources and must contain data, statistical measures and analyses for assessing:

             (1) The existing number of customers of the competitive supplier, the forms of telecommunication service provided by the competitive supplier and the prices for such services;

             (2) The number of competitors in the local markets within the service territory of the competitive supplier for various forms of telecommunication service, including, without limitation, wireline and wireless telecommunication service, and any available alternative services that serve as technological substitutes for telecommunication service, such as broadband services, and a comparison of the services provided by such competitors and prices for telecommunication service and broadband service;

             (3) The growth or decline, if any, in customers and primary access lines of the competitive supplier during the preceding 5 years; and

             (4) The number of persons receiving a reduction in rates for telephone service pursuant to NRS 707.400 to 707.500, inclusive, within the service territory of the competitive supplier, the price of such service, the consumer outreach and informational programs used to expand participation of eligible persons in such service, and the management, coordination and training programs implemented by the competitive supplier to increase awareness and use of lifeline and link-up programs.

 


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

ê2007 Statutes of Nevada, Page 688 (Chapter 216, AB 518)ê

 

      (b) On or before October 1 of each year thereafter for a period of 4 years, prepare and submit to the Commission and the Bureau of Consumer Protection in the Office of the Attorney General a report that compares and evaluates any changes in the data, prices, statistical measures and analyses set forth in the report submitted by the competitive supplier pursuant to paragraph (a).

      2.  The Commission shall:

      (a) On or before December 1 of each applicable year, provide to the Legislative Commission a copy of the reports received pursuant to subsection 1; and

      (b) On or before December 1, 2010, prepare and submit to the Legislative Commission and the Bureau of Consumer Protection in the Office of the Attorney General a report that:

             (1) Summarizes and evaluates the data, prices, statistical measures and analyses set forth in the reports submitted by competitive suppliers pursuant to subsection 1;

             (2) Provides an assessment of market conditions and the state of competition for telecommunication service in the various geographical areas of this State; and

             (3) Includes, without limitation:

                   (I) A discussion of the types of alternative services that serve as technological substitutes for telecommunication service and the availability of such alternative services in the various geographical areas of this State; and

                   (II) An assessment of the alternative services that are available for basic network service and business line service considering inter-modal alternatives, technological developments, market conditions and the availability of comparable alternative services in the various geographical areas of this State.

      Sec. 21.  1.  A small-scale provider of last resort may apply to the Commission to be regulated as a competitive supplier pursuant to sections 18 to 30, inclusive, of this act.

      2.  The Commission may grant the application if it finds that the public interest will be served by allowing the small-scale provider of last resort to be regulated as a competitive supplier.

      3.  If the Commission denies the application, the small-scale provider of last resort:

      (a) May not be regulated as a competitive supplier but remains subject to regulation pursuant to this chapter as a telecommunication provider; and

      (b) May not submit another application to be regulated as a competitive supplier sooner than 1 year after the date the most recent application was denied, unless the Commission, upon a showing of good cause or changed circumstances, allows the provider to submit another application sooner.

      Sec. 22.  1.  A competitive supplier is not subject to any review of earnings or monitoring of the rate base or any other regulation by the Commission relating to the net income or rate of return of the competitive supplier, and the Commission shall not consider the rate of return, the rate base or any other earnings of the competitive supplier in carrying out the provisions of sections 18 to 30, inclusive, of this act.

 


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

ê2007 Statutes of Nevada, Page 689 (Chapter 216, AB 518)ê

 

      2.  On or before May 15 of each year, a competitive supplier shall file with the Commission an annual statement of income, a balance sheet, a statement of cash flows for the total operations of the competitive supplier and a statement of intrastate service revenues, each prepared in accordance with generally accepted accounting principles.

      3.  A competitive supplier is not required to submit any other form of financial report or comply with any other accounting requirements, including, without limitation, requirements relating to depreciation and affiliate transactions, imposed upon a public utility by this chapter, chapter 703 of NRS or the regulations of the Commission.

      Sec. 23.  1.  Except as otherwise provided in sections 18 to 30, inclusive, of this act, a competitive supplier:

      (a) Is exempt from the provisions of NRS 704.100 and 704.110 and the regulations of the Commission relating thereto and from any other provision of this chapter governing the rates, pricing, terms and conditions of any telecommunication service; and

      (b) May exercise complete flexibility in the rates, pricing, terms and conditions of any telecommunication service.

      2.  The rates, pricing, terms and conditions of intrastate switched or special access service provided by a competitive supplier that is an incumbent local exchange carrier and the applicability of such access service to intrastate interexchange traffic are subject to regulation by the Commission, which must be consistent with federal law, unless the Commission deregulates intrastate switched or special access service pursuant to section 26 of this act.

      3.  A competitive supplier that is an incumbent local exchange carrier shall use a letter of advice to change any rates, pricing, terms and conditions of intrastate switched or special access service, universal lifeline service or access to emergency 911 service. A letter of advice submitted pursuant to this subsection shall be deemed approved if the Commission does not otherwise act on the letter of advice within 120 days after the date on which the letter is filed with the Commission.

      Sec. 24.  1.  A competitive supplier is not required to maintain or file any schedule or tariff with the Commission.

      2.  Each competitive supplier that is an incumbent local exchange carrier:

      (a) Shall publish the rates, pricing, terms and conditions of basic network service by:

             (1) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;

             (2) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; or

             (3) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer; and

      (b) May publish the rates, pricing, terms and conditions of other telecommunication service by:

 


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

ê2007 Statutes of Nevada, Page 690 (Chapter 216, AB 518)ê

 

             (1) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;

             (2) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; or

             (3) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer.

      Sec. 25.  1.  The Commission shall not decrease the rates or pricing of basic network service provided by a competitive supplier, unless the competitive supplier files a general rate application pursuant to paragraph (b) of subsection 2 and the Commission orders a decrease in the rates or pricing of such service in a general rate case proceeding conducted pursuant thereto.

      2.  Except as otherwise provided in this section, a competitive supplier that is an incumbent local exchange carrier shall not:

      (a) Without the approval of the Commission, discontinue basic network service or change the terms and conditions of basic network service as set forth in the tariffs of the competitive supplier that were in effect on January 1, 2007.

      (b) Before January 1, 2012, increase the rates or pricing of basic network service as set forth in the tariffs of the competitive supplier that were in effect on January 1, 2007, except that notwithstanding any other provision of this chapter:

             (1) On or after January 1, 2011, and before January 1, 2012, the competitive supplier may, without the approval of the Commission, increase the rates or pricing of basic network service provided by the competitive supplier but the total of all increases during that period may not result in rates or pricing of basic network service that is more than $1 above the rates or pricing set forth in the tariffs of the competitive supplier that were in effect on January 1, 2007; and

             (2) The Commission may allow the competitive supplier to increase the rates or pricing of basic network service above the amounts authorized by this subsection only if the competitive supplier files a general rate application and proves in a general rate case proceeding conducted pursuant to NRS 704.110 and 704.120 that the increase is absolutely necessary to avoid rates or prices that are confiscatory under the Constitution of the United States or the Constitution of this State. In such a general rate case proceeding, the Commission:

                   (I) May allow an increase in the rates or pricing of basic network service provided by the competitive supplier only in an amount that the competitive supplier proves in the general rate case proceeding is absolutely necessary to avoid an unconstitutional result and shall not authorize in the general rate case proceeding any rate, price or other relief for the competitive supplier that is not proven by the competitive supplier to be absolutely necessary to avoid an unconstitutional result; and

                   (II) May order a decrease in the rates or pricing of basic network service provided by the competitive supplier if the Commission determines in the general rate case proceeding that the decrease is necessary to provide customers with just and reasonable rates.

 


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

ê2007 Statutes of Nevada, Page 691 (Chapter 216, AB 518)ê

 

      3.  On or after January 1, 2012:

      (a) A competitive supplier that is an incumbent local exchange carrier may exercise flexibility in the rates, pricing, terms and conditions of basic network service in the same manner permitted for other telecommunication service pursuant to section 23 of this act; and

      (b) The Commission shall not:

             (1) Regulate the rates, pricing, terms and conditions of basic network service provided by such a competitive supplier; or

             (2) Require such a competitive supplier to maintain any schedule or tariff for basic network service.

      4.  A competitive supplier that is an incumbent local exchange carrier must provide reasonably detailed information concerning the rates, pricing, terms and conditions of basic network service in the manner required by section 24 of this act.

      Sec. 26.  1.  A competitive supplier shall provide access to emergency 911 service and shall not discontinue such access.

      2.  The Commission may, upon its own motion or the petition of any person, deregulate intrastate switched or special access service provided by a competitive supplier. Unless the Commission deregulates such access service pursuant to this subsection, the rates, pricing, terms and conditions of such access service are subject to tariff regulation by the Commission.

      3.  If the Commission receives a petition pursuant to subsection 2, the Commission shall act upon the petition not later than 120 days after the date the Commission receives the petition.

      Sec. 27.  1.  A competitive supplier that is a provider of last resort may use an alternative technology to satisfy the obligation to provide basic network service or business line service in a service territory.

      2.  Except as otherwise provided in this section, the Commission may not exercise jurisdiction over an alternative technology used by a competitive supplier that is a provider of last resort to satisfy the obligation to provide basic network service or business line service in a service territory, including, without limitation, determining the rates, pricing, terms, conditions or availability of an alternative technology.

      3.  If a competitive supplier that is a provider of last resort uses an alternative technology to satisfy the obligation to provide basic network service or business line service in a service territory, the Commission may investigate whether basic network service or business line service provided through the alternative technology by the competitive supplier is functionally comparable with circuit-switched wireline telephony.

      4.  If, after notice and hearing, the Commission finds any material deficiency in the competitive supplier’s use of the alternative technology to satisfy the obligation to provide basic network service or business line service, the Commission may order the competitive supplier to implement corrective action, within a technically reasonable period, to cure the material deficiency in the use of the alternative technology.

      5.  As used in this section, “alternative technology” means any technology, facility or equipment, other than circuit-switched wireline telephony, that has the capability to provide customers with service functionally comparable to basic network service or business line service. The term includes, without limitation, wireless or Internet technology, facilities or equipment.

 


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

ê2007 Statutes of Nevada, Page 692 (Chapter 216, AB 518)ê

 

      Sec. 28.  If a competitive supplier charges a customer a fixed price or amount for a package of services, the competitive supplier, in any bill or statement for the package of services, is permitted to specify only the fixed price or amount for the package of services and is not required to:

      1.  Identify each separate service or component included in the package of services; or

      2.  Specify the unit price or amount charged for each separate service or component included in the package of services.

      Sec. 29.  1.  A competitive supplier that is not a provider of last resort may discontinue any telecommunication service by providing written notice, not less than 10 days before the date of the discontinuation, to any customer of that service and the Commission.

      2.  A competitive supplier that is a provider of last resort may:

      (a) Discontinue any telecommunication service, except basic network service, by providing written notice, not less than 10 days before the date of the discontinuation, to any customer of that service and the Commission.

      (b) Apply to the Commission to discontinue basic network service to all or a portion of the service territory of the competitive supplier on terms that are in the public interest.

      Sec. 30.  In exercising flexibility in the rates, pricing, terms and conditions of any telecommunication service, a competitive supplier that is an incumbent local exchange carrier shall not engage in any anticompetitive act or practice or unlawfully discriminate among similarly situated customers.

      Sec. 31.  NRS 704.001 is hereby amended to read as follows:

      704.001  It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter:

      1.  To confer upon the Commission the power, and to make it the duty of the Commission, to regulate public utilities to the extent of its jurisdiction;

      2.  To provide for fair and impartial regulation of public utilities;

      3.  To provide for the safe, economic, efficient, prudent and reliable operation and service of public utilities; [and]

      4.  To balance the interests of customers and shareholders of public utilities by providing public utilities with the opportunity to earn a fair return on their investments while providing customers with just and reasonable rates [.] ; and

      5.  With regard to telecommunication service:

      (a) To regulate competitive suppliers in a manner that allows customers to benefit from full competition regarding rates and services;

      (b) To provide for basic network service to economically disadvantaged persons who are eligible for a reduction in rates for telephone service pursuant to NRS 707.400 to 707.500, inclusive; and

      (c) To maintain the availability of telephone service to rural, insular and high-cost areas through:

             (1) The levy and collection of a uniform and equitable assessment from all persons furnishing intrastate telecommunication service or the functional equivalent of such service through any form of telephony technology; and

             (2) Payments to telecommunication providers from the fund to maintain the availability of telephone service.

 


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

ê2007 Statutes of Nevada, Page 693 (Chapter 216, AB 518)ê

 

      Sec. 32.  NRS 704.005 is hereby amended to read as follows:

      704.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704.007 to 704.030, inclusive, and sections 2 to 13, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 33.  NRS 704.020 is hereby amended to read as follows:

      704.020  1.  “Public utility” or “utility” includes:

      (a) Any person who owns, operates, manages or controls any railroad or part of a railroad as a common carrier in this State, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether or not they are owned by the railroad.

      (b) Any [telephone company] person, other than a provider of commercial mobile radio service, that provides a telecommunication service to the public, but only with regard to those operations [of the telephone company] which consist of providing a telecommunication service to the public.

      (c) Any provider of commercial mobile radio service, but such providers:

             (1) Must be regulated in a manner consistent with federal law; and

             (2) Must not be regulated as telecommunication providers for the purposes of this chapter.

      (d) Any radio or broadcasting company or instrumentality that provides a common or contract service.

      [(d)] (e) Any company that owns cars of any kind or character, used and operated as a part of railroad trains, in or through this State. All duties required of and penalties imposed upon any railroad or any officer or agent thereof are, insofar as applicable, required of and imposed upon [the owner or operator of any telephone company that provides a telecommunication service to the public, any radio or broadcasting company or instrumentality that provides a common or contract service] any public utility and any other company that owns cars of any kind or character, used and operated as a part of railroad trains in or through this State, and their officers and agents, and the Commission may supervise and control all such companies, instrumentalities and persons to the same extent as railroads.

      2.  “Public utility” or “utility” also includes:

      (a) Any person who owns, operates or controls any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.

      (b) Any plant or equipment, or any part of a plant or equipment, within this State for the production, delivery or furnishing for or to other persons, including private or municipal corporations, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether or not within the limits of municipalities.

      (c) Any system for the distribution of liquefied petroleum gas to 10 or more users.

Ê The Commission may supervise, regulate and control all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.

 


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

ê2007 Statutes of Nevada, Page 694 (Chapter 216, AB 518)ê

 

      3.  The provisions of this chapter and the term “public utility” apply to all railroads, express companies, car companies and all associations of persons, whether or not incorporated, that do any business as a common carrier upon or over any line of railroad within this State.

      Sec. 34.  NRS 704.033 is hereby amended to read as follows:

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

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

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

      (b) For the use of the Consumer’s Advocate, not more than 0.75 mills,

Ê on each dollar of gross operating revenue derived from the intrastate operations of such utilities, providers of discretionary natural gas service and alternative sellers in the State of Nevada. The total annual assessment must be not more than 4.25 mills.

      3.  The levy for the use of the Consumer’s Advocate must not be assessed against railroads.

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

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

      (a) [Telephone utilities,] Telecommunication providers, except as provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues.

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

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

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

      Sec. 35.  NRS 704.040 is hereby amended to read as follows:

      704.040  1.  Every public utility shall furnish reasonably adequate service and facilities . [, and] Subject to the provisions of subsection 3, the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

      2.  Every unjust and unreasonable charge for service of a public utility is unlawful.

      [3.  The Commission may exempt, to the extent it deems reasonable, services related to telecommunication or public utilities which provide telecommunication services from any or all of the provisions of this chapter, upon a determination after hearing that the services are competitive or discretionary and that regulation thereof is unnecessary. For the purposes of this subsection, basic local exchange service and access services provided to interexchange carriers are not discretionary.

      4.  The Commission shall adopt regulations necessary to establish a plan of alternative regulation for a public utility that provides telecommunication services. The plan of alternative regulation may include, but is not limited to, provisions that:

 


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

ê2007 Statutes of Nevada, Page 695 (Chapter 216, AB 518)ê

 

      (a) Allow adjustment of the rates charged by a public utility that provides telecommunication services during the period in which the utility elects the plan of alternative regulation.

      (b) Provide for flexibility of pricing for discretionary services and services that are competitive.

      (c) Specify the provisions of this chapter, NRS 426.295 and chapter 707 of NRS that do not apply to a public utility that elects to be regulated under the plan of alternative regulation.

      (d) Except as otherwise provided in this paragraph and NRS 704.68952, if the public utility is an incumbent local exchange carrier, allow the incumbent local exchange carrier to select the duration of the period in which the incumbent local exchange carrier is to be regulated under the plan of alternative regulation. The incumbent local exchange carrier may not select a period that is less than 3 years or more than 5 years. The provisions of this paragraph do not apply to a plan of alternative regulation of an incumbent local exchange carrier regulated under a plan of alternative regulation that was approved by the Commission before June 11, 2003.

      5.  A public utility that elects to be regulated under a plan of alternative regulation established pursuant to subsection 4 is not subject to the remaining]

      3.  Except as otherwise provided in sections 18 to 30, inclusive, of this act:

      (a) A competitive supplier is exempt from any provision of this chapter governing the rates, prices, terms and conditions of any telecommunication service.

      (b) A small-scale provider of last resort is subject to the provisions of this chapter, NRS 426.295 [or] and chapter 707 of NRS . [to the extent specified pursuant to paragraph (c) of subsection 4.

      6.] 4.  All telecommunication providers [of telecommunication services] which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.

      [7.  The Commission may]

      5.  To maintain the availability of telephone service in accordance with the regulations adopted pursuant to NRS 704.6873, the Commission shall provide for the levy and collection of [an] a uniform and equitable assessment, in an amount determined by the Commission, from [a public utility that provides telecommunication services in order to maintain the availability of telephone service.] all persons furnishing intrastate telecommunication service or the functional equivalent of such service through any form of telephony technology, unless the levy and collection of the assessment with regard to a particular form of technology is prohibited by federal law. Assessments levied and collected pursuant to this subsection must be maintained in a separate fund established by the Commission. The Commission shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the Commission. The independent administrator shall collect the assessments levied and distribute them from the fund pursuant to a plan which has been approved by the Commission. Money in the fund must be used for the sole purpose of maintaining the availability of telephone service.

      [8.  As used in this section:

 


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

ê2007 Statutes of Nevada, Page 696 (Chapter 216, AB 518)ê

 

      (a) “Incumbent local exchange carrier” has the meaning ascribed to it in NRS 704.68932.

      (b) “Interexchange carrier” means any person providing intrastate telecommunications service for a fee between two or more exchanges.]

      Sec. 36.  NRS 704.070 is hereby amended to read as follows:

      704.070  [Unless exempt under the provisions of] Except as otherwise provided in NRS 704.075, 704.095 or 704.097 [:] and sections 18 to 30, inclusive, of this act:

      1.  Each public utility shall file with the Commission, within a time to be fixed by the Commission, a copy of all schedules that are currently in force for the public utility. Such schedules must be open to public inspection.

      2.  A copy of each schedule that is currently in force for the public utility, or so much of the schedule as the Commission deems necessary for inspection by the public, must be:

      (a) Printed in plain type and posted in each office of the public utility where payments are made to the public utility by its customers; and

      (b) Open to inspection by the public and in such form and place as to be readily accessible to and conveniently inspected by the public.

      Sec. 37.  NRS 704.100 is hereby amended to read as follows:

      704.100  Except as otherwise provided in NRS 704.075 and [704.68904 to 704.68984,] sections 18 to 30, inclusive, of this act or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097 : [or pursuant to the regulations adopted by the Commission in accordance with subsection 4 of NRS 704.040:]

      1.  A public utility shall not make changes in any schedule, unless the public utility:

      (a) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or

      (b) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of subsection 5.

      2.  A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utility’s recorded costs of natural gas purchased for resale.

      3.  A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

      4.  A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.

      5.  Except as otherwise provided in subsection 6, if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue, as certified by the public utility, in an amount that does not exceed $2,500:

      (a) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and

 


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

ê2007 Statutes of Nevada, Page 697 (Chapter 216, AB 518)ê

 

      (b) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

      6.  If the applicant is a [public utility furnishing telephone service] small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less, the Commission shall determine whether it should dispense with a hearing regarding the proposed change.

      7.  In making the determination pursuant to subsection 5 or 6, the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

      Sec. 38.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 and [704.68904 to 704.68984,] sections 18 to 30, inclusive, of this act or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097 : [or pursuant to the regulations adopted by the Commission in accordance with subsection 4 of NRS 704.040:]

      1.  If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an application to clear its deferred accounts, the Consumer’s Advocate shall be deemed a party of record.

      2.  Except as otherwise provided in [subsections 3 and 13,] subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall issue a written order approving or disapproving, in whole or in part, the proposed changes [:

      (a) For a public utility that is a PAR carrier, not later than 180 days after the date on which the application is filed; and

      (b) For all other public utilities,] not later than 210 days after the date on which the application is filed.

      3.  If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application.

 


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

ê2007 Statutes of Nevada, Page 698 (Chapter 216, AB 518)ê

 

Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. An electric utility shall file a general rate application pursuant to this subsection at least once every 24 months based on the following schedule:

      (a) An electric utility that primarily serves less densely populated counties shall file a general rate application on or before October 3, 2005, and at least once every 24 months thereafter.

      (b) An electric utility that primarily serves densely populated counties shall file a general rate application on or before November 15, 2006, and at least once every 24 months thereafter.

      4.  In addition to submitting the statement required pursuant to subsection 3, a public utility which purchases natural gas for resale may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. If the Commission determines that the public utility has met its burden of proof:

      (a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

      (b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

      5.  If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.

      6.  If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7 or an application to clear its deferred accounts pursuant to subsection 9, if the public utility is otherwise authorized by those provisions to file such an application.

 


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

ê2007 Statutes of Nevada, Page 699 (Chapter 216, AB 518)ê

 

pursuant to subsection 7 or an application to clear its deferred accounts pursuant to subsection 9, if the public utility is otherwise authorized by those provisions to file such an application.

      7.  A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:

      (a) An electric utility using deferred accounting pursuant to NRS 704.187; or

      (b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8.

      8.  A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utility’s recorded costs of natural gas purchased for resale. If the Commission approves such a request:

      (a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment between annual rate adjustment applications. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

             (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

             (2) Must include the following:

                   (I) The total amount of the increase or decrease in the public utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

                   (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                   (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission; and

                   (IV) Any other information required by the Commission.

      (c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and a review of the transactions and recorded costs of natural gas included in each quarterly rate adjustment and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

 


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

ê2007 Statutes of Nevada, Page 700 (Chapter 216, AB 518)ê

 

quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

      (e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.

      9.  Except as otherwise provided in subsection 10 and subsection 5 of NRS 704.100, if an electric utility using deferred accounting pursuant to NRS 704.187 files an application to clear its deferred accounts and to change one or more of its rates based upon changes in the costs for purchased fuel or purchased power, the Commission, after a public hearing and by an appropriate order:

      (a) Shall allow the electric utility to clear its deferred accounts by refunding any credit balance or recovering any debit balance over a period not to exceed 3 years, as determined by the Commission.

      (b) Shall not allow the electric utility to recover any debit balance, or portion thereof, in an amount that would result in a rate of return during the period of recovery that exceeds the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility.

      10.  Before allowing an electric utility to clear its deferred accounts pursuant to subsection 9, the Commission shall determine whether the costs for purchased fuel and purchased power that the electric utility recorded in its deferred accounts are recoverable and whether the revenues that the electric utility collected from customers in this State for purchased fuel and purchased power are properly recorded and credited in its deferred accounts. The Commission shall not allow the electric utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility.

      11.  If an electric utility files an application to clear its deferred accounts pursuant to subsection 9 while a general rate application is pending, the electric utility shall:

      (a) Submit with its application to clear its deferred accounts information relating to the cost of service and rate design; and

      (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

      12.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

      13.  [A PAR carrier may, in accordance with this section and NRS 704.100, file with the Commission a request to approve or change any schedule to provide volume or duration discounts to rates for telecommunication service for an offering made to all or any class of business customers. The Commission may conduct a hearing relating to the request, which must occur within 45 days after the date the request is filed with the Commission.

 


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

ê2007 Statutes of Nevada, Page 701 (Chapter 216, AB 518)ê

 

with the Commission. The request and schedule shall be deemed approved if the request and schedule are not disapproved by the Commission within 60 days after the date the Commission receives the request.

      14.]  As used in this section:

      (a) “Electric utility” has the meaning ascribed to it in NRS 704.187.

      (b) “Electric utility that primarily serves densely populated counties” has the meaning ascribed to it in NRS 704.187.

      (c) “Electric utility that primarily serves less densely populated counties” has the meaning ascribed to it in NRS 704.187.

      [(d) “PAR carrier” has the meaning ascribed to it in NRS 704.68942.]

      Sec. 39.  NRS 704.120 is hereby amended to read as follows:

      704.120  1.  If, upon any hearing and after due investigation, the rates, tolls, charges, schedules or joint rates shall be found to be unjust, unreasonable or unjustly discriminatory, or to be preferential, or otherwise in violation of any of the provisions of this chapter, the Commission shall have the power to fix and order substituted therefor such rate or rates, tolls, charges or schedules as shall be just and reasonable.

      2.  If it shall in like manner be found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it be found that the service is inadequate, or that any reasonable service cannot be obtained, the Commission shall have the power to substitute therefor such other regulations, measurements, practices, service or acts and make such order relating thereto as may be just and reasonable.

      3.  When complaint is made of more than one rate, charge or practice, the Commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe.

      4.  No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

      5.  The Commission may at any time, upon its own motion, investigate any of the rates, tolls, charges, rules, regulations, practices and service, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.

      6.  The provisions of this section do not apply to a competitive supplier, except that a competitive supplier that is an incumbent local exchange carrier is subject to the provisions of this section with regard to:

      (a) The provision of basic network service until January 1, 2012; and

      (b) Any general rate application filed by the competitive supplier pursuant to paragraph (b) of subsection 2 of section 25 of this act. If the competitive supplier files such a general rate application, the general rate case proceeding must be conducted by the Commission in accordance with this section and NRS 704.110.

      Sec. 40.  NRS 704.175 is hereby amended to read as follows:

      704.175  1.  Except as provided in subsection 2, any public utility which installs or modifies any electrical supply line in any building or facility which it owns or operates, if the building or facility is open and accessible to the general public, shall perform such installation or modification as if the National Electrical Code adopted by the National Fire Protection Association applied to such work, and any local government which regulates electrical construction shall inspect such work within its jurisdiction for compliance with this section.

 


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

ê2007 Statutes of Nevada, Page 702 (Chapter 216, AB 518)ê

 

which regulates electrical construction shall inspect such work within its jurisdiction for compliance with this section.

      2.  Communication equipment and related apparatus are exempted from the provisions of subsection 1 only if the equipment and apparatus [is] are owned, installed, operated and maintained by a [public utility which provides communication services] telecommunication provider under the jurisdiction of the Commission.

      Sec. 41.  NRS 704.210 is hereby amended to read as follows:

      704.210  [The]

      1.  Except as otherwise provided in subsection 2, the Commission may:

      [1.] (a) Adopt necessary and reasonable regulations governing the procedure, administration and enforcement of the provisions of this chapter, subject to the provisions of NRS 416.060.

      [2.] (b) Prescribe classifications of the service of all public utilities and, except as otherwise provided in NRS 704.075, fix and regulate the rates therefor.

      [3.] (c) Fix just and reasonable charges for transportation of all intrastate freight and passengers and the rates and tolls for the use of telephone lines within the State.

      [4.] (d) Adopt just and reasonable regulations for the apportionment of all joint rates and charges between public utilities.

      [5.] (e) Consider the need for the conservation of energy when acting pursuant to the provisions of [subsections 1, 2 and 3.] this subsection.

      2.  The provisions of subsection 1 do not apply to a competitive supplier.

      Sec. 42.  NRS 704.215 is hereby amended to read as follows:

      704.215  [The]

      1.  Subject to the provisions of this chapter, the Commission may adopt by reference all or part of any appropriate:

      [1.] (a) Rule, regulation or rate [related to telecommunications services] schedule relating to telecommunication service issued by an agency of the Federal Government or of any state.

      [2.] (b) Regulation proposed by the National Association of Regulatory Utility Commissioners or code issued by a national or state professional society.

[Ê]

      2.  A copy of each such rule, regulation, rate schedule [related to telecommunications services] or code [so] adopted by the Commission pursuant to this section must be included with the regulations filed with the Secretary of State.

      Sec. 43.  NRS 704.328 is hereby amended to read as follows:

      704.328  The provisions of NRS 704.322 to 704.326, inclusive, [shall] do not apply to [any] :

      1.  A public utility engaged in:

      [1.] (a) Interstate commerce if 25 percent or more of the operating revenues of such public utility are derived from interstate commerce.

      [2.] (b) The business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if the utility:

      [(a)] (1) Serves 15 persons or less; and

      [(b)] (2) Operates in a county whose population is 400,000 or more.

      2.  A competitive supplier.

      Sec. 44.  (Deleted by amendment.)

 


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

ê2007 Statutes of Nevada, Page 703 (Chapter 216, AB 518)ê

 

      Sec. 45.  NRS 704.330 is hereby amended to read as follows:

      704.330  1.  [Every public utility] Except as otherwise provided in this section, any person owning, controlling, operating or maintaining or having any contemplation of owning, controlling or operating any public utility shall, before beginning such operation or continuing operations or construction of any line, plant or system or any extension of a line, plant or system within this State, obtain from the Commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction.

      2.  [Nothing in] The provisions of this section [requires] do not require a public utility to secure such a certificate for any extension within any town or city within which it lawfully has commenced operations or for any other extension [as long as] if the extension:

      (a) Is undertaken by a small-scale provider of last resort to serve a telephone toll station or stations to be located not more than 10 miles from existing telephone facilities; [or]

      (b) Is undertaken for any purpose by a competitive supplier; or

      (c) Remains within the boundaries of the service area which have been established by the Commission for its railroad, line, plant or system, and not then served by a public utility of like character.

      3.  Upon the granting of any certificate of public convenience, the Commission may make such an order and prescribe such terms and conditions for the location of lines, plants or systems to be constructed, extended or affected as may be just and reasonable.

      4.  When a complaint has been filed with the Commission alleging that any utility is being operated without a certificate of public convenience and necessity as required by this section, or when the Commission has reason to believe that any provision of this section is being violated, the Commission shall investigate such operations and the Commission may, after a hearing, make its order requiring the owner or operator of the utility to cease and desist from any operation in violation of this section. The Commission shall enforce compliance with such an order under the powers vested in the Commission by law.

      5.  If any public utility in constructing or extending its line, plant or system interferes or is about to interfere with the operation of the line, plant or system of any other public utility already constructed, the Commission, on complaint of the public utility claiming to be injuriously affected, after hearing, may make such an order prohibiting the construction or extension, or prescribing such terms and conditions for the location of the lines, plants or systems affected, as to it may seem just and reasonable.

      6.  Except as otherwise provided in [subsection 7, whenever] subsections 7 and 8, if the Commission, after a hearing upon its own motion or upon complaint, finds that there is or will be a duplication of service by public utilities in any area, the Commission shall either issue a certificate of public convenience and necessity assigning specific territories to one or to each of such utilities, or, by certificate of public convenience and necessity, otherwise define the conditions of rendering service and construction, extensions within such territories, and shall order the elimination of such duplication, all upon such terms as are just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.

 


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

ê2007 Statutes of Nevada, Page 704 (Chapter 216, AB 518)ê

 

      7.  The Commission may allow and regulate a duplication of service by [public utilities] telecommunication providers in an area [if:

      (a) The service provided is related to telecommunication; and

      (b) It] where the provider of last resort is a small-scale provider of last resort if the Commission finds that the competition should occur and that any duplication of service is reasonable.

      8.  The Commission:

      (a) Shall allow a duplication of service or facilities by telecommunication providers in an area where the provider of last resort is a competitive supplier; and

      (b) On or after January 1, 2012, shall not regulate a duplication of service or facilities by telecommunication providers in an area where the provider of last resort is a competitive supplier.

      9.  A competitive supplier that is a provider of last resort:

      (a) Must provide to the Commission a description of and map depicting the boundaries of the service area in which the Commission has designated the competitive supplier as the provider of last resort; and

      (b) May change the boundaries of that service area by filing an application with the Commission. The application shall be deemed approved if the Commission does not act on the application within 120 days after the date the application is filed with the Commission.

      Sec. 46.  NRS 704.380 is hereby amended to read as follows:

      704.380  [No] 1.  Except as otherwise provided in subsection 2, any public utility beginning, prosecuting or completing any new construction in violation of this chapter [shall be] is not permitted to levy any tolls or charges for services rendered, and all such tolls and charges [shall be] are void.

      2.  The provisions of subsection 1 do not apply to a competitive supplier that is operating in accordance with the provisions of this chapter governing telecommunication providers.

      Sec. 47.  NRS 704.390 is hereby amended to read as follows:

      704.390  1.  [It] Except as otherwise provided in sections 18 to 30, inclusive, of this act, it is unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon 30 days’ notice filed with the Commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the Commission, made after hearing, permitting such discontinuance, modification or restriction of service.

      2.  Except as otherwise provided in subsection 3, the Commission, in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.

      3.  The Commission shall not dispense with the hearing on the application of an electric utility.

      Sec. 48.  NRS 704.410 is hereby amended to read as follows:

      704.410  1.  Any public utility subject to the provisions of NRS 704.001 to 704.7595, inclusive, to which a certificate of public convenience and necessity has been issued pursuant to NRS 704.001 to 704.7595, inclusive, may transfer the certificate to any person qualified under NRS 704.001 to 704.7595, inclusive.

 


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

ê2007 Statutes of Nevada, Page 705 (Chapter 216, AB 518)ê

 

inclusive, may transfer the certificate to any person qualified under NRS 704.001 to 704.7595, inclusive. Such a transfer is void and unenforceable and is not valid for any purpose unless:

      (a) A joint application to make the transfer has been made to the Commission by the transferor and the transferee [;] or the transfer is incident to a transaction that is subject to an application under NRS 704.329 approved by the Commission; and

      (b) The Commission has authorized the substitution of the transferee for the transferor. If the transferor is an electric utility, the Commission shall not authorize the transfer unless the transfer complies with the provisions of NRS 704.7561 to 704.7595, inclusive.

      2.  The Commission:

      (a) Shall conduct a hearing on a transfer involving an electric utility. The hearing must be noticed and conducted in the same manner as other contested hearings before the Commission.

      (b) May direct that a hearing be conducted on a transfer involving any other public utility. If the Commission determines that such a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the Commission. The Commission may dispense with such a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.

      3.  In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the Commission must take into consideration:

      (a) The utility service performed by the transferor and the proposed utility service of the transferee;

      (b) Other authorized utility services in the territory for which the transfer is sought;

      (c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.001 to 704.7595, inclusive; and

      (d) Whether the transfer will be in the public interest.

      4.  The Commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.

      5.  No transfer is valid beyond the life of the certificate transferred.

      Sec. 49.  NRS 704.440 is hereby amended to read as follows:

      704.440  1.  [The] Except as otherwise provided in subsection 2, the Commission may, in its discretion, investigate and ascertain the value of all property of every public utility actually used and useful for the convenience of the public.

      [2.]  In making such an investigation , the Commission may avail itself of all information contained in the assessment rolls of the various counties and the public records and files of all state departments, offices and commissions, and any other information obtainable.

      2.  The provisions of subsection 1 do not apply to a competitive supplier.

      Sec. 50.  NRS 704.684 is hereby amended to read as follows:

      704.684  1.  Except as otherwise provided in [subsection 2 and NRS 704.68984,] this section, the Commission shall not regulate any broadband service, including imposing any requirements relating to the terms, conditions, rates or availability of broadband service.

 


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

ê2007 Statutes of Nevada, Page 706 (Chapter 216, AB 518)ê

 

service, including imposing any requirements relating to the terms, conditions, rates or availability of broadband service.

      2.  The provisions of subsection 1 do not limit or modify the authority of the Commission to:

      (a) Consider any revenues, costs and expenses that a [public utility] small-scale provider of last resort derives from providing a broadband service, if the Commission is determining the rates of the [public utility] provider under a general rate application that is filed pursuant to subsection 3 of NRS 704.110;

      (b) Act on a complaint filed pursuant to NRS 703.310, if the complaint relates to a broadband service that is provided by a public utility;

      (c) Include any appropriate gross operating revenue that a public utility derives from providing broadband service when the Commission calculates the gross operating revenue of the public utility for the purposes of levying and collecting the annual assessment in accordance with the provisions of NRS 704.033; or

      (d) Determine the rates, pricing, terms and conditions of intrastate switched or special access services [.] provided by a telecommunication provider.

      3.  The provisions of subsection 1 do not:

      (a) Apply to the Commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

      (b) Limit or modify:

             (1) The duties of a telecommunication provider regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

             (2) The authority of the Commission to act pursuant to NRS 704.6881 and 704.6882.

      4.  As used in this section [:

      (a) “Affiliate of an incumbent local exchange carrier” has the meaning ascribed to it in NRS 704.6891.

      (b) “Broadband] , “broadband service” means any two-way service that transmits information at a rate that is generally not less than 200 kilobits per second in at least one direction.

      [(c) “Incumbent local exchange carrier” has the meaning ascribed to it in NRS 704.68932.]

      Sec. 51.  NRS 704.6873 is hereby amended to read as follows:

      704.6873  1.  The Commission shall adopt regulations that require each [utility which provides telecommunication services] telecommunication provider furnishing service to:

      (a) An elementary or secondary public school; or

      (b) A public library,

Ê to establish discounts in the rates for the telecommunication services that the [utility provides] provider furnishes to that school or library. The amount of the discount must be determined by the Commission in a manner that is consistent with the provisions of 47 U.S.C. § 254.

      2.  The Commission shall adopt regulations that require each [utility which provides telecommunication services] telecommunication provider furnishing service to:

 


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

ê2007 Statutes of Nevada, Page 707 (Chapter 216, AB 518)ê

 

      (a) Public or private nonprofit providers of health care which serve persons in rural areas; or

      (b) Persons with low income and persons in rural, insular and high-cost areas,

Ê to ensure that such providers of health care and persons have access to telecommunication services that are reasonably comparable to those services available in urban areas and that the rates for such services charged by the [utility] telecommunication provider are reasonably comparable to those charged in the urban areas, to the extent required by the provisions of 47 U.S.C. § 254.

      3.  The Commission shall adopt regulations which set forth the requirements for eligibility for [persons] :

      (a) Persons with low income [and definitions for] to receive a reduction in rates for telephone service pursuant to NRS 707.400 to 707.500, inclusive. The regulations adopted pursuant to this paragraph must provide that if a person is a customer of:

             (1) A competitive supplier that is an incumbent local exchange carrier, the person is eligible to receive a reduction in rates if the person’s household has a total household gross income not exceeding 175 percent of the federally established poverty level for a household with the same number of persons; and

             (2) Any other competitive supplier or a small-scale provider of last resort, the person is eligible to receive a reduction in rates if the person’s household has a total household gross income not exceeding 150 percent of the federally established poverty level for a household with the same number of persons.

      (b) Small-scale providers of last resort to apply to receive payments from the fund to maintain the availability of telephone service with regard to rural, insular and high-cost areas.

      (c) Competitive suppliers that are providers of last resort to apply to receive payments from the fund to maintain the availability of telephone service with regard to rural, insular and high-cost areas.

      4.  Any regulations adopted pursuant to this section and NRS 704.040 regarding the availability of telephone service must [be] :

      (a) Be consistent with the applicable provisions of 47 U.S.C. § 254 [.] ;

      (b) Define rural, insular and high-cost areas;

      (c) Establish nondiscriminatory eligibility requirements for all small-scale providers of last resort that apply to receive payments from the fund to maintain the availability of telephone service with regard to rural, insular and high-cost areas; and

      (d) Allow competitive suppliers which are providers of last resort and which meet the eligibility requirements established by the Commission to apply to receive payments from the fund to maintain the availability of telephone service with regard to rural, insular and high-cost areas.

      Sec. 52.  NRS 704.6875 is hereby amended to read as follows:

      704.6875  1.  Except as otherwise provided in subsection 2, each [public utility which provides telecommunication services] telecommunication provider shall provide timely written notice to a customer of the duration of each call that is billed to the customer, reported in minutes, seconds or any fraction thereof, if the charges for the telecommunication services are calculated, in whole or in part, on the basis of the duration of the call.

 


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

ê2007 Statutes of Nevada, Page 708 (Chapter 216, AB 518)ê

 

      2.  The provisions of this section do not apply to measured rate service . [that is regulated by the Commission.]

      Sec. 53.  NRS 704.6881 is hereby amended to read as follows:

      704.6881  The Commission shall, by regulation:

      1.  Establish standards of performance and reporting regarding the provision of interconnection, unbundled network elements and resold services, which encourage competition and discourage discriminatory conduct in the provision of local telecommunication services; and

      2.  Notwithstanding the provisions of NRS 703.320 to the contrary, establish penalties and expedited procedures for imposing penalties upon a telecommunication provider [of telecommunication services] for actions that are inconsistent with the standards established by the Commission pursuant to subsection 1. Such penalties may include financial payment to the complaining telecommunication provider [of telecommunication services] for a violation of the standards established by the Commission pursuant to subsection 1, provided that any penalty paid must be deducted, with interest, from any other award under any other judicial or administrative procedure for the same conduct in the same reporting period. Any penalty imposed pursuant to this subsection is in lieu of the civil penalties set forth in NRS 703.380 and must be:

      (a) Imposed for violating a standard or standards established by regulations of the Commission pursuant to subsection 1;

      (b) Determined by the Commission to further the goal of encouraging competition or discouraging discriminatory conduct; and

      (c) In an amount reasonable to encourage competition or discourage discriminatory conduct.

      Sec. 54.  NRS 704.6882 is hereby amended to read as follows:

      704.6882  Notwithstanding the provisions of NRS 703.310 and 703.320, the Commission shall establish by regulation expedited procedures for complaints filed by a telecommunication provider [of telecommunication services] against another telecommunication provider [of telecommunication services] for any dispute arising under this chapter , including, without limitation, a dispute arising under the standards set forth in section 30 of this act, or arising under chapter 703 of NRS. [, including] The regulations may include, without limitation, specific procedures for interim relief that may include a preliminary decision by a single Commissioner except as to the imposition of monetary penalties.

      Sec. 55.  NRS 704.6884 is hereby amended to read as follows:

      704.6884  The provisions of NRS 704.6881 to 704.6884, inclusive, must not be construed to exempt telecommunication providers [of telecommunication services] from any other applicable statute of this State or the United States relating to consumer and antitrust protections. The exemption provided in paragraph (c) of subsection 3 of NRS 598A.040 does not apply to conduct of, or actions taken by, a telecommunication provider [of telecommunication services] in violation of the standards established pursuant to subsection 1 of NRS 704.6881.

      Sec. 56.  Chapter 707 of NRS is hereby amended by adding thereto the provisions set forth as sections 57 to 60, inclusive, of this act.

      Sec. 57.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 58, 59 and 60 of this act have the meanings ascribed to them in those sections.

 


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

ê2007 Statutes of Nevada, Page 709 (Chapter 216, AB 518)ê

 

      Sec. 58.  “Basic network service” has the meaning ascribed to it in section 2 of this act.

      Sec. 59.  “Telecommunication provider” or “telephone company” has the meaning ascribed to it in section 12 of this act.

      Sec. 60.  “Telecommunication service” or “telephone service” has the meaning ascribed to it in section 13 of this act.

      Sec. 61.  NRS 707.440 is hereby amended to read as follows:

      707.440  “Eligible provider” means a telecommunication provider [of telecommunication services] that has been designated as an eligible telecommunications carrier by the Commission to receive universal service support pursuant to 47 U.S.C. § 214, as that section existed on January 1, 1999.

      Sec. 62.  NRS 707.490 is hereby amended to read as follows:

      707.490  1.  The reduction in the telephone rates provided by lifeline or link up services must be based on the methods for determining reductions which are adopted by the Commission by regulation. The Commission may provide different methods for determining reductions to allow for differences between eligible providers. The methods may include, without limitation:

      (a) Basing the reduction on the tariff filed by the eligible provider with the Commission; or

      (b) Establishing a formula pursuant to which the amount of the reduction may be determined.

      2.  The reduction in such telephone rates applies only to:

      (a) [Residential flat rate basic local exchange service;

      (b) Residential local exchange access service;

      (c) Residential local calling area service; and

      (d)] Basic network service; and

      (b) Residential service connection charges [.] for such basic network service.

      3.  [The reduced rate for residential local exchange access service, when combined with the reduced rate for residential local calling area service, must not exceed the comparable reduced rate for residential flat rate basic local exchange service.

      4.]  If the amount of the reduction in rates provided by an eligible provider to an eligible customer for lifeline services is greater than the amount which the eligible provider receives as universal service support pursuant to 47 U.S.C. § 254, the eligible provider is entitled to reimbursement from the fund to maintain the availability of telephone service established by the Commission pursuant to NRS 704.040 for the difference between the amount of the reduction and the amount received as universal service support pursuant to 47 U.S.C. § 254.

      Sec. 63.  NRS 709.050 is hereby amended to read as follows:

      709.050  1.  The board of county commissioners may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.

      2.  The board of county commissioners shall not:

 


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

ê2007 Statutes of Nevada, Page 710 (Chapter 216, AB 518)ê

 

      (a) Impose any terms or conditions on a franchise granted pursuant to subsection 1 for the provision of [telecommunications] telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

      (b) Require a company that provides [telecommunications] telecommunication service or interactive computer service to obtain a franchise if it provides [telecommunications] telecommunication service over the telephone or telegraph lines owned by another company.

      3.  As used in NRS 709.050 to 709.170, inclusive:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.] January 1, 2007.

      (b) “Street railway” means:

             (1) A system of public transportation operating over fixed rails on the surface of the ground; or

             (2) An overhead or underground system, other than a monorail, used for public transportation.

Ê The term does not include a super speed ground transportation system as defined in NRS 705.4292.

      (c) [“Telecommunications] “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      4.  As used in this section, “monorail” has the meaning ascribed to it in NRS 705.650.

      Sec. 64.  NRS 709.130 is hereby amended to read as follows:

      709.130  1.  Every person, company, corporation or association receiving a franchise pursuant to the provisions of NRS 709.050 to 709.170, inclusive, shall:

      (a) Provide a plant with all necessary appurtenances of approved construction for the full performance of his franchise duties, rights and obligations, and for the needs, comfort and convenience of the inhabitants of the various unincorporated towns and cities, county or place to which his franchise relates.

      (b) Keep the plants and appurtenances, including all tracks, cars, poles, wires, pipes, mains and other attachments, in good repair, so as not to interfere with the passage of persons or vehicles, or the safety of persons or property.

      2.  Except as otherwise provided in this subsection, the board of county commissioners may when granting such franchise, fix and direct the location of all tracks, poles, wires, mains, pipes and other appurtenances upon the public streets, alleys, avenues and highways as best to serve the convenience of the public. The board may change the location of any appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public requires. The board shall not require a company that provides [telecommunications] telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the county.

      3.  All poles, except poles from which trolley wires are suspended for streetcar lines, from which wires are suspended for electric railroads, power, light or heating purposes within the boundaries of unincorporated towns and over public highways must not be less than 30 feet in height, and the wires strung thereon must not be less than 25 feet above the ground.

 


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

ê2007 Statutes of Nevada, Page 711 (Chapter 216, AB 518)ê

 

over public highways must not be less than 30 feet in height, and the wires strung thereon must not be less than 25 feet above the ground.

      4.  Every person, company, association or corporation operating a telephone, telegraph or electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its own expense, a competent electrician to cut, repair and replace wires in all cases where cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.

      5.  No person, company, corporation or association may receive an exclusive franchise nor may any board of county commissioners grant a franchise in such manner or under such terms or conditions as to hinder or obstruct the granting of franchises to other grantees, or in such manner as to obstruct or impede reasonable competition in any business or public service to which NRS 709.050 to 709.170, inclusive, apply.

      Sec. 65.  NRS 710.140 is hereby amended to read as follows:

      710.140  1.  The control, management and conduct of any telephone line or system purchased, acquired or constructed by any county must be exercised by the board of county commissioners of such county.

      2.  The board of county commissioners has the right to employ such persons as may be necessary to carry on the business of the county telephone line or system.

      3.  The board of county commissioners shall comply with chapter 332 of NRS in letting contracts for the use and benefit of the county telephone line or system.

      4.  If the Public Utilities Commission of Nevada has provided for the levy and collection of an assessment pursuant to [subsection 7 of] NRS 704.040 for [a] the fund to maintain the availability of telephone service, the county telephone line or system is subject to the levy and collection of the assessment and is entitled to receive money from the fund under the same terms and conditions as a [public utility that is subject to subsection 7 of NRS 704.040.] telecommunication provider regulated pursuant to chapter 704 of NRS.

      5.  In carrying on the business of the county telephone line or system, the board of county commissioners may create a separate corporation to provide communication services that are not within the scope of activities regulated pursuant to chapter 704 of NRS. The control and management of the separate corporation must be exercised by the board of county commissioners, and the separate corporation is subject to all applicable provisions of NRS 710.010 to 710.159, inclusive, to the same extent as the county telephone line or system.

      6.  If, after October 1, 2006, the county telephone line or system provides, outside the territorial boundaries of the county, any communication services that are not within the scope of activities regulated pursuant to chapter 704 of NRS, the county telephone line or system:

      (a) With regard to the facilities and property it maintains outside the territorial boundaries of the county, shall comply with the same federal, state and local requirements that would apply to a privately held company providing the same communication services; and

      (b) With regard to the provision of such services outside the territorial boundaries of the county:

 


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

ê2007 Statutes of Nevada, Page 712 (Chapter 216, AB 518)ê

 

             (1) Shall comply with any regulations and rules of the Public Utilities Commission of Nevada that would apply to a privately held company providing the same communication services;

             (2) Shall not use any money from the county general fund for the provision of such services; and

             (3) Shall not engage in any transaction with an affiliated entity at prices and terms that are lower than or more favorable than the prices and terms that the county telephone line or system or the affiliated entity would offer to or charge an unaffiliated third party for such a transaction.

      7.  Nothing in this section requires a county telephone line or system to offer any services to or engage in any transaction with an affiliated entity or an unaffiliated third party.

      8.  Except as otherwise provided in subsections 4 and 6, nothing in this section vests jurisdiction over a county telephone line or system in the Public Utilities Commission of Nevada.

      9.  It is expressly provided that no general or other statute shall limit or restrict the conduct and carrying on of the business of a county telephone line or system by the board of county commissioners except as specifically set forth in this section and NRS 710.145.

      10.  As used in this section, “affiliated entity” means any entity that is owned, operated or controlled by the same county that owns, operates or controls the county telephone line or system.

      Sec. 66.  NRS 710.145 is hereby amended to read as follows:

      710.145  1.  Notwithstanding the provisions of any other statute, a county telephone line or system may extend its communication services outside the territorial boundaries of the county if:

      (a) The services are not within the scope of activities regulated pursuant to chapter 704 of NRS and the county telephone line or system complies with the provisions of subsection 6 of NRS 710.140;

      (b) The [Public Utilities Commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the] services are extended into an area served by one or more competitive [or discretionary and that regulation thereof is unnecessary;] suppliers regulated pursuant to sections 18 to 30, inclusive, of this act; or

      (c) The Public Utilities Commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days’ notice to all telephone utilities providing service in the county into which the extension is to be made, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system. No such extension may be permitted for a distance of more than 10 miles.

      2.  If, after October 1, 2005, a county telephone line or system provides any communication services pursuant to paragraph (b) or (c) of subsection 1 outside the territorial boundaries of the county, the county telephone line or system shall:

      (a) With regard to the facilities and property it maintains outside the territorial boundaries of the county, comply with the same federal, state and local requirements that would apply to a privately held company providing the same communication services; and

      (b) With regard to the provision of such services outside the territorial boundaries of the county, comply with any regulations and rules of the Public Utilities Commission of Nevada that would apply to a privately held company providing the same communication services.

 


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

ê2007 Statutes of Nevada, Page 713 (Chapter 216, AB 518)ê

 

Public Utilities Commission of Nevada that would apply to a privately held company providing the same communication services.

      3.  If a county telephone line or system and an affiliated entity engage in any transaction to provide communication services outside the territorial boundaries of the county, the Public Utilities Commission of Nevada has jurisdiction over such a transaction to the extent necessary to enforce this section and NRS 710.140.

      4.  Nothing in this section requires a county telephone line or system to offer any services to or engage in any transaction with an affiliated entity or an unaffiliated third party.

      5.  Except as otherwise provided in subsections 1, 2 and 3, nothing in this section vests jurisdiction over a county telephone line or system in the Public Utilities Commission of Nevada.

      6.  As used in this section, “affiliated entity” has the meaning ascribed to it in NRS 710.140.

      Sec. 67.  NRS 710.147 is hereby amended to read as follows:

      710.147  1.  The governing body of a county whose population is 50,000 or more:

      (a) Shall not sell [telecommunications] telecommunication service to the general public.

      (b) May purchase or construct facilities for providing [telecommunications] telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

      2.  Any information relating to the study conducted pursuant to subsection 1 must be maintained by the county clerk and made available for public inspection during the business hours of the office of the county clerk.

      3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell [telecommunications] telecommunication service to the general public.

      4.  As used in this section:

      (a) [“Telecommunications”] “Telecommunication” has the meaning ascribed to it in [47 U.S.C. § 153(43), as that section existed on July 16, 1997.

      (b) “Telecommunications] section 11 of this act.

      (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 68.  NRS 711.190 is hereby amended to read as follows:

      711.190  1.  Except as otherwise provided in NRS 318.1194:

      (a) A city may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

      (b) A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

 


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

ê2007 Statutes of Nevada, Page 714 (Chapter 216, AB 518)ê

 

county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

      2.  If a local government grants a franchise to two or more community antenna television companies to construct, maintain or operate a community antenna television system in the same area, the local government shall impose the same terms and conditions on each franchise and shall enforce those terms and conditions in a nondiscriminatory manner.

      3.  A community antenna television company that is granted a franchise pursuant to this chapter may provide [telecommunications] telecommunication service or interactive computer service without obtaining a separate franchise from the local government.

      4.  A local government that grants a franchise pursuant to this chapter shall not require the community antenna television company to place its facilities in ducts or conduits or on poles owned or leased by the local government.

      5.  If a county whose population is 400,000 or more, or an incorporated city located in whole or in part within such a county, grants a franchise pursuant to this chapter, the term of the franchise must be at least 10 years. If a franchisee notifies such a county or city on or before the end of the eighth year of a franchise that it wishes to extend the franchise, the county or city shall, on or before the end of the ninth year of the franchise, grant an extension of 5 years on the same terms and conditions, unless the franchisee has not substantially complied with the terms and conditions of the franchise agreement.

      6.  As used in this section:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.

      (b) “Telecommunications] January 1, 2007.

      (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 69.  NRS 268.086 is hereby amended to read as follows:

      268.086  1.  The governing body of an incorporated city whose population is 25,000 or more:

      (a) Shall not sell [telecommunications] telecommunication service to the general public.

      (b) May purchase or construct facilities for providing [telecommunications] telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

      2.  Any information relating to the study conducted pursuant to subsection 1 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

      3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell [telecommunications] telecommunication service to the general public.

      4.  As used in this section:

 


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

ê2007 Statutes of Nevada, Page 715 (Chapter 216, AB 518)ê

 

      (a) [“Telecommunications”] “Telecommunication” has the meaning ascribed to it in [47 U.S.C. § 153(43), as that section existed on July 16, 1997.

      (b) “Telecommunications] section 11 of this act.

      (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 70.  NRS 268.088 is hereby amended to read as follows:

      268.088  The governing body of an incorporated city shall not:

      1.  Impose any terms or conditions on a franchise for the provision of [telecommunications] telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

      2.  Require a company that provides [telecommunications] telecommunication service or interactive computer service to obtain a franchise if it provides [telecommunications] telecommunication service over the telephone or telegraph lines owned by another company.

      3.  Require a person who holds a franchise for the provision of [telecommunications] telecommunication service to place its facilities in ducts or conduits or on poles owned or leased by the city.

      4.  As used in this section:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.

      (b) “Telecommunications] January 1, 2007.

      (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 71.  NRS 360.820 is hereby amended to read as follows:

      360.820  [“Telecommunications] “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 1, 2003.] section 13 of this act.

      Sec. 72.  NRS 360.825 is hereby amended to read as follows:

      360.825  1.  Except as otherwise provided in this section, if on or after July 1, 2003, a local government acquires from another entity a public utility that provides electric service, natural gas service, [telecommunications] telecommunication service or community antenna television service:

      (a) The local government shall make payments in lieu of and equal to all state and local taxes and franchise fees from which the local government is exempt but for which the public utility would be liable if the public utility was not owned by a governmental entity; and

      (b) The Nevada Tax Commission shall, solely for the purpose set forth in this paragraph, annually determine and apportion the assessed valuation of the property of the public utility. For the purpose of calculating any allocation or apportionment of money for distribution among local governments pursuant to a formula required by state law which is based partially or entirely on the assessed valuation of taxable property:

             (1) The property of the public utility shall be deemed to constitute taxable property to the same extent as if the public utility was not owned by a governmental entity; and

             (2) To the extent that the property of the public utility is deemed to constitute taxable property pursuant to this paragraph:

 


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

ê2007 Statutes of Nevada, Page 716 (Chapter 216, AB 518)ê

 

                   (I) The assessed valuation of that property must be included in that calculation as determined and apportioned by the Nevada Tax Commission pursuant to this paragraph; and

                   (II) The payments required by paragraph (a) in lieu of any taxes that would otherwise be required on the basis of the assessed valuation of that property shall be deemed to constitute payments of those taxes.

      2.  The payments in lieu of taxes and franchise fees required by subsection 1 are due at the same time and must be collected, accounted for and distributed in the same manner as those taxes and franchise fees would be due, collected, accounted for and distributed if the public utility was not owned by a governmental entity, except that no lien attaches upon any property or money of the local government by virtue of any failure to make all or any part of those payments. The local government may contest the validity and amount of any payment in lieu of a tax or franchise fee to the same extent as if that payment was a payment of the tax or franchise fee itself. The payments in lieu of taxes and franchise fees must be reduced if and to the extent that such a contest is successful.

      3.  The provisions of this section do not:

      (a) Apply to the acquisition by a local government of a public utility owned by another governmental entity, except a public utility owned by another local government for which any payments in lieu of state or local taxes or franchise fees was required before its acquisition as provided in this section.

      (b) Require a local government to make any payments in lieu of taxes or franchise fees to the extent that the making of those payments would cause a deficiency in the money available to the local government to make required payments of principal of, premium, if any, or interest on any bonds or other securities issued to finance the acquisition of that public utility or to make required payments to any funds established under the proceedings under which those bonds or other securities were issued.

      (c) Require a county to duplicate any payments in lieu of taxes required pursuant to NRS 244A.755.

      Sec. 73.  NRS 360.830 is hereby amended to read as follows:

      360.830  1.  Except as otherwise provided in this section, if on or after July 1, 2003, a local government:

      (a) Acquires from another entity a public utility that provides water service or sewer service; or

      (b) Expands facilities for the provision of water service, sewer service, electric service, natural gas service, [telecommunications] telecommunication service or community antenna television service, and the expansion results in the local government serving additional retail customers who were, before the expansion, retail customers of a public utility which provided that service,

Ê the local government shall enter into an interlocal agreement with each affected local government to compensate the affected local government each fiscal year, as nearly as practicable, for the amount of any money from state and local taxes and franchise fees and from payments in lieu of those taxes and franchise fees, and for any compensation from a local government pursuant to this section, the affected local government would be entitled to receive but will not receive because of the acquisition of that public utility or expansion of those facilities as provided in this section.

      2.  An affected local government may waive any or all of the compensation to which it may be entitled pursuant to subsection 1.

 


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

ê2007 Statutes of Nevada, Page 717 (Chapter 216, AB 518)ê

 

      3.  The provisions of this section do not require a:

      (a) Local government to provide any compensation to an affected local government to the extent that the provision of that compensation would cause a deficiency in the money available to the local government to make required payments of principal of, premium, if any, or interest on any bonds or other securities issued to finance the acquisition of that public utility or expansion of those facilities, or to make required payments to any funds established under the proceedings under which those bonds or other securities were issued.

      (b) County to duplicate any compensation an affected local government receives from any payments in lieu of taxes required pursuant to NRS 244A.755.

      Sec. 74.  NRS 598.9682 is hereby amended to read as follows:

      598.9682  “Provider” means:

      1.  A [person who is in the business of providing a telecommunications service;] telecommunication provider as defined in section 12 of this act;

      2.  An agent, employee, independent contractor or representative of such a [person who is in the business of providing a telecommunications service;] telecommunication provider; or

      3.  A person who originates a charge for a [telecommunications] telecommunication service and directly or indirectly bills a customer for the charge.

      Sec. 75.  NRS 598.9684 is hereby amended to read as follows:

      598.9684  [“Telecommunications service” means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound over a communications system or network, including, without limitation, a communications system or network that uses analog, digital, electronic, electromagnetic, magnetic or optical technology.] “Telecommunication service” has the meaning ascribed to it in section 13 of this act.

      Sec. 76.  NRS 598.969 is hereby amended to read as follows:

      598.969  A provider shall not:

      1.  Make a statement or representation regarding the provision of a [telecommunications] telecommunication service, including, without limitation, a statement regarding the rates, terms or conditions of a [telecommunications] telecommunication service, that:

      (a) Is false, misleading or deceptive; or

      (b) Fails to include material information which makes the statement or representation false, misleading or deceptive.

      2.  Misrepresent his identity.

      3.  Falsely state to a person that the person has subscribed or authorized a subscription to or has received a [telecommunications] telecommunication service.

      4.  Omit, when explaining the terms and conditions of a subscription to a [telecommunications] telecommunication service, a material fact concerning the subscription.

      5.  Fail to provide a customer with timely written notice containing:

      (a) A clear and detailed description relating directly to the services for which the customer is being billed and the amount the customer is being charged for each service;

 


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

ê2007 Statutes of Nevada, Page 718 (Chapter 216, AB 518)ê

 

      (b) All terms and conditions relating directly to the services provided; and

      (c) The name, address and telephone number of the provider.

      6.  Fail to honor, within a reasonable period, a request of a customer to cancel a [telecommunications] telecommunication service pursuant to the terms and conditions for the service.

      7.  Bill a customer for a [telecommunications] telecommunication service after the customer has cancelled the [telecommunications] telecommunication service pursuant to the terms and conditions of the service.

      8.  Bill a customer for services that the provider knows the customer has not authorized, unless the service is required to be provided by law. The failure of a customer to refuse a proposal from a provider does not constitute specific authorization.

      9.  Change a customer’s subscription to a local exchange carrier or an interexchange carrier unless:

      (a) The customer has authorized the change within the 30 days immediately preceding the date of the change; and

      (b) The provider complies with the provisions of 47 U.S.C. § 258, as amended, and the verification procedures set forth in 47 C.F.R. part 64, subpart K, as amended.

      10.  Fail to provide to a customer who has authorized the provider to change his subscription to a local exchange carrier or an interexchange carrier a written confirmation of the change within 30 days after the date of the change.

      11.  Propose or enter into a contract with a person that purports to:

      (a) Waive the protection afforded to the person by any provision of this section; or

      (b) Authorize the provider or an agent, employee, independent contractor or representative of the provider to violate any provision of this section.

      Sec. 77.  NRS 598.9691 is hereby amended to read as follows:

      598.9691  The Public Utilities Commission of Nevada may adopt regulations governing the disclosures that must be made by a provider to a customer before the customer may be charged for a [telecommunications] telecommunication service.

      Sec. 78.  Section 2.270 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 416, Statutes of Nevada 2001, at page 2096, is hereby amended to read as follows:

       Sec. 2.270  Power of Board: Provision of utilities.

       1.  Except as otherwise provided in subsection 2 and section 2.272, the Board may:

       (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.

       (b) Provide for the construction of any facility necessary for the provision of such utilities.

       (c) Fix the rate to be paid for any utility provided by public enterprise.

       (d) Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical water meters, or similar mechanical devices, to measure the quantity of water delivered to water users.

       2.  The Board:

 


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

ê2007 Statutes of Nevada, Page 719 (Chapter 216, AB 518)ê

 

       (a) Shall not sell [telecommunications] telecommunication service to the general public.

       (b) May purchase or construct facilities for providing [telecommunications] telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the Clerk and made available for public inspection during the business hours of the Office of the Clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell [telecommunications] telecommunication service to the general public.

       5.  As used in this section:

       (a) [“Telecommunications”] “Telecommunication” has the meaning ascribed to it in [47 U.S.C. § 153(43), as that section existed on July 16, 1997.

       (b) “Telecommunications] section 11 of this act.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 79.  Section 2.272 of the Charter of Carson City, being chapter 565, Statutes of Nevada 1997, at page 2750, is hereby amended to read as follows:

       Sec. 2.272  Franchises for the provision of [telecommunications] telecommunication service.

       1.  The Board shall not:

       (a) Impose any terms or conditions on a franchise for the provision of [telecommunications] telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       (b) Require a company that provides [telecommunications] telecommunication service or interactive computer service to obtain a franchise if it provides [telecommunications] telecommunication service over the telephone or telegraph lines owned by another company.

       (c) Require a person who holds a franchise for the provision of [telecommunications] telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City.

       2.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.

       (b) “Telecommunications] January 1, 2007.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

 


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

ê2007 Statutes of Nevada, Page 720 (Chapter 216, AB 518)ê

 

      Sec. 80.  Section 2.280 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 416, Statutes of Nevada 2001, at page 2098, is hereby amended to read as follows:

       Sec. 2.280  Powers of City Council: Provision of utilities.

       1.  Except as otherwise provided in subsection 2 and section 2.285, the City Council may:

       (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to the City for the residents thereof.

       (b) Provide for the construction of any facility necessary for the provision of such utilities.

       (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and must be perfected by filing with the County Recorder of Clark County a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must:

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

             (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

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

       2.  The City Council:

       (a) Shall not sell [telecommunications] telecommunication service to the general public.

       (b) May purchase or construct facilities for providing [telecommunications] telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell [telecommunications] telecommunication service to the general public.

       5.  As used in this section:

       (a) [“Telecommunications”] “Telecommunication” has the meaning ascribed to it in [47 U.S.C. § 153(43), as that section existed on July 16, 1997.

       (b) “Telecommunications] section 11 of this act.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

 


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

ê2007 Statutes of Nevada, Page 721 (Chapter 216, AB 518)ê

 

      Sec. 81.  Section 2.285 of the Charter of the City of Henderson, being chapter 565, Statutes of Nevada 1997, at page 2752, is hereby amended to read as follows:

       Sec. 2.285  Franchises for the provision of [telecommunications] telecommunication service.

       1.  The City Council shall not:

       (a) Impose any terms or conditions on a franchise for the provision of [telecommunications] telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       (b) Require a company that provides [telecommunications] telecommunication service or interactive computer service to obtain a franchise if it provides [telecommunications] telecommunication service over the telephone or telegraph lines owned by another company.

       (c) Require a person who holds a franchise for the provision of [telecommunications] telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City.

       2.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.

       (b) “Telecommunications] January 1, 2007.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 82.  Section 2.300 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 416, Statutes of Nevada 2001, at page 2100, is hereby amended to read as follows:

       Sec. 2.300  Powers of City Council: Provision of utilities.

       1.  Except as otherwise provided in subsection 3 and section 2.315, the City Council may:

       (a) Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the City.

       (b) Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.

       (c) Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:

             (1) There must be filed with the City Clerk and available for public inspection schedules of all rates, fees, tolls and charges which the City has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the City.

 


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

ê2007 Statutes of Nevada, Page 722 (Chapter 216, AB 518)ê

 

service which is performed or product which is furnished in connection with any utility which is owned or operated by the City.

             (2) No change may be made in any of those schedules except upon 30 days’ notice to the inhabitants of the City and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30-day period before the hearing.

             (3) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

             (4) Every utility which is owned or operated by the City shall furnish reasonably adequate service and facilities, and the charges which are made for any service which is or will be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the City must be just and reasonable.

       2.  Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the City or by any utility which is owned or operated by the City pursuant to this section is a lien upon the property to which the service is rendered. The lien:

       (a) Must be perfected by filing with the County Recorder of the County a statement by the City Clerk in which he states the amount which is due and unpaid and describes the property which is subject to the lien.

       (b) Is coequal with the latest lien upon that property to secure the payment of general taxes.

       (c) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

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

       (e) May be enforced and foreclosed in such manner as may be prescribed by ordinance.

       3.  The City Council:

       (a) Shall not sell [telecommunications] telecommunication service to the general public.

       (b) May purchase or construct facilities for providing [telecommunications] telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       4.  Any information relating to the study conducted pursuant to subsection 3 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

       5.  Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell [telecommunications] telecommunication service to the general public.

       6.  As used in this section:

 


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

ê2007 Statutes of Nevada, Page 723 (Chapter 216, AB 518)ê

 

       (a) [“Telecommunications”] “Telecommunication” has the meaning ascribed to it in [47 U.S.C. § 153(43), as that section existed on July 16, 1997.

       (b) “Telecommunications] section 11 of this act.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 83.  Section 2.315 of the Charter of the City of Las Vegas, being chapter 565, Statutes of Nevada 1997, at page 2754, is hereby amended to read as follows:

       Sec. 2.315  Franchises for the provision of [telecommunications] telecommunication service.

       1.  The City Council shall not:

       (a) Impose any terms or conditions on a franchise for the provision of [telecommunications] telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       (b) Require a company that provides [telecommunications] telecommunication service or interactive computer service to obtain a franchise if it provides [telecommunications] telecommunication service over the telephone or telegraph lines owned by another company.

       (c) Require a person who holds a franchise for the provision of [telecommunications] telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City.

       2.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.

       (b) “Telecommunications] January 1, 2007.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 84.  Section 2.280 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 416, Statutes of Nevada 2001, at page 2103, is hereby amended to read as follows:

       Sec. 2.280  Powers of City Council: Provision of utilities.

       1.  Except as otherwise provided in subsection 3 and section 2.285, the City Council may:

       (a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the City for residents located within or without the City.

       (b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.

       (c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this Charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

 


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

ê2007 Statutes of Nevada, Page 724 (Chapter 216, AB 518)ê

 

conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

             (1) There must be filed with the City Clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the City has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the City.

             (2) No changes may be made in any schedule so filed with the City Clerk except upon 30 days’ notice to the inhabitants of the City and a public hearing held thereon. Notice of the proposed change or changes must be given by at least two publications in a newspaper published in the City during the 30-day period before the hearing thereon.

             (3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

             (4) Every utility operated by the City shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

       (d) Provide, by ordinance, for an additional charge to each business customer and for each housing unit within the City to which water is provided by a utility of up to 25 cents per month. If such a charge is provided for, the City Council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the City.

       2.  Any charges due for services, facilities or commodities furnished by the City or by any utility operated by the City pursuant to this section is a lien upon the property to which the service is rendered and must be perfected by filing with the County Recorder of Clark County of a statement by the City Clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:

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

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

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

       3.  The City Council:

       (a) Shall not sell [telecommunications] telecommunication service to the general public.

       (b) May purchase or construct facilities for providing [telecommunications] telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

 


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

ê2007 Statutes of Nevada, Page 725 (Chapter 216, AB 518)ê

 

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       4.  Any information relating to the study conducted pursuant to subsection 3 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

       5.  Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell [telecommunications] telecommunication service to the general public.

       6.  As used in this section:

       (a) “Housing unit” means a:

             (1) Single-family dwelling;

             (2) Townhouse, condominium or cooperative apartment;

             (3) Unit in a multiple-family dwelling or apartment complex; or

             (4) Mobile home.

       (b) [“Telecommunications”] “Telecommunication” has the meaning ascribed to it in [47 U.S.C. § 153(43), as that section existed on July 16, 1997.

       (c) “Telecommunications] section 11 of this act.

       (c) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 85.  Section 2.285 of the Charter of the City of North Las Vegas, being chapter 565, Statutes of Nevada 1997, at page 2758, is hereby amended to read as follows:

       Sec. 2.285  Franchises for the provision of [telecommunications] telecommunication service.

       1.  The City Council shall not:

       (a) Impose any terms or conditions on a franchise for the provision of [telecommunications] telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       (b) Require a company that provides [telecommunications] telecommunication service or interactive computer service to obtain a franchise if it provides [telecommunications] telecommunication service over the telephone or telegraph lines owned by another company.

       (c) Require a person who holds a franchise for the provision of [telecommunications] telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City.

       2.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.

       (b) “Telecommunications] January 1, 2007.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

 


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

ê2007 Statutes of Nevada, Page 726 (Chapter 216, AB 518)ê

 

      Sec. 86.  Section 2.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 325, Statutes of Nevada 2005, at page 1143, is hereby amended to read as follows:

       Sec. 2.140  General powers of City Council.

       1.  Except as otherwise provided in subsection 2 and section 2.150, the City Council may:

       (a) Acquire, control, improve and dispose of any real or personal property for the use of the City, its residents and visitors.

       (b) Except as otherwise provided in NRS 598D.150 and 640C.100, regulate and impose a license tax for revenue upon all businesses, trades and professions.

       (c) Provide or grant franchises for public transportation and utilities.

       (d) Appropriate money for advertising and publicity and for the support of a municipal band.

       (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the City whenever the offense is committed within the City.

       (f) Fix the rate to be paid for any utility service provided by the City as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and is perfected by filing with the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

             (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

             (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

             (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

       2.  The City Council:

       (a) Shall not sell [telecommunications] telecommunication service to the general public.

       (b) May purchase or construct facilities for providing [telecommunications] telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell [telecommunications] telecommunication service to the general public.

       5.  As used in this section:

 


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

ê2007 Statutes of Nevada, Page 727 (Chapter 216, AB 518)ê

 

       (a) [“Telecommunications”] “Telecommunication” has the meaning ascribed to it in [47 U.S.C. § 153(43), as that section existed on July 16, 1997.

       (b) “Telecommunications] section 11 of this act.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 87.  Section 2.150 of the Charter of the City of Reno, being chapter 565, Statutes of Nevada 1997, at page 2761, is hereby amended to read as follows:

       Sec. 2.150  Franchises for the provision of [telecommunications] telecommunication service.

       1.  The City Council shall not:

       (a) Impose any terms or conditions on a franchise for the provision of [telecommunications] telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       (b) Require a company that provides [telecommunications] telecommunication service or interactive computer service to obtain a franchise if it provides [telecommunications] telecommunication service over the telephone or telegraph lines owned by another company.

       (c) Require a person who holds a franchise for the provision of [telecommunications] telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City.

       2.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.

       (b) “Telecommunications] January 1, 2007.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 88.  Section 2.110 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 416, Statutes of Nevada 2001, at page 2107, is hereby amended to read as follows:

       Sec. 2.110  Powers of City Council: Provisions for utilities.

       1.  Except as otherwise provided in subsection 2 and section 2.115, the City Council may:

       (a) Provide by contract, franchise or public enterprise, for any utility to be furnished to the City for the residents thereof.

       (b) Provide for the construction of any facility necessary for the provisions of such utility.

       (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and must be performed by filing with the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien.

 


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

ê2007 Statutes of Nevada, Page 728 (Chapter 216, AB 518)ê

 

the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must:

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

             (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

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

       2.  The City Council:

       (a) Shall not sell [telecommunications] telecommunication service to the general public.

       (b) May purchase or construct facilities for providing [telecommunications] telecommunication that intersect with public rights-of-way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell [telecommunications] telecommunication service to the general public.

       5.  As used in this section:

       (a) [“Telecommunications”] “Telecommunication” has the meaning ascribed to it in [47 U.S.C. § 153(43), as that section existed on July 16, 1997.

       (b) “Telecommunications] section 11 of this act.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 89.  Section 2.115 of the Charter of the City of Sparks, being chapter 565, Statutes of Nevada 1997, at page 2763, is hereby amended to read as follows:

       Sec. 2.115  Franchises for the provision of [telecommunications] telecommunication service.

       1.  The City Council shall not:

       (a) Impose any terms or conditions on a franchise for the provision of [telecommunications] telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

       (b) Require a company that provides [telecommunications] telecommunication service or interactive computer service to obtain a franchise if it provides [telecommunications] telecommunication service over the telephone or telegraph lines owned by another company.

 


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

ê2007 Statutes of Nevada, Page 729 (Chapter 216, AB 518)ê

 

       (c) Require a person who holds a franchise for the provision of [telecommunications] telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the City.

       2.  As used in this section:

       (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § [230(e)(2),] 230(f)(2), as that section existed on [July 16, 1997.

       (b) “Telecommunications] January 1, 2007.

       (b) “Telecommunication service” has the meaning ascribed to it in [47 U.S.C. § 153(46), as that section existed on July 16, 1997.] section 13 of this act.

      Sec. 90.  NRS 704.68904, 704.68908, 704.6891, 704.68912, 704.68916, 704.6892, 704.68922, 704.68924, 704.68928, 704.68932, 704.68936, 704.6894, 704.68942, 704.68944, 704.68946, 704.68947, 704.68948, 704.68952, 704.68956, 704.6896, 704.68964, 704.68966, 704.68968, 704.68972, 704.68976, 704.6898 and 704.68984 are hereby repealed.

      Sec. 91.  1.  The Public Utilities Commission of Nevada shall:

      (a) On or before December 31, 2007, repeal any regulations which the Commission has adopted pursuant to NRS 704.68904 to 704.68984, inclusive, and any other regulations which are inconsistent with this act; and

      (b) Except as otherwise provided in subsections 2 and 3, on or before July 1, 2008, adopt any regulations which are required by or necessary to carry out the provisions of this act.

      2.  Notwithstanding any other provision of this act:

      (a) In carrying out the provisions of NRS 704.6873, as amended by this act, the Commission shall:

             (1) Commence a regulatory proceeding to establish the eligibility requirements for competitive suppliers that are providers of last resort to apply to receive payments from the fund to maintain the availability of telephone service based on the need of such competitive suppliers for funding to maintain the availability of telephone service to rural, insular and high-cost areas; and

             (2) Conclude that regulatory proceeding and establish the eligibility requirements not later than January 1, 2009.

      (b) Except for a small-scale provider of last resort, a competitive supplier that is a provider of last resort:

             (1) May not apply to receive payments from the fund to maintain the availability of telephone service until the Commission has completed the regulatory proceeding required by this subsection; and

             (2) Is not eligible to receive payments from the fund to maintain the availability of telephone service unless the competitive supplier meets the eligibility requirements established by the Commission in the regulatory proceeding required by this subsection.

      3.  Notwithstanding any other provision of this act, the Commission shall:

      (a) As soon as reasonably practicable, commence a regulatory proceeding to adopt the regulations required by section 15 of this act; and

      (b) Conclude that regulatory proceeding and adopt those regulations not later than March 1, 2008.

 


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

ê2007 Statutes of Nevada, Page 730 (Chapter 216, AB 518)ê

 

      4.  As used in this section, unless the context otherwise requires, the words and terms defined in NRS 704.007 to 704.030, inclusive, and sections 2 to 13, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 92.  This act becomes effective upon passage and approval.

________

 

CHAPTER 217, AB 468

Assembly Bill No. 468–Assemblymen Ohrenschall, Parks, Koivisto, Allen, Anderson, Arberry, Beers, Carpenter, Christensen, Claborn, Cobb, Denis, Gansert, Gerhardt, Goicoechea, Grady, Hogan, Horne, Kihuen, Kirkpatrick, Leslie, Mabey, Manendo, McClain, Mortenson, Munford, Oceguera, Parnell, Pierce, Segerblom, Settelmeyer, Smith, Stewart, Weber and Womack

 

CHAPTER 217

 

AN ACT relating to providers of health care; requiring a provider of health care to provide a written disclosure of certain financial interests that he has when referring a patient to or recommending physical therapy to a patient; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      This bill requires providers of health care who refer patients to or recommend physical therapy to a patient to provide a written disclosure to the patient of any financial interests that the provider of health care has in a facility recommended or to which a patient is referred. This bill also clarifies that this new requirement does not authorize a referral or recommendation which is otherwise prohibited.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a provider of health care refers a patient to or recommends that a patient receive physical therapy at a specific facility in which the provider of health care has a financial interest, the provider of health care shall disclose that interest to the patient in writing in a conspicuous manner.

      2.  The provisions of this section do not authorize a referral or recommendation which is otherwise prohibited, including, without limitation, by the provisions of NRS 439B.425.

      3.  As used in this section:

      (a) “Financial interest” includes, without limitation, any share in the ownership of or profit from a facility at which physical therapy is provided and any form of compensation from a facility at which physical therapy is provided for a prescription for physical therapy.

      (b) “Physical therapy” has the meaning ascribed to it in NRS 640.022.

________

 


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

ê2007 Statutes of Nevada, Page 731ê

 

CHAPTER 218, AB 404

Assembly Bill No. 404–Assemblymen Smith, Parks, Conklin, Leslie, Anderson, Arberry, Beers, Buckley, Gansert, Gerhardt, Goedhart, Goicoechea, Kihuen, Kirkpatrick, Koivisto, McClain, Oceguera, Parnell, Pierce and Settelmeyer

 

CHAPTER 218

 

AN ACT relating to insurance; revising provisions concerning the notice that must be given by an insurer who uses certain credit information concerning an applicant or policyholder under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law regulates the use by an insurer of the credit information of a policyholder or an applicant for insurance. (NRS 686A.600-686A.730) In particular, existing law requires an insurer who takes an adverse action against an applicant or policyholder based on his credit information to provide notice to the applicant or policyholder in accordance with federal law that an adverse action has been taken and to provide notice to the applicant or policyholder explaining the reasons for the adverse action. (NRS 686A.710) This bill requires the notice explaining the reasons for the adverse action to be provided in a form approved by the Commissioner of Insurance.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 686A.710 is hereby amended to read as follows:

      686A.710  If an insurer takes an adverse action based upon credit information, the insurer shall:

      1.  Provide notice to the applicant or policyholder that an adverse action has been taken, in accordance with the requirements of section 615(a) of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681m(a).

      2.  Provide notice to the applicant or policyholder explaining the reasons for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer’s decision to take the adverse action. The notice must include a description of not more than four factors that were the primary influences of the adverse action. The use of generalized terms such as “poor credit history,” “poor credit rating” or “poor insurance score” does not meet the requirements of this subsection. [Standardized explanations provided by consumer reporting agencies are deemed to comply with this section.] The notice required by this subsection must be provided in a form approved by the Commissioner.

________

 


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

ê2007 Statutes of Nevada, Page 732ê

 

CHAPTER 219, SB 125

Senate Bill No. 125–Senator Rhoads

 

CHAPTER 219

 

AN ACT relating to property; authorizing the Lander County School District to transfer certain property to the Austin Historical Society; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      The Lander County School District owns the building commonly referred to as the Old Austin Elementary School located in Austin, Nevada. The Austin Historical Society is a domestic nonprofit corporation with offices located in Austin.

      This bill authorizes the Lander County School District to transfer the Old Austin Elementary School to the Austin Historical Society.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Lander County School District may transfer to the Austin Historical Society, without consideration, all the interest of the Lander County School District in the building and real property commonly referred to as the Old Austin Elementary School located in Austin, Nevada.

      2.  If the building and real property are transferred to the Austin Historical Society pursuant to this act:

      (a) The Austin Historical Society:

             (1) Shall, to the extent practicable, use the building and real property in a manner that maintains the historic value of the building and real property, unless the Board of Trustees of the Lander County School District authorizes another use by the Austin Historical Society.

             (2) May transfer the building and real property to another person with the consent of the Board of Trustees of the Lander County School District. Such a transfer may be made without a restriction on the use of the building and real property by the successor in title, unless the Board of Trustees of the Lander County School District requires such a restriction.

      (b) The deed from the Lander County School District to the Austin Historical Society must include a restriction stating that the transfer is subject to the provisions of this act and any amendments to this act whenever enacted.

      3.  The provisions of chapter 393 of NRS do not apply to a transfer of the building and real property to the Austin Historical Society pursuant to this act.

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

________

 


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

ê2007 Statutes of Nevada, Page 733ê

 

CHAPTER 220, SB 346

Senate Bill No. 346–Committee on Finance

 

CHAPTER 220

 

AN ACT making an appropriation to the Office of the Director of the Department of Health and Human Services to fund a working group to study the methamphetamine problem in Nevada for the current fiscal year; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Office of the Director of the Department of Health and Human Services the sum of $9,900 to fund a working group to study the methamphetamine problem in Nevada for the current fiscal year.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2007, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2007.

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

________

 


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

ê2007 Statutes of Nevada, Page 734ê

 

CHAPTER 221, AB 145

Assembly Bill No. 145–Assemblyman Hardy

 

CHAPTER 221

 

AN ACT relating to health insurance; revising provisions governing the assignment of benefits; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      This bill prohibits an insurer that is not licensed in this State and that is obligated to pay benefits for services provided to a person by a hospital or other provider of health care or is obligated to reimburse a person for the costs of such services to make such payments directly to the person if the insurer has notice that the person has assigned the benefits to the hospital or other provider of health care. This bill does not create grounds for civil or criminal liability.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that is not licensed in this State pursuant to title 57 of NRS and that is obligated to pay benefits for services provided to a person by a hospital or other provider of health care, or to reimburse a person for the costs of such services, shall not make the payment directly to the person if an itemized statement for the services is submitted to the insurer which clearly indicates that the right of the person to those benefits has been assigned to the hospital or other provider of health care.

      2.  The provisions of this section do not create grounds for civil or criminal liability.

________

 


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

ê2007 Statutes of Nevada, Page 735ê

 

CHAPTER 222, AB 446

Assembly Bill No. 446–Assemblymen Denis and Leslie

 

CHAPTER 222

 

AN ACT relating to prescriptions; revising provisions governing the tracking of prescriptions for controlled substances; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the creation of a computerized program to track prescriptions for controlled substances listed in schedule II, III or IV. (NRS 453.1545) Section 1 of this bill requires a practitioner, under certain circumstances, before he writes a prescription for such a controlled substance for a patient, to obtain a patient utilization report concerning the patient from the computerized program to ensure that the patient does not already have a prescription for that controlled substance. Section 2 of this bill provides that each practitioner who is authorized to write prescriptions for controlled substances listed in schedule II, III or IV must have Internet access to the database of the computerized program. Section 3 of this bill requires the State Board of Pharmacy to report to the Legislature concerning the implementation of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      A practitioner shall, before he writes a prescription for a controlled substance listed in schedule II, III or IV for a patient, obtain a patient utilization report regarding the patient for the preceding 12 months from the computerized program established by the Board and the Investigation Division of the Department of Public Safety pursuant to NRS 453.1545 if the practitioner has a reasonable belief that the patient may be seeking the controlled substance, in whole or in part, for any reason other than the treatment of an existing medical condition and:

      1.  The patient is a new patient of the practitioner; or

      2.  The patient has not received any prescription for a controlled substance from the practitioner in the preceding 12 months.

Ê The practitioner shall review the patient utilization report to assess whether the prescription for the controlled substance is medically necessary.

      Sec. 2.  NRS 453.1545 is hereby amended to read as follows:

      453.1545  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies to prevent the improper or illegal use of those controlled substances; and

 


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

ê2007 Statutes of Nevada, Page 736 (Chapter 222, AB 446)ê

 

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Division, the Health Division of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      2.  The Board shall provide each practitioner who is authorized to write prescriptions for controlled substances listed in schedule II, III or IV with Internet access to the database of the program established pursuant to subsection 1 to carry out the provisions of section 1 of this act.

      3.  The Board and the Division must have access to the program established pursuant to subsection 1 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

      [3.] 4.  The Board or the Division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

      [4.] 5.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section, must not be disclosed to any person. That information must be disclosed:

      (a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      [5.] 6.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      Sec. 3.  The State Board of Pharmacy shall, on or before February 1, 2009, submit a report concerning the implementation of this act to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

________

 


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

ê2007 Statutes of Nevada, Page 737ê

 

CHAPTER 223, SB 53

Senate Bill No. 53–Senators Heck and Horsford (by request)

 

CHAPTER 223

 

AN ACT relating to deceptive trade practices; providing that advertising or conducting a live musical performance or production through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group constitutes a deceptive trade practice; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law defines activities that constitute deceptive trade practices and provides for the imposition of civil and criminal penalties against persons who engage in deceptive trade practices. (Chapter 598 of NRS) Section 1 of this bill provides that advertising or conducting a live musical performance or production through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group constitutes a deceptive trade practice. Sections 2-12 of this bill amend various sections of NRS to include necessary references to the new deceptive trade practice established in section 1.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a person engages in a “deceptive trade practice” if the person advertises or conducts a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group.

      2.  A person does not engage in a “deceptive trade practice” pursuant to subsection 1 if:

      (a) The performing group is the authorized registrant and owner of a federal service mark comprising in whole or dominant part the mark or name of that group registered in the United States Patent and Trademark Office;

      (b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;

      (c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;

      (d) The advertising does not relate to a live musical performance or production taking place in this State; or

      (e) The performance or production is expressly authorized in writing by the recording group.

      3.  As used in this section:

 


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

ê2007 Statutes of Nevada, Page 738 (Chapter 223, SB 53)ê

 

      (a) “Performing group” means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.

      (b) “Person” means the performing group or its promoter, manager or agent. The term does not include the performance venue or its owners, managers or operators unless the performance venue has a controlling or majority ownership interest in and produces the performing group.

      (c) “Recording group” means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group’s name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.

      (d) “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a cassette tape, compact disc or phonograph album, in which the sounds are embodied.

      Sec. 2.  NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 598.0953 is hereby amended to read as follows:

      598.0953  1.  Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

      2.  The deceptive trade practices listed in NRS 598.0915 to 598.0925, inclusive, and section 1 of this act are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this State.

      Sec. 4.  NRS 598.0955 is hereby amended to read as follows:

      598.0955  1.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act do not apply to:

      (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

      (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

      (c) Actions or appeals pending on July 1, 1973.

      2.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act.

      Sec. 5.  NRS 598.0963 is hereby amended to read as follows:

      598.0963  1.  Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.

 


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

ê2007 Statutes of Nevada, Page 739 (Chapter 223, SB 53)ê

 

trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.

      2.  The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

      3.  If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

      4.  If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.

      Sec. 6.  NRS 598.0967 is hereby amended to read as follows:

      598.0967  1.  The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act to particular persons or circumstances.

      2.  Service of any notice or subpoena must be made as provided in N.R.C.P. 45(c).

      Sec. 7.  NRS 598.0971 is hereby amended to read as follows:

      598.0971  1.  If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, the Commissioner may issue an order directed to the person to show cause why the Commissioner should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

      2.  If, after conducting a hearing pursuant to the provisions of subsection 1, the Commissioner determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Commissioner may make a written report of his findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Commissioner determines in the report that such a violation has occurred, he may order the violator to:

 


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

ê2007 Statutes of Nevada, Page 740 (Chapter 223, SB 53)ê

 

      (a) Cease and desist from engaging in the practice or other activity constituting the violation;

      (b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive [;] , and section 1 of this act; and

      (c) Provide restitution for any money or property improperly received or obtained as a result of the violation.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

      3.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

      4.  If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Commissioner may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

      5.  If the court finds that:

      (a) The violation complained of is a deceptive trade practice;

      (b) The proceedings by the Commissioner concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and

      (c) The findings of the Commissioner are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the Commissioner.

      6.  Except as otherwise provided in NRS 598.0974, an order issued pursuant to subsection 5 may include:

      (a) A provision requiring the payment to the Commissioner of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Commissioner’s order; or

      (b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

      7.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

      8.  Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      Sec. 8.  NRS 598.0985 is hereby amended to read as follows:

      598.0985  Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Commissioner or Director pursuant to NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

 


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

ê2007 Statutes of Nevada, Page 741 (Chapter 223, SB 53)ê

 

of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

      Sec. 9.  NRS 598.0993 is hereby amended to read as follows:

      598.0993  The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

      Sec. 10.  NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act.

      2.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

 


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

ê2007 Statutes of Nevada, Page 742 (Chapter 223, SB 53)ê

 

to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      6.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 11.  NRS 11.190 is hereby amended to read as follows:

      11.190  Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

      1.  Within 6 years:

      (a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      (d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

 

Link to Page 743